ENERGY POLICY ACT OF 1992
EPACT—ALTERNATIVE FUELS—NON-FEDERAL PROGRAMS
Public Law 102–486, as amended
ENERGY POLICY ACT OF 1992
486
119–37
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Energy Policy Act of 1992
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102
1992-10-24
ENERGY POLICY ACT OF 1992
[Pub. L. 102–486; Approved on Oct. 24, 1992; 106 Stat. 2776]
[As Amended Through P.L. 119–37, Enacted November 12, 2025]
[Currency: This publication is a compilation of the text of Public Law 102–486. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
[This Act consists of Pub. L. 102–486 (106 Stat. 2776) enacted on Oct. 24, 1992, and generally appears in title 42, United States Code. Bracketed notes are used at the end of each section for the convenience of the reader to indicate the United States Code citation.]

An Act
to provide for improved energy efficiency.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.
(a)
[42 U.S.C. 13201 note]

Short Title.—
This Act may be cited as the “Energy Policy Act of 1992”.
(b)

Table of Contents.—
* * * * * * *
TITLE IX—
UNITED STATES ENRICHMENT CORPORATION
Sec. 901.
Establishment of the United States Enrichment Corporation.
Sec. 902.
Conforming amendments and repealers.
Sec. 903.
Restrictions on nuclear exports.
Sec. 904.
Severability.
TITLE X—
REMEDIAL ACTION AND URANIUM REVITALIZATION
Subtitle A—
Remedial Action at Active Processing Sites
Sec. 1001.
Remedial action program.
Sec. 1002.
Regulations.
Sec. 1003.
Authorization of appropriations.
Sec. 1004.
Definitions.
Subtitle B—
Uranium Revitalization
Sec. 1011.
Overfeed program.
Sec. 1012.
National Strategic Uranium Reserve.
Sec. 1013.
Sale of remaining DOE inventories.
Sec. 1014.
Responsibility for the industry.
Sec. 1015.
Annual uranium purchase reports.
Sec. 1016.
Uranium inventory study.
Sec. 1017.
Regulatory treatment of uranium purchases.
Sec. 1018.
Definitions.
Subtitle C—
Remedial Action at Inactive Processing Sites
Sec. 1031.
Uranium Mill Tailings Radiation Control Act extension.
TITLE XI—
URANIUM ENRICHMENT HEALTH, SAFETY, AND ENVIRONMENT ISSUES
Sec. 1101.
Uranium enrichment health, safety, and environment issues.
Sec. 1102.
Licensing of AVLIS.
Sec. 1103.
Table of contents.
* * * * * * *
SEC. 2.
[42 U.S.C. 13201]

DEFINITION.
For purposes of this Act, the term “Secretary” means the Secretary of Energy.
* * * * * * *
TITLE I—

ENERGY EFFICIENCY
Subtitle A—

Buildings
SEC. 101.

BUILDING ENERGY EFFICIENCY STANDARDS.
[Subsections (a) and (b) amended the Energy Conservation and Production Act.]
(c)

Federal Mortgage Requirements.—
(1)

Amendment to cranston-gonzalez national affordable housing act.—
Section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709) is amended to read as follows:
“SEC. 109.

ENERGY EFFICIENCY STANDARDS.
“(a)

Establishment.—
“(1)

In general.—
The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, not later than 1 year after the date of the enactment of the Energy Policy Act of 1992, jointly establish, by rule, energy efficiency standards for—
“(A)
new construction of public and assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act; and
“(B)
new construction of single family housing (other than manufactured homes) subject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949.
“(2)

Contents.—
Such standards shall meet or exceed the requirements of the Council of American Building Officials Model Energy Code, 1992 (hereafter in this section referred to as ‘CABO Model Energy Code, 1992’), or, in the case of multifamily high rises, the requirements of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–1989 (hereafter in this section referred to as ‘ASHRAE Standard 90.1–1989’), and shall be cost-effective with respect to construction and operating costs on a life-cycle cost basis. In developing such standards, the Secretaries shall consult with an advisory task force composed of homebuilders, national, State, and local housing agencies (including public housing agencies), energy agencies, building code organizations and agencies, energy efficiency organizations, utility organizations, low-income housing organizations, and other parties designated by the Secretaries.
“(b)

Model Energy Code.—
If the Secretaries have not, within 1 year after the date of the enactment of the Energy Policy Act of 1992, established energy efficiency standards under subsection (a), all new construction of housing specified in such subsection shall meet the requirements of CABO Model Energy Code, 1992, or, in the case of multifamily high rises, the requirements of ASHRAE Standard 90.1–1989.
“(c)

Revisions of Model Energy Code.—
If the requirements of CABO Model Energy Code, 1992, or, in the case of multifamily high rises, ASHRAE Standard 90.1–1989, are revised at any time, the Secretaries shall, not later than 1 year after such revision, amend the standards established under subsection (a) to meet or exceed the requirements of such revised code or standard unless the Secretaries determine that compliance with such revised code or standard would not result in a significant increase in energy efficiency or would not be technologically feasible or economically justified.”
.
(2)

Amendment to title 38, united states code.—
Section 3704 of title 38, United States Code, is amended by adding at the end thereof the following new subsection:
“(g)
A loan for the purchase or construction of new residential property, the construction of which began after the energy efficiency standards under section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act of 1992, take effect, may not be financed through the assistance of this chapter unless the new residential property is constructed in compliance with such standards.”
.
SEC. 102.

RESIDENTIAL ENERGY EFFICIENCY RATINGS.
[Section 102 amended the National Energy Conservation Policy Act.]
SEC. 103.

ENERGY EFFICIENT LIGHTING AND BUILDING CENTERS.
(a)

Purpose.—
The purpose of this section is to encourage energy efficiency in buildings through the establishment of regional centers to promote energy efficient lighting, heating and cooling, and building design.
(b)

Grants for Establishment.—
Not later than 18 months after the date of the enactment of this Act, the Secretary shall make grants to nonprofit institutions, or to consortiums that may include nonprofit institutions, State and local governments, universities, and utilities, to establish or enhance one regional building energy efficiency center (hereafter in this section referred to as a “regional center”) in each of the 10 regions served by a Department of Energy regional support office.
(c)

Permitted Activities.—
Each regional center established under this section may—
(1)
provide information, training, and technical assistance to building professionals such as architects, designers, engineers, contractors, and building code officials, on building energy efficiency methods and technologies, including lighting, heating and cooling, and passive solar;
(2)
operate an outreach program to inform such building professionals of the benefits and opportunities of energy efficiency, and of the services of the center;
(3)
provide displays demonstrating building energy efficiency methods and technologies, such as lighting, windows, and heating and cooling equipment;
(4)
coordinate its activities and programs with other institutions within the region, such as State and local governments, utilities, and educational institutions, in order to support their efforts to promote building energy efficiency;
(5)
serve as a clearinghouse to ensure that information about new building energy efficiency technologies, including case studies of successful applications, is disseminated to end-users in the region;
(6)
study the building energy needs of the region and make available region-specific energy efficiency information to facilitate the adoption of cost-effective energy efficiency improvements;
(7)
assist educational institutions in establishing building energy efficiency engineering and technical programs and curricula; and
(8)
evaluate the performance of the center in promoting building energy efficiency.
(d)

Application.—
Any nonprofit institution or consortium interested in receiving a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. A lighting or building energy center in existence on the date of the enactment of this section which is owned and operated by a nonprofit institution or a consortium as described in subsection (b) shall be eligible for a grant under this section.
(e)

Selection Criteria.—
The Secretary shall select recipients of grants under this section on the basis of the following criteria:
(1)
The capability of the grant recipient to establish a board of directors for the regional center composed of representatives from utilities, State and local governments, building trade and professional organizations, manufacturers, and nonprofit energy and environmental organizations.
(2)
The demonstrated or potential resources available to the grant recipient for carrying out this subsection.
(3)
The demonstrated or potential ability of the grant recipient to promote building energy efficiency by carrying out the activities specified in subsection (c).
(4)
The activities which the grant recipient proposes to carry out under the grant.
(f)

Requirement of Matching Funds.—
(1)

Federal share.—
The Federal share of a grant under this section shall be no more than 50 percent of the costs of establishing, and no more than 25 percent of the cost of operating the regional center.
(2)

Non-federal contributions.—
No grant may be made under this section in any fiscal year unless the recipient of such grant enters into such agreements with the Secretary as the Secretary may require to ensure that such recipient will provide the necessary non-Federal contributions. Such non-Federal contributions may be provided by utilities, State and local governments, nonprofit institutions, foundations, corporations, and other non-Federal entities.
(g)

Task Force.—
The Secretary shall establish a task force to—
(1)
advise the Secretary on activities to be carried out by grant recipients;
(2)
review and evaluate programs carried out by grant recipients; and
(3)
make recommendations regarding the building energy efficiency center grant program.
(h)

Membership Terms and Administration of Task Force.—
(1)

In general.—
The task force shall be composed of approximately 20 members, appointed by the Secretary, with expertise in the area of building energy efficiency, including representatives from—
(A)
State or local energy offices;
(B)
utilities;
(C)
building construction trade or professional associations;
(D)
architecture, engineering or professional associations;
(E)
building component or equipment manufacturers;
(F)
from1 national laboratories;
^1
So in original.
(G)
building code officials or professional associations; and
(H)
nonprofit energy or environmental organizations.
(2)

Geographic representation.—
The Secretary shall ensure that there is broad geographical representation among task force members.
(3)

Terms.—
Members shall be appointed for a term of 3 years. A vacancy in the task force shall be filled in the manner in which the original appointment was made.
(4)

Pay.—
Members shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
(5)

Chairperson.—
The Chairperson and Vice Chairperson of the task force shall be elected by the members.
(6)

Meetings.—
The task force shall meet biannually and at the call of the Chairperson.
(7)

Inapplicability of termination date.—
Section 1013 of title 5, United States Code, shall not apply to the task force.
(i)

Report.—
The Secretary shall transmit annually to the Congress a report on the activities of regional centers established under this section, including the degree to which matching funds are being leveraged from private sources to establish and operate such centers.
(j)

Authorization of Appropriations.—
There is authorized to be appropriated for purposes of carrying out this section, to remain available until expended, not more than $10,000,000 for each of fiscal years 1994, 1995, and 1996.
[42 U.S.C. 13458]
SEC. 104.

MANUFACTURED HOUSING ENERGY EFFICIENCY.
(a)

Amendments to Cranston-Gonzalez National Affordable Housing Act.—
Section 943(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625; 109 Stat. 4413) is amended—
(1)
in subparagraph (D), by striking “thermal insulation, energy efficiency”;
(2)
by redesignating subparagraphs (E), (F), (G), and (H) as subparagraphs (F), (G), (H), and (I), respectively; and
(3)
by inserting after subparagraph (D) the following new subparagraph:
“(E)
consult with the Secretary of Energy and make recommendations regarding additional or revised standards for thermal insulation and energy efficiency applicable to manufactured housing;”
.
(b)

Duties of the Secretary.—
The Secretary of Housing and Urban Development shall assess the energy performance of manufactured housing and make recommendations to the National Commission on Manufactured Housing established under section 943 of the Cranston-Gonzalez National Affordable Housing Act regarding any thermal insulation and energy efficiency improvements applicable to manufactured housing which are technologically feasible and economically justified. The Secretary shall also test the performance and determine the cost effectiveness of manufactured housing constructed in compliance with the standards established under such section.
(c)

Exception to Federal Preemption.—
If the Secretary of Housing and Urban Development has not issued, within 1 year after the date of the enactment of this Act, final regulations pursuant to section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403) that establish thermal insulation and energy efficiency standards for manufactured housing that take effect before January 1, 1995, then States may establish thermal insulation and energy efficiency standards for manufactured housing if such standards are at least as stringent as thermal performance standards for manufactured housing contained in the Second Public Review Draft of BSR/ASHRAE 90.2P entitled “Energy Efficient Design of Low-Rise Residential Buildings” and all public reviews of Independent Substantive Changes to such document that have been approved on or before the date of the enactment of this Act.
SEC. 105.

ENERGY EFFICIENT MORTGAGES.
(a)

Definition of Energy Efficient Mortgage.—
Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended by adding at the end the following new paragraph:
“(24)
The term ‘energy efficient mortgage’ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.”
.
(b)

Uniform Mortgage Financing Plan for Energy Efficiency.—
Section 946 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12712 note) is amended—
(1)
in subsection (a), by striking “mortgage financing incentives for energy efficiency” and inserting “energy efficient mortgages (as such term is defined in section 104 of this Act)”; and
(2)
in subsection (b)—
(A)
in the second sentence, by inserting “, but not be limited to,” after “include”; and
(B)
by inserting after the period at the end of the following new sentence: “The Task Force shall determine whether notifying potential home purchasers of the availability of energy efficient mortgages would promote energy efficiency in residential buildings, and if so, the Task Force shall recommend appropriate notification guidelines, and agencies and organizations referred to in the preceding sentence are authorized to implement such guidelines.”.
SEC. 106.

ENERGY EFFICIENT MORTGAGES PILOT PROGRAM.
(a)

Establishment of Pilot Program.—
(1)

In general.—
Not later than 6 months after the date of enactment of this Act, the Secretary of Housing and Urban Development (hereafter referred to as the “Secretary”) shall establish an energy efficient mortgage pilot program in 5 States, to promote the purchase of existing energy efficient residential buildings and the installation of cost-effective improvements in existing residential buildings.
(2)

Pilot program.—
The pilot program established under this subsection shall include the following criteria, where applicable:
(A)

Origination.—
The lender shall originate a housing loan that is insured under title II of the National Housing Act in accordance with the applicable requirements.
(B)

Approval.—
The mortgagor's base loan application shall be approved if the mortgagor's income and credit record is found to be satisfactory.
(C)

Costs of improvements.—
The cost of cost-effective energy efficiency improvements shall not exceed the greater of—
(i)
5 percent of the property value (not to exceed 5 percent of the limit established under section 203(b)(2)(A)) of the National Housing Act (12 U.S.C. 1709(b)(2)(A); or
(ii)
2 percent of the limit established under section 203(b)(2)(B) of such Act.
(D)

Limitation.—
In any fiscal year, the aggregate number of mortgages insured pursuant to this section may not exceed 5 percent of the aggregate number of mortgages for 1- to 4-family residences insured by the Secretary of Housing and Urban Development under title II of the National Housing Act (12 U.S.C. 1707 et seq.) during the preceding fiscal year.
(3)

Authority for mortgagees.—
In granting mortgages under the pilot program established pursuant to this subsection, the Secretary shall grant mortgagees the authority—
(A)
to permit the final loan amount to exceed the loan limits established under title II of the National Housing Act by an amount not to exceed 100 percent of the cost of the cost-effective energy efficiency improvements, if the mortgagor's request to add the cost of such improvements is received by the mortgagee prior to funding of the base loan;
(B)
to hold in escrow all funds provided to the mortgagor to undertake the energy efficiency improvements until the efficiency improvements are actually installed; and
(C)
to transfer or sell the energy efficient mortgage to the appropriate secondary market agency, after the mortgage is issued, but before the energy efficiency improvements are actually installed.
(4)

Promotion of pilot program.—
The Secretary shall encourage participation in the energy efficient mortgage pilot program by—
(A)
making available information to lending agencies and other appropriate authorities regarding the availability and benefits of energy efficient mortgages;
(B)
requiring mortgagees and designated lending authorities to provide written notice of the availability and benefits of the pilot program to mortgagors applying for financing in those States designated by the Secretary as participating under the pilot program; and
(C)
requiring each applicant for a mortgage insured under title II of the National Housing Act in those States participating under the pilot program to sign a statement that such applicant has been informed of the program requirements and understands the benefits of energy efficient mortgages.
(5)

Training program.—
Not later than 9 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish and implement a program for training personnel at relevant lending agencies, real estate companies, and other appropriate organizations regarding the benefits of energy efficient mortgages and the operation of the pilot program under this subsection.
(6)

Report.—
Not later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit a report to the Congress describing the effectiveness and implementation of the energy efficient mortgage pilot program as described under this subsection, and assessing the potential for expanding the pilot program nationwide.
(b)

Expansion of Program.—
Not later than the expiration of the 2-year period beginning on the date of the implementation of the energy efficient mortgage pilot program under this section, the Secretary of Housing and Urban Development shall expand the pilot program on a nationwide basis and shall expand the program to include new residential housing, unless the Secretary determines that either such expansion would not be practicable, in which case the Secretary shall submit to the Congress, before the expiration of such period, a report explaining why either expansion would not be practicable.
(c)

Definitions.—
For purposes of this section:
(1)
The term “base loan” means any mortgage loan for a residential building eligible for insurance under title II of the National Housing Act or title 38, United States Code, that does not include the cost of cost-effective energy improvements.
(2)
The term “cost-effective” means, with respect to energy efficiency improvements to a residential building, improvements that result in the total present value cost of the improvements (including any maintenance and repair expenses) being less than the total present value of the energy saved over the useful life of the improvement, when 100 percent of the cost of improvements is added to the base loan. For purposes of this paragraph, savings and cost-effectiveness shall be determined pursuant to a home energy rating report sufficient for purposes of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, or by other technically accurate methods.
(3)
The term “energy efficient mortgage” means a mortgage on a residential building that recognizes the energy savings of a home that has cost-effective energy saving construction or improvements (including solar water heaters, solar-assisted air conditioners and ventilators, super-insulation, and insulating glass and film) and that has the effect of not disqualifying a borrower who, but for the expenditures on energy saving construction or improvements, would otherwise have qualified for a base loan.
(4)
The term “residential building” means any attached or unattached single family residence.
(d)

Rule of Construction.—
This section may not be construed to affect any other programs of the Secretary of Housing and Urban Development for energy-efficient mortgages. The pilot program carried out under this section shall not replace or result in the termination of such other programs.
(e)

Regulations.—
The Secretary shall issue any regulations necessary to carry out this section not later than the expiration of the 180-day period beginning on the date of the enactment of this Act. The regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).
(f)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
[42 U.S.C. 12612 note]
Subtitle B—

Utilities
SEC. 111.

ENCOURAGEMENT OF INVESTMENTS IN CONSERVATION AND ENERGY EFFICIENCY BY ELECTRIC UTILITIES.
[Subsections (a) through (d) amended the Public Utility Regulatory Policies Act of 1978, found in the Electricity volume of this series of compilations.]
(e)

Report.—
Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit a report to the President and to the Congress containing—
(1)
a survey of all State laws, regulations, practices, and policies under which State regulatory authorities implement the provisions of paragraphs (7), (8), and (9) of section 111(d) of the Public Utility Regulatory Policies Act of 1978;
(2)
an evaluation by the Secretary of whether and to what extent, integrated resource planning is likely to result in—
(A)
higher or lower electricity costs to an electric utility's ultimate consumers or to classes or groups of such consumers;
(B)
enhanced or reduced reliability of electric service; and
(C)
increased or decreased dependence on particular energy resources; and
(3)
a survey of practices and policies under which electric cooperatives prepare integrated resource plans, submit such plans to the Rural Electrification Administration and the extent to which such integrated resource planning is reflected in rates charged to customers.
The report shall include an analysis prepared in conjunction with the Federal Trade Commission, of the competitive impact of implementation of energy conservation, energy efficiency, and other demand side management programs by utilities on small businesses engaged in the design, sale, supply, installation, or servicing of similar energy conservation, energy efficiency, or other demand side management measures and whether any unfair, deceptive, or predatory acts exist, or are likely to exist, from implementation of such programs.
[16 U.S.C. 2621 note]
SEC. 112.

ENERGY EFFICIENCY GRANTS TO STATE REGULATORY AUTHORITIES.
(a)

Energy Efficiency Grants.—
The Secretary is authorized in accordance with the provisions of this section to provide grants to State regulatory authorities in an amount not to exceed $250,000 per authority, for purposes of encouraging demand-side management including energy conservation, energy efficiency and load management techniques and for meeting the requirements of paragraphs (7), (8), and (9) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 and as a means of meeting gas supply needs and to meet the requirements of paragraphs (3) and (4) of section 303(b) of the Public Utility Regulatory Policies Act of 1978. Such grants may be utilized by a State regulatory authority to provide financial assistance to nonprofit subgrantees of the Department of Energy's Weatherization Assistance Program in order to facilitate participation by such subgrantees in proceedings of such regulatory authority to examine energy conservation, energy efficiency, or other demand-side management programs.
(b)

Plan.—
A State regulatory authority wishing to receive a grant under this section shall submit a plan to the Secretary that specifies the actions such authority proposes to take that would achieve the purposes of this section.
(c)

Secretarial Action.—
(1)
In determining whether, and in what amount, to provide a grant to a State regulatory authority under this section the Secretary shall consider, in addition to other appropriate factors, the actions proposed by the State regulatory authority to achieve the purposes of this section and to consider implementation of the ratemaking standards established in—
(A)
paragraphs (7), (8) and (9) of section 111(d) of the Public Utility Regulatory Policies Act of 1978; or
(B)
paragraphs (3) and (4) of section 303(b) of the Public Utility Regulatory Policies Act of 1978.
(2)
Such actions—
(A)
shall include procedures to facilitate the participation of grantees and nonprofit subgrantees of the Department of Energy's Weatherization Assistance Program in proceedings of such regulatory authorities examining demand-side management programs; and
(B)
shall provide for coverage of the cost of such grantee and subgrantees' participation in such proceedings.
(d)

Recordkeeping.—
Each State regulatory authority that receives a grant under this section shall keep such records as the Secretary shall require.
(e)

Definition.—
For purposes of this section, the term “State regulatory authority” shall have the same meaning as provided by section 3 of the Public Utility Regulatory Policies Act of 1978 in the case of electric utilities, and such term shall have the same meaning as provided by section 302 of the Public Utility Regulatory Policies Act of 1978 in the case of gas utilities, except that in the case of any State without a statewide ratemaking authority, such term shall mean the State energy office.
(f)

Authorization.—
There are authorized to be appropriated $5,000,000 for each of the fiscal years 1994, 1995 and 1996 to carry out the purposes of this section.
[42 U.S.C. 6807a]
SEC. 113.

TENNESSEE VALLEY AUTHORITY LEAST-COST PLANNING PROGRAM.
[Omitted]
SEC. 114.

AMENDMENT OF HOOVER POWER PLANT ACT.
[Omitted]
SEC. 115.

ENCOURAGEMENT OF INVESTMENTS IN CONSERVATION AND ENERGY EFFICIENCY BY GAS UTILITIES.
[Section 115 amended the Public Utility Regulatory Policies Act of 1978, found in the Electricity volume of this series of compilations.]
Subtitle C—

Appliance and Equipment Energy Efficiency Standards
SEC. 121.

ENERGY EFFICIENCY LABELING FOR WINDOWS AND WINDOW SYSTEMS.
(a)

In General.—
(1)
The Secretary shall, after consulting with the National Fenestration Rating Council, industry representatives, and other appropriate organizations, provide financial assistance to support a voluntary national window rating program that will develop energy ratings and labels for windows and window systems.
(2)
Such rating program shall include—
(A)
specifications for testing procedures and labels that will enable window buyers to make more informed purchasing decisions about the energy efficiency of windows and window systems; and
(B)
information (which may be disseminated through catalogs, trade publications, labels, or other mechanisms) that will allow window buyers to assess the energy consumption and potential cost savings of alternative window products.
(3)
Such rating program shall be developed by the National Fenestration Rating Council according to commonly accepted procedures for the development of national testing procedures and labeling programs.
(b)

Monitoring.—
The Secretary shall monitor and evaluate the efforts of the National Fenestration Rating Council and, not later than one year after the date of the enactment of this Act, make a determination as to whether the program developed by the Council is consistent with the objectives of subsection (a).
(c)

Alternative System.—
(1)
If the Secretary makes a determination under subsection (b) that a voluntary national window rating program consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for windows and window systems.
(2)
Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the “Commission”) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those windows and window systems for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of window or window system (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions.
(3)
For purposes of sections 323, 324, and 327 of such Act, each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection.
(4)
For purposes of section 327(a) of such Act, the term “this part” includes this subsection to the extent necessary to carry out this subsection.
[42 U.S.C. 6292 note]
SEC. 122.

ENERGY CONSERVATION REQUIREMENTS FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT.
[Section 122 amended the Energy Policy and Conservation Act.]
SEC. 123.

ENERGY CONSERVATION REQUIREMENTS FOR CERTAIN LAMPS AND PLUMBING PRODUCTS.
[Section 123 amended the Energy Policy and Conservation Act.]
SEC. 124.

HIGH-INTENSITY DISCHARGE LAMPS, DISTRIBUTION TRANSFORMERS, AND SMALL ELECTRIC MOTORS.
[Section 124(a) and (b) amended the Energy Policy and Conservation Act.]
(c)

Study of Utility Distribution Transformers.—
The Secretary shall evaluate the practicability, cost-effectiveness, and potential energy savings of replacing, or upgrading components of, existing utility distribution transformers during routine maintenance and, not later than 18 months after the date of the enactment of this Act, report the findings of such evaluation to the Congress with recommendations on how such energy savings, if any, could be achieved.
[42 U.S.C. 6317]
SEC. 125.

ENERGY EFFICIENCY INFORMATION FOR COMMERCIAL OFFICE EQUIPMENT.
(a)

In General.—
(1)
The Secretary shall, after consulting with the Computer and Business Equipment Manufacturers Association and other interested organizations, provide financial and technical assistance to support a voluntary national testing and information program for those types of commercial office equipment that are widely used and for which there is a potential for significant energy savings as a result of such program.
(2)
Such program shall—
(A)
consistent with the objectives of paragraph (1), determine the commercial office equipment to be covered under such program;
(B)
include specifications for testing procedures that will enable purchasers of such commercial office equipment to make more informed decisions about the energy efficiency and costs of alternative products; and
(C)
include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.
(3)
Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedure and labeling programs.
(b)

Monitoring.—
The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act, shall make a determination as to whether such program is consistent with the objectives of subsection (a).
(c)

Alternative System.—
(1)
If the Secretary makes a determination under subsection (b) that a voluntary national testing and information program for commercial office equipment consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such commercial office equipment.
(2)
Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the “Commission”) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for commercial office equipment for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of commercial office equipment (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions.
(3)
For purposes of sections 323, 324, and 327 of such Act, each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection.
(4)
For purposes of section 327(a) of such Act, the term “this part” includes this subsection to the extent necessary to carry out this subsection.
[42 U.S.C. 6292 note]
SEC. 126.

ENERGY EFFICIENCY INFORMATION FOR LUMINAIRES.
(a)

In General.—
(1)
The Secretary shall, after consulting with the National Electric Manufacturers Association, the American Lighting Association, and other interested organizations, provide financial and technical assistance to support a voluntary national testing and information program for those types of luminaires that are widely used and for which there is a potential for significant energy savings as a result of such program.
(2)
Such program shall—
(A)
consistent with the objectives of paragraph (1), determine the luminaires to be covered under such program;
(B)
include specifications for testing procedures that will enable purchasers of such luminaires to make more informed decisions about the energy efficiency and costs of alternative products; and
(C)
include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.
(3)
Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedures and labeling programs.
(b)

Monitoring.—
The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act, shall make a determination as to whether the program developed is consistent with the objectives of subsection (a).
(c)

Alternative System.—
(1)
If the Secretary makes a determination under subsection (b) that a voluntary national testing and information program for luminaires consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such luminaires.
(2)
Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the “Commission”) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those luminaires for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of luminaire (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions.
(3)
For purposes of sections 323, 324, and 327 of such Act, each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection.
(4)
For purposes of section 327(a) of such Act, the term “this part” includes this subsection to the extent necessary to carry out this subsection.
SEC. 127.

REPORT ON THE POTENTIAL OF COOPERATIVE ADVANCED APPLIANCE DEVELOPMENT.
(a)

In General.—
Not later than 18 months after the date of the enactment of this Act, the Secretary shall, in consultation with the Administrator of the Environmental Protection Agency, utilities, and appliance manufacturers, prepare and submit to the Congress, a report on the potential for the development and commercialization of appliances which are substantially more efficient than required by Federal or State law.
(b)

Identification of High-Efficiency Appliances.—
The report submitted under subsection (a) shall identify candidate high-efficiency appliances which meet the following criteria:
(1)
The potential exists for substantial improvement in the appliance's energy efficiency, beyond the minimum established in Federal and State law.
(2)
There is the potential for significant energy savings at the national or regional level.
(3)
Such appliances are likely to be cost-effective for consumers.
(4)
Electric, water, or gas utilities are prepared to support and promote the commercialization of such appliances.
(5)
Manufacturers are unlikely to undertake development and commercialization of such appliances on their own, or development and production would be substantially accelerated by support to manufacturers.
(c)

Recommendations and Proposals.—
The report submitted under subsection (a) shall also—
(1)
describe the general actions the Secretary or the Administrator of the Environmental Protection Agency could take to coordinate and assist utilities and appliance manufacturers in developing and commercializing highly efficient appliances;
(2)
describe specific proposals for Department of Energy or Environmental Protection Agency assistance to utilities and appliance manufacturers to promote the development and commercialization of highly efficient appliances;
(3)
identify methods by which Federal purchase of highly efficient appliances could assist in the development and commercialization of such appliances; and
(4)
identify the funding levels needed to develop and implement a Federal program to assist in the development and commercialization of highly efficient appliances.
[42 U.S.C. 6292 note]
SEC. 128.

EVALUATION OF UTILITY EARLY REPLACEMENT PROGRAMS FOR APPLIANCES.
Within 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, utilities, and appliance manufacturers, shall evaluate and report to the Congress on the energy savings and environmental benefits of programs which are directed to the early replacement of older, less efficient appliances presently in use by consumers with existing products which are more efficient than required by Federal law. For the purposes of this section, the term “appliance” means those consumer products specified in section 322(a).
[42 U.S.C. 6292 note]
Subtitle D—

Industrial
SEC. 131.

ENERGY EFFICIENCY IN INDUSTRIAL FACILITIES.
(a)

Grant Program.—
(1)

In general.—
The Secretary shall make grants to industry associations to support programs to improve energy efficiency in industry. In order to be eligible for a grant under this subsection, an industry association shall establish a voluntary energy efficiency improvement target program.
(2)

Awarding of grants.—
The Secretary shall request project proposals and provide annual grants on a competitive basis. In evaluating grant proposals under this subsection, the Secretary shall consider—
(A)
potential energy savings;
(B)
potential environmental benefits;
(C)
the degree of cost sharing;
(D)
the degree to which new and innovative technologies will be encouraged;
(E)
the level of industry involvement;
(F)
estimated project cost-effectiveness; and
(G)
the degree to which progress toward the energy improvement targets can be monitored.
(3)

Eligible projects.—
Projects eligible for grants under this subsection may include the following:
(A)
Workshops.
(B)
Training seminars.
(C)
Handbooks.
(D)
Newsletters.
(E)
Data bases.
(F)
Other activities approved by the Secretary.
(4)

Limitation on cost sharing.—
Grants provided under this subsection shall not exceed $250,000 and each grant shall not exceed 75 percent of the total cost of the project for which the grant is made.
(5)

Authorization.—
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
(b)

Award Program.—
The Secretary shall establish an annual award program to recognize those industry associations or individual industrial companies that have significantly improved their energy efficiency.
(c)

Report on Industrial Reporting and Voluntary Targets.—
Not later than one year after the date of the enactment of this Act, the Secretary shall, in consultation with affected industries, evaluate and report to the Congress regarding the establishment of Federally mandated energy efficiency reporting requirements and voluntary energy efficiency improvement targets for energy intensive industries. Such report shall include an evaluation of the costs and benefits of such reporting requirements and voluntary energy efficiency improvement targets, and recommendations regarding the role of such activities in improving energy efficiency in energy intensive industries.
[42 U.S.C. 6348]
SEC. 132.

PROCESS-ORIENTED INDUSTRIAL ENERGY EFFICIENCY.
(a)

Definitions.—
For the purposes of this section—
(1)
the term “covered industry” means the food and food products industry, lumber and wood products industry, petroleum and coal products industry, and all other manufacturing industries specified in Standard Industrial Classification Codes 20 through 39 (or successor classification codes);
(2)
the term “process-oriented industrial assessment” means—
(A)
the identification of opportunities in the production process (from the introduction of materials to final packaging of the product for shipping) for—
(i)
improving energy efficiency;
(ii)
reducing environmental impact; and
(iii)
designing technological improvements to increase competitiveness and achieve cost-effective product quality enhancement;
(B)
the identification of opportunities for improving the energy efficiency of lighting, heating, ventilation, air conditioning, and the associated building envelope; and
(C)
the identification of cost-effective opportunities for using renewable energy technology in the production process and in the systems described in subparagraph (B); and
(3)
the term “utility” means any person, State agency (including any municipality), or Federal agency, which sells electric or gas energy to retail customers.
(b)

Grant Program.—
(1)

Use of funds.—
The Secretary shall, to the extent funds are made available for such purpose, make grants to States which, consistent with State law, shall be used for the following purposes:
(A)
To promote, through appropriate institutions such as universities, nonprofit organizations, State and local government entities, technical centers, utilities, and trade organizations, the use of energy-efficient technologies in covered industries.
(B)
To establish programs to train individuals (on an industry-by-industry basis) in conducting process-oriented industrial assessments and to encourage the use of such trained assessors.
(C)
To assist utilities in developing, testing, and evaluating energy efficiency programs and technologies for industrial customers in covered industries.
(2)

Consultation.—
States receiving grants under this subsection shall consult with utilities and representatives of affected industries, as appropriate, in determining the most effective use of such funds consistent with the requirements of paragraph (1).
(3)

Eligibility criteria.—
Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish eligibility criteria for grants made pursuant to this subsection. Such criteria shall require a State applying for a grant to demonstrate that such State—
(A)
pursuant to section 111(a) of the Public Utility and Regulatory Policies Act of 1978 (16 U.S.C. 2621(a)), has considered and made a determination regarding the implementation of the standards specified in paragraphs (7) and (8) of section 111(d) of such Act (with respect to integrated resources planning and investments in conservation and demand management); and
(B)
by legislation or regulation—
(i)
allows utilities to recover the costs prudently incurred in providing process-oriented industrial assessments; and
(ii)
encourages utilities to provide to covered industries—
(I)
process-oriented industrial assessments; and
(II)
financial incentives for implementing energy efficiency improvements.
(4)

Allocation of funds.—
Grants made pursuant to this subsection shall be allocated each fiscal year among States meeting the criteria specified in paragraph (3) who have submitted applications 60 days before the first day of such fiscal year. Such allocation shall be made in accordance with a formula to be prescribed by the Secretary based on each State's share of value added in industry (as determined by the Census of Manufacturers) as a percentage of the value added by all such States.
(5)

Renewal of grants.—
A grant under this subsection may continue to be renewed after 2 consecutive fiscal years during which a State receives a grant under this subsection, subject to the availability of funds, if—
(A)
the Secretary determines that the funds made available to the State during the previous 2 years were used in a manner required under paragraph (1); and
(B)
such State demonstrates, in a manner prescribed by the Secretary, utility participation in programs established pursuant to this subsection.
(6)

Coordination with other federal programs.—
In carrying out the functions described in paragraph (1), States shall, to the extent practicable, coordinate such functions with activities and programs conducted by the Energy Analysis and Diagnostic Centers of the Department of Energy and the Manufacturing Technology Centers of the National Institute of Standards and Technology.
(c)

Other Federal Assistance.—
(1)

Assessment criteria.—
Not later than 2 years after the date of the enactment of this Act, the Secretary shall, by contract with nonprofit organizations with expertise in process-oriented industrial energy efficiency technologies, establish and, as appropriate, update criteria for conducting process-oriented industrial assessments on an industry-by-industry basis. Such criteria shall be made available to State and local government, public utility commissions, utilities, representatives of affected process-oriented industries, and other interested parties.
(2)

Directory.—
The Secretary shall establish a nationwide directory of organizations offering industrial energy efficiency assessments, technologies, and services consistent with the purposes of this section. Such directory shall be made available to State governments, public utility commissions, utilities, industry representatives, and other interested parties.
(3)

Award program.—
The Secretary shall establish an annual award program to recognize utilities operating outstanding or innovative industrial energy efficiency technology assistance programs.
(4)

Meetings.—
In order to further the purposes of this section, the Secretary shall convene annual meetings of parties interested in process-oriented industrial assessments, including representatives of State government, public utility commissions, utilities, and affected process-oriented industries.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
[42 U.S.C. 6349]
SEC. 133.

INDUSTRIAL INSULATION AND AUDIT GUIDELINES.
(a)

Voluntary Guidelines for Energy Efficiency Auditing and Insulating.—
Not later than 18 months after the date of the enactment of this Act, the Secretary, after consultation with utilities, major industrial energy consumers, and representatives of the insulation industry, shall establish voluntary guidelines for—
(1)
the conduct of energy efficiency audits of industrial facilities to identify cost-effective opportunities to increase energy efficiency; and
(2)
the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities.
(b)

Educational and Technical Assistance.—
The Secretary shall conduct a program of educational and technical assistance to promote the use of the voluntary guidelines established under subsection (a).
[42 U.S.C. 6350]
Subtitle E—

State and Local Assistance
SEC. 141.

AMENDMENTS TO STATE ENERGY CONSERVATION PROGRAM.
[Section 141(a), (b), and (c) amended the Energy Policy and Conservation Act.]
(d)

Study Regarding Impact of Permitting Right and Left Turns on Red Lights.—
(1)

In General.—
The Administrator of the National Highway Traffic Safety Administration, in consultation with State agencies with jurisdiction over traffic safety issues, shall conduct a study on the safety impact of the requirement specified in section 362(c)(5) of the Energy Policy and Conservation Act (42 U.S.C. 6322(c)(5)), particularly with respect to the impact on pedestrian safety.
(2)

Report.—
The Administrator shall report the findings of the study conducted under paragraph (1) to the Congress and the Secretary not later than 2 years after the date of the enactment of this Act.
[42 U.S.C. 6322 note]
SEC. 142.

AMENDMENTS TO LOW-INCOME WEATHERIZATION PROGRAM.
[Section 142 amended the Energy Conservation and Production Act.]
SEC. 143.

ENERGY EXTENSION SERVICE PROGRAM.
(a)

Repeal.—
The National Energy Extension Service Act, title V of Public Law 95–39, is repealed.
(b)

Conforming Amendment.—
Section 103 of the Energy Reorganization Act of 1974 (42 U.S.C. 5813(7)) is amended—
(1)
by striking paragraph (7); and
(2)
by redesignating paragraphs (8), (9), (10), (11), and (12) as paragraphs (7), (8), (9), (10), and (11), respectively.
Subtitle F—

Federal Agency Energy Management
SEC. 151.

DEFINITIONS.
For purposes of this subtitle—
(1)
the term “agency” means has the meaning2 given such term in section 551(1) of title 5, United States Code, except that such term does not include the United States Postal Service;
^2
So in original.
(2)
the term “facility energy supervisor” means the employee with responsibility for the daily operations of a Federal facility, including the management, installation, operation, and maintenance of energy systems in Federal facilities which may include more than one building;
(3)
the term “trained energy manager” means a person who has demonstrated proficiency, or who has completed a course of study in the areas of fundamentals of building energy systems, building energy codes and applicable professional standards, energy accounting and analysis, life-cycle cost methodology, fuel supply and pricing, and instrumentation for energy surveys and audits;
(4)
the term “Task Force” means the Interagency Energy Management Task Force established under section 547 of the National Energy Conservation Policy Act (42 U.S.C. 8257); and
(5)
the term “energy conservation measures” has the meaning given such term in section 551(4) of the National Energy Conservation Policy Act.
[42 U.S.C. 8262]
SEC. 152.

FEDERAL ENERGY MANAGEMENT AMENDMENTS.
[Section 152 amended the National Energy Conservation Policy Act and the Federal Energy Management Improvement Act of 1988.]
SEC. 153.

GENERAL SERVICES ADMINISTRATION FEDERAL BUILDINGS FUND.
Section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)), is amended—
(1)
in paragraph (1), by inserting “(to be known as the Federal Buildings Fund)” after “a fund”; and
(2)
by adding at the end the following new paragraphs:
“(7)
(A)
The Administrator is authorized to receive amounts from rebates or other cash incentives related to energy savings and shall deposit such amounts in the Federal Buildings Fund for use as provided in subparagraph (D).
“(B)
The Administrator may accept, from a utility, goods or services which enhance the energy efficiency of Federal facilities.
“(C)
In the administration of any real property for which the Administrator leases and pays utility costs, the Administrator may assign all or a portion of energy rebates to the lessor to underwrite the costs incurred in undertaking energy efficiency improvements in such real property if the payback period for such improvement is at least 2 years less than the remainder of the term of the lease.
“(D)
The Administrator may, in addition to amounts appropriated for such purposes and without regard to paragraph (2), obligate for energy management improvement programs—
“(i)
amounts received and deposited in the Federal Buildings Fund under subparagraph (A);
“(ii)
goods and services received under subparagraph (B); and
“(iii)
amounts the Administrator determines are not needed for other authorized projects and are otherwise available to implement energy efficiency programs.
“(8)
(A)
The Administrator is authorized to receive amounts from the sale of recycled materials and shall deposit such amounts in the Federal Buildings Fund for use as provided in subparagraph (B).
“(B)
The Administrator may, in addition to amounts appropriated for such purposes and without regard to paragraph (2), obligate amounts received and deposited in the Federal Buildings Fund under subparagraph (A) for programs which—
“(i)
promote further source reduction and recycling programs; and
“(ii)
encourage employees to participate in recycling programs by providing funding for child care.”
.
SEC. 154.

REPORT BY GENERAL SERVICES ADMINISTRATION.
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of General Services shall report to the Committee on Governmental Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives on the activities of the General Services Administration conducted pursuant to this subtitle.
[42 U.S.C. 8262a]
SEC. 155.

ENERGY SAVINGS PERFORMANCE CONTRACTS.
[Section 155 amended the National Energy Conservation Policy Act.]
SEC. 156.

INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND COORDINATION.
(a)

Conference Workshops.—
The Administrator of General Services, in consultation with the Secretary and the Task Force, shall hold regular, biennial conference workshops in each of the 10 standard Federal regions on energy management, conservation, efficiency, and planning strategy. The Administrator shall work and consult with the Department of Energy and other Federal agencies to plan for particular regional conferences. The Administrator shall invite Department of Energy, State, local, tribal, and county public officials who have responsibilities for energy management or may have an interest in such conferences and shall seek the input of, and be responsive to, the views of such officials in the planning and organization of such workshops.
(b)

Focus of Workshops.—
Such workshops and conferences shall focus on the following (but may include other topics):
(1)
Developing strategies among Federal, State, tribal, and local governments to coordinate energy management policies and to maximize available intergovernmental energy management resources within the region regarding the use of governmental facilities and buildings.
(2)
The design, construction, maintenance, and retrofitting of governmental facilities to incorporate energy efficient techniques.
(3)
Procurement and use of energy efficient products.
(4)
Dissemination of energy information on innovative programs, technologies, and methods which have proven successful in government.
(5)
Technical assistance to design and incorporate effective energy management strategies.
(c)

Establishment of Workshop Timetable.—
As a part of the first report to be submitted pursuant to section 154, the Administrator shall set forth the schedule for the regional energy management workshops to be conducted under this section. Not less than five such workshops shall be held by September 30, 1993, and at least one such workshop shall be held in each of the 10 Federal regions every two years beginning on September 30, 1993.
[42 U.S.C. 8262b]
SEC. 157.

FEDERAL AGENCY ENERGY MANAGEMENT TRAINING.
(a)

Energy Management Training.—
(1)
Each executive department described under section 101 of title 5, United States Code, the Environmental Protection Agency, the National Aeronautics and Space Administration, the General Services Administration, and the United States Postal Service shall establish and maintain a program to ensure that facility energy managers are trained energy managers. Such programs shall be managed—
(A)
by the department or agency representative on the Task Force; or
(B)
if a department or agency is not represented on the Task Force, by the designee of the head of such department or agency.
(2)
Departments and agencies described in paragraph (1) shall encourage appropriate employees to participate in energy manager training courses. Employees may enroll in courses of study in the areas described in section 151(3) including, but not limited to, courses offered by—
(A)
private or public educational institutions;
(B)
Federal agencies; or
(C)
professional associations.
(b)

Report to Task Force.—
(1)
Each department and agency described in subsection (a)(1) shall, not later than 60 days following the date of the enactment of this Act, report to the Task Force the following information:
(A)
Those individuals employed by such department or agency on the date of the enactment of this Act who qualify as trained energy managers.
(B)
The General Schedule (GS) or grade level at which each of the individuals described in subparagraph (A) is employed.
(C)
The facility or facilities for which such individuals are responsible or otherwise stationed.
(2)
The Secretary shall provide a summary of the reports described in paragraph (1) to the Congress as part of the first report submitted under section 548 of the National Energy Conservation Policy Act (42 U.S.C. 8258) after the date of the enactment of this Act.
(c)

Requirements at Federal Facilities.—
(1)
Not later than one year after the date of the enactment of this Act, the departments and agencies described under subsection (a)(1) shall upgrade their energy management capabilities by—
(A)
designating facility energy supervisors;
(B)
encouraging facility energy supervisors to become trained energy managers; and
(C)
increasing the overall number of trained energy managers within such department or agency to a sufficient level to ensure effective implementation of this Act.
(2)
Departments and agencies described in subsection (a)(1) may hire trained energy managers to be facility energy supervisors. Trained energy managers, including those who are facility supervisors as well as other trained personnel, shall focus their efforts on improving energy efficiency in the following facilities—
(A)
department or agency facilities identified as most costly to operate or most energy inefficient; or
(B)
other facilities identified by the department or agency head as having significant energy savings potential.
(d)

Annual Report to Secretary and Congress.—
Each department and agency listed in subsection (a)(1) shall report to the Secretary on the status and implementation of the requirements of this section. The Secretary shall include a summary of each such report in the annual report to Congress as required under section 548(b) of the National Energy Conservation Policy Act (42 U.S.C. 8258).
[42 U.S.C. 8262c]
SEC. 158.

ENERGY AUDIT TEAMS.
(a)

Establishment.—
The Secretary shall assemble from existing personnel with appropriate expertise, and with particular utilization of the national laboratories, and make available to all Federal agencies, one or more energy audit teams which shall be equipped with instruments and other advanced equipment needed to perform energy audits of Federal facilities.
(b)

Monitoring Programs.—
The Secretary shall also assist in establishing, at each site that has utilized an energy audit team, a program for monitoring the implementation of energy efficiency improvements based upon energy audit team recommendations, and for recording the operating history of such improvements.
[42 U.S.C. 8262d]
SEC. 159.

FEDERAL ENERGY COST ACCOUNTING AND MANAGEMENT.
(a)

Guidelines.—
Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in cooperation with the Secretary, the Administrator of General Services, and the Secretary of Defense, shall establish guidelines to be employed by each Federal agency to assess accurate energy consumption for all buildings or facilities which the agency owns, operates, manages or leases, where the Government pays utilities separate from the lease and the Government operates the leased space. Such guidelines are to be used in reports required under section 548 of the National Energy Conservation Policy Act (42 U.S.C. 8258). Each agency shall implement such guidelines no later than 120 days after their establishment. Each facility energy manager shall maintain energy consumption and energy cost records for review by the Inspector General, the Congress, and the general public.
(b)

Contents of Guidelines.—
Such guidelines shall include the establishment of a monitoring system to determine—
(1)
which facilities are the most costly to operate when measured on an energy consumption per square foot basis or other relevant analytical basis;
(2)
unusual or abnormal changes in energy consumption; and
(3)
the accuracy of utility charges for electric and gas consumption.
(c)

Federally Leased Space Energy Reporting Requirement.—
The Administrator of General Services shall include, in each report submitted under section 154, the estimated energy cost of leased buildings or space in which the Federal Government does not directly pay the utility bills.
[42 U.S.C. 8262e]
SEC. 160.

INSPECTOR GENERAL REVIEW AND AGENCY ACCOUNTABILITY.
(a)

Audit Survey.—
Not later than 120 days after the date of the enactment of this Act, each Inspector General created to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in section 401(1) of title 5, United States Code, and the Chief Postal Inspector of the United States Postal Service, in accordance with section 415(f) of title 5, United States Code, shall—
(1)
identify agency compliance activities to meet the requirements of section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) and any other matters relevant to implementing the goals of such Act; and
(2)
determine if the agency has the internal accounting mechanisms necessary to assess the accuracy and reliability of energy consumption and energy cost figures required under such section.
(b)

Presidents Council on Integrity and Efficiency Report to Congress.—
Not later than 150 days after the date of the enactment of this Act, the President's Council on Integrity and Efficiency shall submit a report to the Committee on Energy and Natural Resources and the Committee on Governmental Affairs of the Senate, the Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives, on the review conducted by the Inspector General of each agency under this section.
(c)

Inspector General Review.—
Each Inspector General established under section 402 of title 5, United States Code, is encouraged to conduct periodic reviews of agency compliance with part 3 of title V of the National Energy Conservation Policy Act, the provisions of this subtitle, and other laws relating to energy consumption. Such reviews shall not be inconsistent with the performance of the required duties of the Inspector General's office.
[42 U.S.C. 8262f]
SEC. 161.

PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT PRODUCTS.
(a)

Procurement.—
The Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, each shall undertake a program to include energy efficient products in carrying out their procurement and supply functions.
(b)

Identification Program.—
The Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, in consultation with the Secretary of Energy, each shall implement, in conjunction with carrying out their procurement and supply functions, a program to identify and designate those energy efficient products that offer significant potential savings, using, to the extent practicable, the life cycle cost methods and procedures developed under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254). The Secretary of Energy shall, to the extent necessary to carry out this section and after consultation with the aforementioned agency heads, provide estimates of the degree of relative energy efficiency of products.
(c)

Guidelines.—
The Administrator for Federal Procurement Policy, in consultation with the Administrator of General Services, the Secretary of Energy, the Secretary of Defense, and the Director of the Defense Logistics Agency, shall issue guidelines to encourage the acquisition and use by all Federal agencies of products identified pursuant to this section. The Secretary of Defense and the Director of the Defense Logistics Agency shall consider, and place emphasis on, the acquisition of such products as part of the Agency's ongoing review of military specifications.
(d)

Report to Congress.—
Not later than December 31 of 1993 and of each year thereafter, the Secretary of Energy, in consultation with the Administrator for Federal Procurement Policy, the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, shall report on the progress, status, activities, and results of the programs under subsections (a), (b), and (c). The report shall include—
(1)
the types and functions of each product identified under subsection (b), and efforts undertaken by the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency to encourage the acquisition and use of such products;
(2)
the actions taken by the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency to identify products under subsection (b), the barriers which inhibit implementation of identification of such products, and recommendations for legislative action, if necessary;
(3)
progress on the development and issuance of guidelines under subsection (c);
(4)
an indication of whether energy cost savings technologies identified by the Advanced Building Technology Council, under section 809(h) of the National Housing Act (12 U.S.C. 1701j–2), have been used in the identification of products under subsection (b);
(5)
an estimate of the potential cost savings to the Federal Government from acquiring products identified under subsection (b) with respect to which energy is a significant component of life cycle cost, based on the quantities of such products that could be utilized throughout the Government; and
(6)
the actual quantities acquired of products described in paragraph (5).
[42 U.S.C. 8262g]
SEC. 162.

FEDERAL ENERGY EFFICIENCY FUNDING STUDY.
(a)

Study.—
The Secretary shall, in consultation with the Secretary of the Treasury, the Director of the Office of Management and Budget, the Administrator of General Services, and such other individuals and organizations as the Secretary deems appropriate, conduct a detailed study of options for the financing of energy and water conservation measures required under part 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) and all applicable Executive orders. Such study shall, taking into account the unique characteristics of Federal agencies, consider and analyze—
(1)
the Federal financial investment necessary to comply with such requirements;
(2)
the use of revolving funds and other funding mechanisms which offer stable, long-term financing of energy and water conservation measures; and
(3)
the means for capitalizing such funds.
(b)

Report to Congress.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report containing the results of the study required under subsection (a).
SEC. 163.

UNITED STATES POSTAL SERVICE ENERGY REGULATIONS.
(a)

In General.—
The Postmaster General shall issue regulations to ensure the reliable and accurate accounting of energy consumption costs for all buildings or facilities which it owns, leases, operates, or manages. Such regulations shall—
(1)
establish a monitoring system to determine which facilities are the most costly to operate on an energy consumption per square foot basis or other relevant analytical basis;
(2)
identify unusual or abnormal changes in energy consumption; and
(3)
check the accuracy of utility charges for electricity and gas consumption.
(b)

Identification of Energy Efficiency Products.—
The Postmaster General shall actively undertake a program to identify and procure energy efficiency products for use in its facilities. In carrying out this subsection, the Postmaster General shall, to the maximum extent practicable, incorporate energy efficient information available on Federal Supply Schedules maintained by the General Services Administration and the Defense Logistics Agency.
[42 U.S.C. 8262h]
SEC. 164.

UNITED STATES POSTAL SERVICE BUILDING ENERGY SURVEY AND REPORT.
(a)

In General.—
The Postmaster General shall conduct an energy survey, as defined in section 551(5) of the National Energy Conservation Policy Act, for the purposes of—
(1)
determining the maximum potential cost effective energy savings that may be achieved in a representative sample of buildings owned or leased by the United States Postal Service in different areas of the country;
(2)
making recommendations for cost effective energy efficiency and renewable energy improvements in those buildings and in other similar United States Postal Service buildings; and
(3)
identifying barriers which may prevent the United States Postal Service from complying with energy management goals, including Executive Orders No. 12003 and 12579.
(b)

Implementation.—
(1)
The Postmaster General shall transmit to the Committee on Governmental Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce and the Committee on Post Office and Civil Service of the House of Representatives, within 180 days after the date of the enactment of this Act, a plan for implementing this section.
(2)
The Postmaster General shall designate buildings to be surveyed in the project so as to obtain a sample of United States Postal Service facilities of the types and in the climates that consume the major portion of the energy consumed by the United States Postal Service.
(3)
For the purposes of this section, an improvement shall be considered cost effective if the cost of the energy saved or displaced by the improvement exceeds the cost of the improvement over the remaining life of the facility or the remaining term of a lease of a building leased by the United States Postal Service.
(c)

Report.—
As soon as practicable after the completion of the project carried out under this section, the Postmaster General shall transmit a report of the findings and conclusions of the survey to the Committee on Governmental Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce and the Committee on Post Office and Civil Service of the House of Representatives.
[42 U.S.C. 8262h note]
SEC. 165.

UNITED STATES POSTAL SERVICE ENERGY MANAGEMENT REPORT.
Not later than one year after the date of the enactment of this Act, and not later than January 1 of each year thereafter, the Postmaster General shall submit a report to the Committee on Governmental Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on Post Office and Civil Service of the House of Representatives on the United States Postal Service's building management program as it relates to energy efficiency. The report shall include, but not be limited to—
(1)
a description of actions taken to reduce energy consumption;
(2)
future plans to reduce energy consumption;
(3)
an assessment of the success of the energy conservation program;
(4)
a statement of energy costs incurred in operating and maintaining all United States Postal Service facilities; and
(5)
the status of the energy efficient procurement program established under section 163.
[42 U.S.C. 8262i]
SEC. 166.

ENERGY MANAGEMENT REQUIREMENTS FOR THE UNITED STATES POSTAL SERVICE.
(a)

Energy Management Requirements for Postal Facilities.—
(1)
The Postmaster General shall, to the maximum extent practicable, ensure that each United States Postal Service facility meets the energy management requirements for Federal buildings and agencies specified in section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253).
(2)
The Postmaster General may exclude from the requirements of such section any facility or collection of facilities, and the associated energy consumption and gross square footage if the Postmaster General finds that compliance with the requirements of such section would be impracticable. A finding of impracticability shall be based on the energy intensiveness of activities carried out in such facility or collection of facilities, the type and amount of energy consumed, or the technical feasibility of making the desired changes. The Postmaster General shall identify and list in the report required under section 165 the facilities designated by it for such exclusion.
(b)

Implementation Steps.—
In carrying subsection (a), the Postmaster General shall—
(1)
not later than 1 year after the date of the enactment of this Act, prepare or update, as appropriate, a plan (which may be submitted as part of the first report submitted under section 165)—
(A)
describing how this section will be implemented;
(B)
designating personnel primarily responsible for achieving the requirements of this section; and
(C)
identifying high priority projects;
(2)
perform energy surveys of United States Postal Service facilities as necessary to achieve the requirements of this section;
(3)
install those energy conservation measures that will attain the requirements of this section in a cost-effective manner as defined in section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254); and
(4)
ensure that the operation and maintenance procedures applied under this section are continued.
[42 U.S.C. 8262j]
SEC. 167.

GOVERNMENT CONTRACT INCENTIVES.
(a)

Establishment of Criteria.—
Each agency, in consultation with the Federal Acquisition Regulatory Council, shall establish criteria for the improvement of energy efficiency in Federal facilities operated by Federal Government contractors or subcontractors.
(b)

Purpose of Criteria.—
The criteria established under subsection (a) shall be used to encourage Federal contractors, and their subcontractors, which manage and operate federally-owned facilities, to adopt and utilize energy conservation measures designed to reduce energy costs in Government-owned and contractor-operated facilities and which are ultimately borne by the Federal Government.
[42 U.S.C. 8262k]
SEC. 168.

ENERGY MANAGEMENT REQUIREMENTS FOR CONGRESSIONAL BUILDINGS.
(a)

In General.—
The Architect of the Capitol (hereafter in this section referred to as the “Architect”) shall undertake a program of analysis and, as necessary, retrofit of the Capitol Building, the Senate Office Buildings, the House Office Buildings, and the Capitol Grounds, in accordance with subsection (b).
(b)

Program.—
(1)

Lighting.—
(A)

Implementation.—
(i)

In general.—
Not later than 18 months after the date of the enactment of this Act and subject to the availability of funds to carry out this section, the Architect shall begin implementing a program to replace in each building described in subsection (a) all inefficient office and general use area fluorescent lighting systems with systems that incorporate the best available design and technology and that have payback periods of 10 years or less, as determined by using methods and procedures established under section 544(a) of the National Energy and Conservation Policy Act (42 U.S.C. 8254(a)).
(ii)

Replacement of incandescent lighting.—
Whenever practicable in office and general use areas, the Architect shall replace incandescent lighting with efficient fluorescent lighting.
(B)

Completion.—
Subject to the availability of funds to carry out this section, the program described in subparagraph (A) shall be completed not later than 5 years after the date of the enactment of this Act.
(2)

Evaluation and report.—
(A)

In general.—
Not later than 6 months after the date of the enactment of this Act, the Architect shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report evaluating potential energy conservation measures for each building described in subsection (a) in the areas of heating, ventilation, air conditioning equipment, insulation, windows, domestic hot water, food service equipment, and automatic control equipment.
(B)

Costs.—
The report submitted under subparagraph (A) shall detail the projected installation cost, energy and cost savings, and payback period of each energy conservation measure, as determined by using methods and procedures established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)).
(3)

Review and approval of energy conservation measures.—
The Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate shall review the energy conservation measures identified in accordance with paragraph (2) and shall approve any such measure before it may be implemented.
(4)

Utility incentive programs.—
In carrying out this section, the Architect is authorized and encouraged to—
(A)
accept any rebate or other financial incentive offered through a program for energy conservation or demand management of electricity, water, or gas that—
(i)
is conducted by an electric, natural gas, or water utility;
(ii)
is generally available to customers of the utility; and
(iii)
provides for the adoption of energy efficiency technologies or practices that the Architect determines are cost-effective for the buildings described in subsection (a); and
(B)
enter into negotiations with electric and natural gas utilities to design a special demand management and conservation incentive program to address the unique needs of the buildings described in subsection (a).
(5)

Use of savings.—
The Architect shall use an amount equal to the rebate or other savings from the financial incentive programs under paragraph (4)(A), without additional authorization or appropriation, for the implementation of additional energy and water conservation measures in the buildings under the jurisdiction of the Architect.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section.
[40 U.S.C. 166 note]
Subtitle G—

Miscellaneous
SEC. 171.

ENERGY INFORMATION.
[Section 171 amended the Department of Energy Organization Act.]
SEC. 172.

DISTRICT HEATING AND COOLING PROGRAMS.
(a)

In General.—
The Secretary, in consultation with appropriate industry organizations, shall conduct a study to—
(1)
assess existing district heating and cooling technologies to determine cost-effectiveness, technical performance, energy efficiency, and environmental impacts as compared to alternative methods for heating and cooling buildings;
(2)
estimate the economic value of benefits that may result from implementation of district heating and cooling systems but that are not currently recognized, such as reduced emissions of air pollutants, local economic development, and energy security;
(3)
evaluate the cost-effectiveness, including the economic value referred to in paragraph (2), of cogenerated district heating and cooling technologies compared to other alternatives for generating or conserving electricity; and
(4)
assess and make recommendations for reducing institutional and other constraints on the implementation of district heating and cooling systems.
(b)

Report.—
Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to the Congress a report containing the findings, conclusions and recommendations, if any, of the Secretary for carrying out Federal, State, and local programs as a result of the study conducted under subsection (a).
[42 U.S.C. 13451 note]
SEC. 173.

STUDY AND REPORT ON VIBRATION REDUCTION TECHNOLOGIES.
(a)

In General.—
The Secretary shall, in consultation with the appropriate industry representatives, conduct a study to assess the cost-effectiveness, technical performance, energy efficiency, and environmental impacts of active noise and vibration cancellation technologies that use fast adapting algorithms.
(b)

Procedure.—
In carrying out such study, the Secretary shall—
(1)
estimate the potential for conserving energy and the economic and environmental benefits that may result from implementing active noise and vibration abatement technologies in demand side management; and
(2)
evaluate the cost-effectiveness of active noise and vibration cancellation technologies as compared to other alternatives for reducing noise and vibration.
(c)

Report.—
The Secretary shall transmit to the Congress, not later than 12 months after the date of the enactment of this Act, a report containing the findings and conclusions of the study carried out under this section.
(d)

Demonstration.—
The Secretary may, based on the findings and conclusions of the study carried out under this section, conduct at least one project designed to demonstrate the commercial application of active noise and vibration cancellation technologies using fast adapting algorithms in products or equipment with a significant potential for increased energy efficiency.
[42 U.S.C. 13451 note]
TITLE II—

NATURAL GAS
* * * * * * *
SEC. 202.

SENSE OF CONGRESS.
It is the sense of the Congress that natural gas consumers and producers, and the national economy, are best served by a competitive natural gas wellhead market.
* * * * * * *
TITLE III—

ALTERNATIVE FUELS—GENERAL
SEC. 301.

DEFINITIONS.
For purposes of this title, title IV, and title V (unless otherwise specified)—
(1)
the term “Administrator” means the Administrator of the Environmental Protection Agency;
(2)
the term “alternative fuel” means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas, including liquid fuels domestically produced from natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits;
(3)

Alternative fueled vehicle.—
(A)

In general.—
The term “alternative fueled vehicle” means a dedicated vehicle or a dual fueled vehicle;
(B)

Inclusions.—
The term “alternative fueled vehicle” includes—
(i)
a new qualified fuel cell motor vehicle (as defined in section 30B(b)(3) of the Internal Revenue Code of 1986);
(ii)
a new advanced lean burn technology motor vehicle (as defined in section 30B(c)(3) of that Code);
(iii)
a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of that Code); and
(iv)
any other type of vehicle that the Administrator demonstrates to the Secretary would achieve a significant reduction in petroleum consumption.
(4)
the term “comparable conventionally fueled motor vehicle” means a motor vehicle which is, as determined by the Secretary—
(A)
commercially available at the time the comparability of the vehicle is being assessed;
(B)
powered by an internal combustion engine that utilizes gasoline or diesel fuel as its fuel source; and
(C)
provides passenger capacity or payload capacity the same or similar to the alternative fueled vehicle to which it is being compared;
(5)
“covered person” means a person that owns, operates, leases, or otherwise controls—
(A)
a fleet that contains at least 20 motor vehicles that are centrally fueled or capable of being centrally fueled, and are used primarily within a metropolitan statistical area or a consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of 250,000 or more; and
(B)
at least 50 motor vehicles within the United States;
(6)
the term “dedicated vehicle” means—
(A)
a dedicated automobile, as such term is defined in section 513(h)(1)(C) of the Motor Vehicle Information and Cost Savings Act; or
(B)
a motor vehicle, other than an automobile, that operates solely on alternative fuel;
(7)
the term “domestic” means derived from resources within the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other Commonwealth, territory, or possession of the United States, including the outer Continental Shelf, as such term is defined in the Outer Continental Shelf Lands Act, or from resources within a Nation with which there is in effect a free trade agreement requiring national treatment for trade;
(8)
the term “dual fueled vehicle” means—
(A)
dual fueled automobile, as such term is defined in section 513(h)(1)(D) of the Motor Vehicle Information and Cost Savings Act; or
(B)
a motor vehicle, other than an automobile, that is capable of operating on alternative fuel and is capable of operating on gasoline or diesel fuel;
(9)
the term “fleet” means a group of 20 or more light duty motor vehicles, used primarily in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000, that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or otherwise controlled by a governmental entity or other person who owns, operates, leases, or otherwise controls 50 or more such vehicles, by any person who controls such person, by any person controlled by such person, and by any person under common control with such person, except that such term does not include—
(A)
motor vehicles held for lease or rental to the general public;
(B)
motor vehicles held for sale by motor vehicle dealers, including demonstration motor vehicles;
(C)
motor vehicles used for motor vehicle manufacturer product evaluations or tests;
(D)
law enforcement motor vehicles;
(E)
emergency motor vehicles, including vehicles directly used in the emergency repair of transmission lines and in the restoration of electricity service following power outages, as determined by the Secretary;
(F)
motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons;
(G)
nonroad vehicles, including farm and construction motor vehicles; or
(H)
motor vehicles which under normal operations are garaged at personal residences at night;
(10)
the term “fuel supplier” means—
(A)
any person engaged in the importing, refining, or processing of crude oil to produce motor fuel;
(B)
any person engaged in the importation, production, storage, transportation, distribution, or sale of motor fuel; and
(C)
any person engaged in generating, transmitting, importing, or selling at wholesale or retail electricity;
(11)
the term “light duty motor vehicle” means a light duty truck or light duty vehicle, as such terms are defined under section 216(7) of the Clean Air Act (42 U.S.C. 7550(7)), of less than or equal to 8,500 pounds gross vehicle weight rating;
(12)
the term “motor fuel” means any substance suitable as a fuel for a motor vehicle;
(13)
the term “motor vehicle” has the meaning given such term under section 216(2) of the Clean Air Act (42 U.S.C. 7550(2)); and
(14)
the term “replacement fuel” means the portion of any motor fuel that is methanol, ethanol, or other alcohols, natural gas, liquefied petroleum gas, hydrogen, coal derived liquid fuels, fuels (other than alcohol) derived from biological materials, electricity (including electricity from solar energy), ethers, or any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits.
[42 U.S.C. 13211]
SEC. 302.

AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT.
[Section 302(a) amended the Energy Policy and Conservation Act.]
(b)

Repeal of Termination Date.—
Section 4(b) of the Alternative Motor Fuels Act of 1988 is repealed.
SEC. 303.

MINIMUM FEDERAL FLEET REQUIREMENT.
(a)

General Requirements.—
(1)
The Federal Government shall acquire at least—
(A)
5,000 light duty alternative fueled vehicles in fiscal year 1993;
(B)
7,500 light duty alternative fueled vehicles in fiscal year 1994; and
(C)
10,000 light duty alternative fueled vehicles in fiscal year 1995.
(2)
The Secretary shall allocate the acquisitions necessary to meet the requirements under paragraph (1).
(b)

Percentage Requirements.—
(1)
Of the total number of vehicles acquired by a Federal fleet, at least—
(A)
25 percent in fiscal year 1996;
(B)
33 percent in fiscal year 1997;
(C)
50 percent in fiscal year 1998; and
(D)
75 percent in fiscal year 1999 and thereafter,
shall be alternative fueled vehicles.
(2)
The Secretary, in consultation with the Administrator of General Services where appropriate, may permit a Federal fleet to acquire a smaller percentage than is required in paragraph (1), so long as the aggregate percentage acquired by all Federal fleets is at least equal to the required percentage.
(3)
For purposes of this subsection, the term “Federal fleet” means 20 or more light duty motor vehicles, located in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000, that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or otherwise controlled by or assigned to any Federal executive department, military department, Government corporation, independent establishment, or executive agency, the United States Postal Service, the Congress, the courts of the United States, or the Executive Office of the President. Such term does not include—
(A)
motor vehicles held for lease or rental to the general public;
(B)
motor vehicles used for motor vehicle manufacturer product evaluations or tests;
(C)
law enforcement vehicles;
(D)
emergency vehicles;
(E)
motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons; or
(F)
nonroad vehicles, including farm and construction vehicles.
(c)

Allocation of Incremental Costs.—
The General Services Administration and any other Federal agency that procures motor vehicles for distribution to other Federal agencies shall allocate the incremental cost of alternative fueled vehicles over the cost of comparable gasoline vehicles across the entire fleet of motor vehicles distributed by such agency.
(d)

Application of Requirements.—
The provisions of section 400AA of the Energy Policy and Conservation Act relating to the Federal acquisition of alternative fueled vehicles shall apply to the acquisition of vehicles pursuant to this section.
(e)

Resale.—
The Administrator of General Services shall take all feasible steps to ensure that all alternative fueled vehicles sold by the Federal Government shall remain alternative fueled vehicles at time of sale.
(f)

Vehicle Emission Requirements.—
(1)

Definitions.—
In this subsection:
(A)

Federal agency.—
The term “Federal agency” does not include any office of the legislative branch.
(B)

Medium duty passenger vehicle.—
The term “medium duty passenger vehicle” has the meaning given that term section 523.2 of title 49 of the Code of Federal Regulations, as in effect on the date of enactment of this paragraph.
(2)

Prohibition.—
(A)

In general.—
Except as provided in subparagraph (B), no Federal agency shall acquire a light duty motor vehicle or medium duty passenger vehicle that is not a low greenhouse gas emitting vehicle.
(B)

Exception.—
The prohibition in subparagraph (A) shall not apply to acquisition of a vehicle if the head of the agency certifies in writing, in a separate certification for each individual vehicle purchased, either—
(i)
that no low greenhouse gas emitting vehicle is available to meet the functional needs of the agency and details in writing the functional needs that could not be met with a low greenhouse gas emitting vehicle; or
(ii)
that the agency has taken specific alternative more cost-effective measures to reduce petroleum consumption that—
(I)
have reduced a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved through acquisition of a low greenhouse gas emitting vehicle over the lifetime of the vehicle; or
(II)
will reduce each year a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved each year through acquisition of a low greenhouse gas emitting vehicle.
(3)

Guidance.—
(A)

In general.—
Each year, the Administrator of the Environmental Protection Agency shall issue guidance identifying the makes and model numbers of vehicles that are low greenhouse gas emitting vehicles.
(B)

Consideration.—
In identifying vehicles under subparagraph (A), the Administrator shall take into account the most stringent standards for vehicle greenhouse gas emissions applicable to and enforceable against motor vehicle manufacturers for vehicles sold anywhere in the United States.
(C)

Requirement.—
The Administrator shall not identify any vehicle as a low greenhouse gas emitting vehicle if the vehicle emits greenhouse gases at a higher rate than such standards allow for the manufacturer's fleet average grams per mile of carbon dioxide-equivalent emissions for that class of vehicle, taking into account any emissions allowances and adjustment factors such standards provide.
(g)

Authorization of Appropriations.—
There are authorized to be appropriated for carrying out this section, such sums as may be necessary for fiscal years 1993 through 1998, to remain available until expended.
[42 U.S.C. 13212]
SEC. 304.

REFUELING.
(a)

In General.—
Federal agencies shall, to the maximum extent practicable, arrange for the fueling of alternative fueled vehicles acquired under section 303 at commercial fueling facilities that offer alternative fuels for sale to the public. If publicly available fueling facilities are not convenient or accessible to the location of Federal alternative fueled vehicles purchased under section 303, Federal agencies are authorized to enter into commercial arrangements for the purposes of fueling Federal alternative fueled vehicles, including, as appropriate, purchase, lease, contract, construction, or other arrangements in which the Federal Government is a participant.
(b)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary for fiscal years 1993 through 1998, to remain available until expended.
[42 U.S.C. 13213]
SEC. 305.

FEDERAL AGENCY PROMOTION, EDUCATION, AND COORDINATION.
(a)

Promotion and Education.—
The Secretary, in cooperation with the Administrator of General Services, shall promote programs and educate officials and employees of Federal agencies on the merits of alternative fueled vehicles. The Secretary, in cooperation with the Administrator of General Services, shall provide and disseminate information to Federal agencies on—
(1)
the location of refueling and maintenance facilities available to alternative fueled vehicles in the Federal fleet;
(2)
the range and performance capabilities of alternative fueled vehicles;
(3)
State and local government and commercial alternative fueled vehicle programs;
(4)
Federal alternative fueled vehicle purchases and placements;
(5)
the operation and maintenance of alternative fueled vehicles in accordance with the manufacturer's standards and recommendations; and
(6)
incentive programs established pursuant to sections 306 and 307 of this Act.
(b)

Assistance in Procurement and Placement.—
The Secretary, in cooperation with the Administrator of General Services, shall provide guidance, coordination and technical assistance to Federal agencies in the procurement and geographic location of alternative fueled vehicles purchased through the Administrator of General Services. The procurement and geographic location of such vehicles shall comply with the purchase requirements under section 303 of this Act.
[42 U.S.C. 13214]
SEC. 306.

AGENCY INCENTIVES PROGRAM.
(a)

Reduction in Rates.—
To encourage and promote use of alternative fueled vehicles in Federal agencies, the Administrator of General Services may offer a reduction in fees charged to agencies for the lease of alternative fueled vehicles below those fees charged for the lease of comparable conventionally fueled motor vehicles.
(b)

Sunset Provision.—
This section shall cease to be effective 3 years after the date of the enactment of this Act.
[42 U.S.C. 13215]
SEC. 307.

RECOGNITION AND INCENTIVE AWARDS PROGRAM.
(a)

Awards Program.—
The Administrator of General Services shall establish annual awards program to recognize those Federal employees who demonstrate the strongest commitment to the use of alternative fuels and fuel conservation in Federal motor vehicles.
(b)

Criteria.—
The Administrator of General Services shall provide annual awards to Federal employees who best demonstrate a commitment—
(1)
to the success of the Federal alternative fueled vehicle program through—
(A)
exemplary promotion of alternative fueled vehicle use within Federal agencies;
(B)
proper alternative fueled vehicle care and maintenance;
(C)
coordination with Federal, State, and local efforts;
(D)
innovative alternative fueled vehicle procurement, refueling, and maintenance arrangements with commercial entities;
(E)
making regular requests for alternative fueled vehicles for agency use; and
(F)
maintaining a high number of alternative fueled vehicles used relative to comparable conventionally fueled motor vehicles used; and
(2)
to fuel efficiency in Federal motor vehicle use through the promotion of such measures as increased use of fuel-efficient vehicles, carpooling, ride-sharing, regular maintenance, and other conservation and awareness measures.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated for the purpose of carrying out this section not more than $35,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 and 1996.
[42 U.S.C. 13216]
SEC. 308.

MEASUREMENT OF ALTERNATIVE FUEL USE.
The Administrator of General Services shall use such means as may be necessary to measure the percentage of alternative fuel use in dual-fueled vehicles procured by the Administrator of General Services. Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the Administrator of General Services, shall issue guidelines to Federal agencies for use in measuring the aggregate percentage of alternative fuel use in dual-fueled vehicles in their fleets.
[42 U.S.C. 13217]
SEC. 309.

INFORMATION COLLECTION.
Section 400AA(b)(1)(A) of the Energy Policy and Conservation Act is amended by striking “the vehicles acquired under subsection (a)” and inserting in lieu thereof “a representative sample of alternative fueled vehicles in Federal fleets”.
SEC. 310.

REPORTS.
(a)

General Service Administration Program Report.—
Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Administrator of General Services shall report to the Congress on the General Services Administration's alternative fueled vehicle program under this Act. The report shall contain information on—
(1)
the number and type of alternative fueled vehicles procured;
(2)
the location of alternative fueled vehicles by standard Federal region;
(3)
the total number of alternative fueled vehicles used by each Federal agency;
(4)
arrangements with commercial entities for refueling and maintenance of alternative fueled vehicles;
(5)
future alternative fueled vehicle procurement and placement strategy;
(6)
the difference in cost between the purchase, maintenance, and operation of alternative fueled vehicles and the purchase, maintenance, and operation of comparable conventionally fueled motor vehicles;
(7)
coordination among Federal, State, and local governments for alternative fueled vehicle procurement and placement;
(8)
the percentage of alternative fuel use in dual-fueled vehicles procured by the Administrator of General Services as measured under section 308;
(9)
a description of the representative sample of alternative fueled vehicles as determined under section 400AA(b)(1)(A) of the Energy Policy and Conservation Act; and
(10)
award recipients under this title.
(b)

Compliance Report.—
(1)

In general.—
Not later than February 15, 2006, and annually thereafter for the next 14 years, the head of each Federal agency which is subject to this Act and Executive Order No. 13031 shall prepare, and submit to Congress, a report that—
(A)
summarizes the compliance by such Federal agency with the alternative fuel purchasing requirements for Federal fleets under this Act and Executive Order No. 13031; and
(B)
includes a plan of compliance that contains specific dates for achieving compliance using reasonable means.
(2)

Contents.—
(A)

In general.—
Each report submitted under paragraph (1) shall include—
(i)
any information on any failure to meet statutory requirements or requirements under Executive Order No. 13031;
(ii)
(I)
any plan of compliance that the agency head is required to submit under Executive Order No. 13031; or
(II)
if a plan of compliance referred to in subclause (I) does not contain specific dates by which the Federal agency is to achieve compliance, a revised plan of compliance that contains specific dates for achieving compliance; and
(iii)
any related information the agency head is required to submit to the Director of the Office of Management and Budget under Executive Order No. 13031.
(B)

Penultimate report.—
The penultimate report submitted under paragraph (1) shall include an announcement that the report for the next year shall be the final report submitted under paragraph (1).
(3)

Public dissemination of report.—
Each report submitted under paragraph (1) shall be made public, including—
(A)
placing such report on a publicly available website on the Internet; and
(B)
publishing the availability of the report, including such website address, in the Federal Register.
[42 U.S.C. 13218]
SEC. 311.

UNITED STATES POSTAL SERVICE.
(a)

Report.—
Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Postmaster General shall submit a report to the Congress on the Postal Service's alternative fueled vehicle program. The report shall contain information on—
(1)
the total number and type of alternative fueled vehicles procured prior to the date of the enactment of this Act (first report only);
(2)
the number and type of alternative fueled vehicles procured in the preceding year;
(3)
the location of alternative fueled vehicles by region;
(4)
arrangements with commercial entities for purposes of refueling and maintenance;
(5)
future alternative fuel procurement and placement strategy;
(6)
the difference in cost between the purchase, maintenance, and operation of alternative fueled vehicles and the purchase, maintenance, and operation of comparable conventionally fueled motor vehicles;
(7)
the percentage of alternative fuel use in dual-fueled vehicles procured by the Postmaster General;
(8)
promotions and incentives to encourage the use of alternative fuels in dual-fueled vehicles; and
(9)
an assessment of the program's relative success and policy recommendations for strengthening the program.
(b)

Coordination.—
To the maximum extent practicable, the Postmaster General shall coordinate the Postal Service's alternative fueled vehicle procurement, placement, refueling, and maintenance programs with those at the Federal, State, and local level. The Postmaster General shall communicate, share, and disseminate, on a regular basis, information on such programs with the Secretary, the Administrator of General Services, and heads of appropriate Federal agencies.
(c)

Program Criteria.—
The Postmaster General shall consider the following criteria in the procurement and placement of alternative fueled vehicles:
(1)
The procurement plans of State and local governments and other public and private institutions.
(2)
The current and future availability of refueling and repair facilities.
(3)
The reduction in emissions of the Postal fleet.
(4)
Whether the vehicle is to be used in a nonattainment area as specified in the Clean Air Act Amendments of 1990.
(5)
The operational requirements of the Postal fleet.
(6)
The contribution to the reduction in the consumption of oil in the transportation sector.
[42 U.S.C. 13219]
SEC. 312.

BIODIESEL FUEL USE CREDITS.
(a)

Allocation of Credits.—
(1)

In general.—
The Secretary shall allocate one credit under this section to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 percent biodiesel by volume purchased after the date of the enactment of this section for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating.
(2)

Exceptions.—
No credits shall be allocated under paragraph (1) for a purchase of biodiesel—
(A)
for use in alternative fueled vehicles; or
(B)
that is required by Federal or State law.
(3)

Authority to modify percentage.—
The Secretary may, by rule, lower the 20 percent biodiesel volume requirement in paragraph (1) for reasons related to cold start, safety, or vehicle function considerations.
(4)

Documentation.—
A fleet or covered person seeking a credit under this section shall provide written documentation to the Secretary supporting the allocation of a credit to such fleet or covered person under paragraph (1).
(b)

Use of Credits.—
(1)

In general.—
At the request of a fleet or covered person allocated a credit under subsection (a), the Secretary shall, for the year in which the purchase of a qualifying volume is made, treat that purchase as the acquisition of one alternative fueled vehicle the fleet or covered person is required to acquire under this title, title IV, or title V.
(2)

Limitation.—
Credits allocated under subsection (a) may not be used to satisfy more than 50 percent of the alternative fueled vehicle requirements of a fleet or covered person under this title, title IV, and title V. This paragraph shall not apply to a fleet or covered person that is a biodiesel alternative fuel provider described in section 501(a)(2)(A).
(c)

Credit Not a Section 508 Credit.—
A credit under this section shall not be considered a credit under section 508.
(d)

Issuance of Rule.—
The Secretary shall, before January 1, 1999, issue a rule establishing procedures for the implementation of this section.
(e)

Collection of Data.—
The Secretary shall collect such data as are required to make a determination described in subsection (f)(2)(B).
(f)

Definitions.—
For purposes of this section—
(1)
the term “biodiesel”—
(A)
means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act;
(B)
includes biodiesel derived from—
(i)
animal wastes, including poultry fats and poultry wastes, and other waste materials; or
(ii)
municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and
(2)
the term “qualifying volume” means—
(A)
450 gallons; or
(B)
if the Secretary determines by rule that the average annual alternative fuel use in light duty vehicles by fleets and covered persons exceeds 450 gallons or gallon equivalents, the amount of such average annual alternative fuel use.
[42 U.S.C. 13220]
TITLE IV—

ALTERNATIVE FUELS—NON-FEDERAL PROGRAMS
SEC. 401.

TRUCK COMMERCIAL APPLICATION PROGRAM.
[Section 401 amended the Energy Policy and Conservation Act.]
SEC. 402.

CONFORMING AMENDMENTS.
[Section 402 amended the Energy Policy and Conservation Act.]
SEC. 403.

ALTERNATIVE MOTOR FUELS AMENDMENTS.
[Section 403 amended the Motor Vehicle Information and Cost Savings Act.]
SEC. 404.

VEHICULAR NATURAL GAS JURISDICTION.
(a)

Natural Gas Act Amendments.—
(1)
Section 1 of the Natural Gas Act (15 U.S.C. 717) is amended by inserting after subsection (c) the following new subsection:
“(d)
The provisions of this Act shall not apply to any person solely by reason of, or with respect to, any sale or transportation of vehicular natural gas if such person is—
“(1)
not otherwise a natural-gas company; or
“(2)
subject primarily to regulation by a State commission, whether or not such State commission has, or is exercising, jurisdiction over the sale, sale for resale, or transportation of vehicular natural gas.”
.
(2)
Section 2 of the Natural Gas Act (15 U.S.C. 717a) is amended by inserting after paragraph (9) the following new paragraph:
“(10)
‘Vehicular natural gas’ means natural gas that is ultimately used as a fuel in a self-propelled vehicle.”
.
(b)

State Laws and Regulations.—
The transportation or sale of natural gas by any person who is not otherwise a public utility, within the meaning of State law—
(1)
in closed containers; or
(2)
otherwise to any person for use by such person as a fuel in a self-propelled vehicle,
shall not be considered to be a transportation or sale of natural gas within the meaning of any State law, regulation, or order in effect before January 1, 1989. This subsection shall not apply to any provision of any State law, regulation, or order to the extent that such provision has as its primary purpose the protection of public safety.
(c)

Nonapplicability of the Public Utility Holding Company Act of 1935.—
(1)
A company shall not be considered to be a gas utility company under section 2(a)(4) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79b(a)(4)) solely because it owns or operates facilities used for the distribution at retail of vehicular natural gas.
(2)
Notwithstanding section 11(b)(1) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79k(b)(1)), a holding company registered under such Act solely by reason of the application of section 2(a)(7) (A) or (B) of such Act with respect to control of a gas utility company or subsidiary thereof, may acquire or retain, in any geographic area, any interest in a company that is not a public utility company and which, as a primary business, is involved in the sale of vehicular natural gas or the manufacture, sale, transport, installation, servicing, or financing of equipment related to the sale for consumption of vehicular natural gas.
(3)
The sale or transportation of vehicular natural gas by a company, or any subsidiary of such company, shall not be taken into consideration in determining whether under section 3 of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79c) such company is exempt from registration.
(4)
For purposes of this subsection, terms that are defined under the Public Utility Holding Company Act of 1935 shall have the meaning given such terms in such Act.
(5)
For purposes of this subsection, the term “vehicular natural gas” means natural or manufactured gas that is ultimately used as a fuel in a self-propelled vehicle.
SEC. 405.

PUBLIC INFORMATION PROGRAM.
The Secretary, in consultation with appropriate Federal agencies and individuals and organizations with practical experience in the production and use of alternative fuels and alternative fueled vehicles, shall, for the purposes of promoting the use of alternative fuels and alternative fueled vehicles, establish a public information program on the benefits and costs of the use of alternative fuels in motor vehicles. Within 18 months after the date of enactment of this Act, the Secretary shall produce and make available an information package for consumers to assist them in choosing among alternative fuels and alternative fueled vehicles. Such information package shall provide relevant and objective information on motor vehicle characteristics and fuel characteristics as compared to gasoline, on a life cycle basis, including environmental performance, energy efficiency, domestic content, cost, maintenance requirements, reliability, and safety. Such information package shall also include information with respect to the conversion of conventional motor vehicles to alternative fueled vehicles. The Secretary shall include such other information as the Secretary determines is reasonable and necessary to help promote the use of alternative fuels in motor vehicles. Such information package shall be updated annually to reflect the most recent available information.
[42 U.S.C. 13231]
SEC. 406.

LABELING REQUIREMENTS.
(a)

Establishment of Requirements.—
The Federal Trade Commission, in consultation with the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, shall, within 18 months after the date of enactment of this Act, issue a notice of proposed rulemaking for a rule to establish uniform labeling requirements, to the greatest extent practicable, for alternative fuels and alternative fueled vehicles, including requirements for appropriate information with respect to costs and benefits, so as to reasonably enable the consumer to make choices and comparisons. Required labeling under the rule shall be simple and, where appropriate, consolidated with other labels providing information to the consumer. In formulating the rule, the Federal Trade Commission shall give consideration to the problems associated with developing and publishing useful and timely cost and benefit information, taking into account lead time, costs, the frequency of changes in costs and benefits that may occur, and other relevant factors. The Commission shall obtain the views of affected industries, consumer organizations, Federal and State agencies, and others in formulating the rule. A final rule shall be issued within 1 year after the notice of proposed rulemaking is issued. Such rule shall be updated periodically to reflect the most recent available information.
(b)

Technical Assistance and Coordination.—
The Secretary shall provide technical assistance to the Federal Trade Commission in developing labeling requirements under subsection (a). The Secretary shall coordinate activities under this section with activities under section 405.
[42 U.S.C. 13232]
SEC. 407.

DATA ACQUISITION PROGRAM.
(a)
Not later than one year after the date of enactment of this Act, the Secretary, through the Energy Information Administration, and in cooperation with appropriate State, regional, and local authorities, shall establish a data collection program to be conducted in at least 5 geographically and climatically diverse regions of the United States for the purpose of collecting data which would be useful to persons seeking to manufacture, convert, sell, own, or operate alternative fueled vehicles or alternative fueling facilities. Such data shall include—
(1)
identification of the number and types of motor vehicle trips made daily and miles driven per trip, including commuting, business, and recreational trips;
(2)
the projections of the Secretary as to the most likely combination of alternative fueled vehicle use and other forms of transit, including rail and other forms of mass transit;
(3)
cost, performance, environmental, energy, and safety data on alternative fuels and alternative fueled vehicles; and
(4)
other appropriate demographic information and consumer preferences.
(b)
The Secretary shall consult with interested parties, including other appropriate Federal agencies, manufacturers, public utilities, owners and operators of fleets of light duty motor vehicles, and State or local governmental entities, to determine the types of data to be collected and analyzed under subsection (a).
[42 U.S.C. 13233]
SEC. 408.

FEDERAL ENERGY REGULATORY COMMISSION AUTHORITY TO APPROVE RECOVERY OF CERTAIN EXPENSES IN ADVANCE.
(a)

Natural Gas Motor Vehicles.—
The Federal Energy Regulatory Commission may, under section 4 of the Natural Gas Act, allow recovery of expenses in advance by natural-gas companies for research, development, and demonstration activities by the Gas Research Institute for projects on the use of natural gas, including fuels derived from natural gas, for transportation, and projects on the use of natural gas to control pollutants and to control emissions from the combustion of other fuels, if the Commission finds that the benefits, including environmental benefits, to existing and future ratepayers resulting from such activities exceed all direct costs to existing and future ratepayers. To the maximum extent practicable, through the establishment of cofunding requirements applicable to such projects, the Commission shall ensure that the costs of such activities shall be provided in part, through contributions of cash, personnel, services, equipment, and other resources, by sources other than the recovery of expenses pursuant to this section.
(b)

Electric Motor Vehicles.—
The Federal Energy Regulatory Commission may, under section 205 of the Federal Power Act, allow recovery of expenses in advance by electric utilities for research, development, and demonstration activities by the Electric Power Research Institute for projects on electric motor vehicles, if the Commission finds that the benefits, including environmental benefits, to existing and future ratepayers resulting from such activities exceed all direct costs to existing and future ratepayers. To the maximum extent practicable, through the establishment of cofunding requirements applicable to each project, the costs of such activities shall be provided, in part, through contributions of cash, personnel, services, equipment, and other resources, by sources other than the recovery of expenses pursuant to this section.
(c)

Repeal.—
The second paragraph of the matter under the heading “Federal Energy Regulatory Commission, Salaries and Expenses” in title III of the Energy and Water Development Appropriations Act, 1992, is repealed.
[42 U.S.C. 13234]
SEC. 409.

STATE AND LOCAL INCENTIVES PROGRAMS.
(a)

Establishment of Program.—
(1)
The Secretary shall, within one year after the date of enactment of this Act, issue regulations establishing guidelines for comprehensive State alternative fuels and alternative fueled vehicle incentives and program plans designed to accelerate the introduction and use of such fuels and vehicles. Such guideline shall address the development, modification, and implementation of such State plans and shall describe those program elements, as described in paragraph (3), to be addressed in such plans.
(2)
The Secretary, after consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall invite the Governor of each State to submit to the Secretary a State plan within one year after the effective date of the regulations issued under paragraph (1). Such plan shall include—
(A)
provisions designed to result in scheduled progress toward, and achievement of, the goal of introducing substantial numbers of alternative fueled vehicles in such State by the year 2000; and
(B)
a detailed description of the requirements, including the estimated cost of implementation, of such plan.
(3)
Each proposed State plan, in order to be eligible for Federal assistance under this section, shall describe the manner in which coordination shall be achieved with Federal and local governmental entities in implementing such plan, and shall include an examination of—
(A)
exemption from State sales tax or other State or local taxes or surcharges (other than such taxes or surcharges which are dedicated for transportation purposes) with respect to alternative fueled vehicles, alternative fuels, or alternative fueling facilities;
(B)
the introduction of alternative fueled vehicles into State-owned or operated motor vehicle fleets;
(C)
special parking at public buildings and airport and transportation facilities;
(D)
programs of public education to promote the use of alternative fueled vehicles;
(E)
the treatment of sales of alternative fuels for use in alternative fueled vehicles;
(F)
methods by which State and local governments might facilitate—
(i)
the availability of alternative fuels; and
(ii)
the ability to recharge electric motor vehicles at public locations;
(G)
allowing public utilities to include in rates the incremental cost of—
(i)
new alternative fueled vehicles;
(ii)
converting conventional vehicles to operate on alternative fuels; and
(iii)
installing alternative fuel fueling facilities,
but only to the extent that the inclusion of such costs in rates would not create competitive disadvantages for other market participants, and taking into consideration the effect inclusion of such costs would have on rates, service, and reliability to other utility customers;
(H)
such other programs and incentives as the State may describe;
(I)
whether accomplishing any of the goals in this subsection would require amendment to State law or regulation, including traffic safety prohibitions;
(J)
services provided by municipal, county, and regional transit authorities; and
(K)
effects of such plan on programs authorized by the Intermodal Surface Transportation Efficiency Act of 1991 and amendments made by that Act.
(b)

Federal Assistance to States.—
(1)
Upon request of the Governor of any State with a plan approved under this section, the Secretary may provide to such State—
(A)
information and technical assistance, including model State laws and proposed regulations relating to alternative fueled vehicles;
(B)
grants of Federal financial assistance for the purpose of assisting such State in the implementation of such plan or any part thereof; and
(C)
grants of Federal financial assistance for the acquisition of alternative fueled vehicles.
(2)
In determining whether to approve a State plan submitted under subsection (a), and in determining the amount of Federal financial assistance, if any, to be provided to any State under this subsection, the Secretary shall take into account—
(A)
the energy-related and environmental-related impacts, on a life cycle basis, of the introduction and use of alternative fueled vehicles included in the plan compared to conventional motor vehicles;
(B)
the number of alternative fueled vehicles likely to be introduced by the year 2000, as a result of successful implementation of the plan; and
(C)
such other factors as the Secretary considers appropriate.
(3)
The Secretary, in consultation with the Administrator of General Services, shall provide assistance to States in procuring alternative fueled vehicles, including coordination with Federal procurements of such vehicles.
(4)
The Secretary may not approve a State plan submitted under subsection (a) unless the State agrees to provide at least 20 percent of the cost of activities for which assistance is provided under paragraph (1).
(c)

General Provisions.—
(1)
In carrying out this section, the Secretary shall consult with the Secretary of Transportation on matters relating to transportation and with other appropriate Federal and State departments and agencies.
(2)
The Secretary shall report annually to the President and the Congress, and shall furnish copies of such report to the Governor of each State participating in the program, on the operation of the program under this section. Such report shall include—
(A)
an estimate of the number of alternative fueled vehicles in use in each State;
(B)
the degree of each State's participation in the program;
(C)
a description of Federal, State, and local programs undertaken in the various States, whether pursuant to a State plan under this section or not, to provide incentives for introduction of alternative fueled vehicles;
(D)
an estimate of the energy and environmental benefits of the program; and
(E)
the recommendations of the Secretary, if any, for additional action by the Federal Government.
(d)

Definitions.—
For the purposes of this section, the following definitions apply:
(1)

Governor.—
The term “Governor” means the chief executive of a State.
(2)

State.—
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated for carrying out this section, $10,000,000 for each of the 5 fiscal years beginning after the date of enactment of this Act.
[42 U.S.C. 13235]
SEC. 410.

ALTERNATIVE FUEL BUS PROGRAM.
(a)

Cooperative Agreements and Joint Ventures.—
(1)
The Secretary of Transportation, in consultation with the Secretary, may enter into cooperative agreements and joint ventures proposed by any municipal, county, or regional transit authority in an urban area with a population over 100,000 (according to latest available census information) to demonstrate the feasibility of commercial application, including safety of specific vehicle design, of using alternative fuels for urban buses and other motor vehicles used for mass transit.
(2)
The cooperative agreements and joint ventures under paragraph (1) may include interested or affected private firms willing to provide assistance in cash, or in kind, for any such demonstration.
(3)
Federal assistance provided under cooperative agreements and joint ventures entered into under paragraph (1) to demonstrate the feasibility of commercial application of using alternative fuels for urban buses shall be in addition to Federal assistance provided under any other law for such purpose.
(b)

Limitations.—
(1)
The Secretary of Transportation may not enter into cooperative agreement or joint venture under subsection (a) with any municipal, county, or regional transit authority, unless such government body agrees to provide 20 percent of the costs of such demonstration.
(2)
The Secretary of Transportation may grant such priority under this section to any entity that demonstrates that the use of alternative fuels for transportation would have a significant beneficial effect on the environment.
(c)

School Buses.—
The Secretary of Transportation may also provide, in accordance with such rules as he may prescribe, financial assistance to any agency, municipality, or political subdivision in an urban area referred to in subsection (a), of any State or the District of Columbia for the purpose of meeting the incremental costs of school buses that are dedicated vehicles and used regularly for such transportation during the school term. Such costs may include the purchase and installation of alternative fuel refueling facilities to be used for school bus refueling, and the conversion of school buses to dedicated vehicles. The Secretary of Transportation may provide such assistance directly to a person who is a contractor of such agency, municipality, or political subdivision, upon the request of the agency, municipality, or political subdivision, and who, under such contract, provides for such transportation. Any conversion under this subsection shall comply with the warranty and safety requirements for alternative fuel conversions contained in section 247 of the Clean Air Act Amendments of 1990.3
^3
Probably should refer to section 247 of the Clean Air Act.
(d)

Funding Authorization.—
There are authorized to be appropriated not more than $30,000,000 for each of the fiscal years 1993, 1994, and 1995 for purposes of this section.
[42 U.S.C. 13236]
SEC. 411.

CERTIFICATION OF TRAINING PROGRAMS.
The Secretary shall ensure that the Federal Government establishes and carries out a program for the certification of training programs for technicians who are responsible for motor vehicle installation of equipment that converts gasoline or diesel-fueled motor vehicles into dedicated vehicles or dual fueled vehicles, and for the maintenance of such converted motor vehicles. A training program shall not be certified under the program established under this section unless it provides technicians with instruction on the proper and safe installation procedures and techniques, adherence to specifications (including original equipment manufacturer specifications), motor vehicle operating procedures, emissions testing, and other appropriate mechanical concerns applicable to these motor vehicle conversions. The Secretary shall ensure that, in the development of the program required under this section, original equipment manufacturers, fuel suppliers, companies that convert conventional vehicles to use alternative fuels, and other affected persons are consulted.
[42 U.S.C. 13237]
SEC. 412.

ALTERNATIVE FUEL USE IN NONROAD VEHICLES AND ENGINES.
(a)

Nonroad Vehicles and Engines.—
(1)
The Secretary shall conduct a study to determine whether the use of alternative fuels in nonroad vehicles and engines would contribute substantially to reduced reliance on imported energy sources. Such study shall be completed, and the results thereof reported to Congress, within 2 years after the date of enactment of this Act.
(2)
The study shall assess the potential of nonroad vehicles and engines to run on alternative fuels. Taking into account the nonroad vehicles and engines for which running on alternative fuels is feasible, the study shall assess the potential reduction in reliance on foreign energy sources that could be achieved if such vehicles were to run on alternative fuels.
(3)
The report required under paragraph (1) may include the Secretary's recommendations for encouraging or requiring nonroad vehicles and engines which can feasibly be run on alternative fuels, to utilize such alternative fuels.
(b)

Definition of Nonroad Vehicles and Engines.—
Nonroad vehicles and engines, for purposes of this section, shall include nonroad vehicles and engines used for surface transportation or principally for industrial or commercial purposes, vehicles used for rail transportation, vehicles used at airports, vehicles or engines used for marine purposes, and other vehicles or engines at the discretion of the Secretary.
(c)

Designation.—
Upon completion of the study required pursuant to subsection (a) of this section, the Secretary may designate such vehicles and engines as qualifying for loans pursuant to section 414 of this title.
[42 U.S.C. 13238]
SEC. 413.

REPORTS TO CONGRESS.
Within 6 months after the date of enactment of this Act, the Secretary shall—
(1)
identify and report to Congress on purchasing policies of the Federal Government which inhibit or prevent the purchase by the Federal Government of alternative fueled vehicles; and
(2)
report to Congress on Federal, State, and local traffic control measures and policies and how the use of alternative fueled vehicles could be promoted by granting such vehicles exemptions or preferential treatment under such measures.
[42 U.S.C. 13211]
SEC. 414.

LOW INTEREST LOAN PROGRAM.
(a)

Establishment.—
Within 1 year after the date of enactment of this Act, the Secretary shall establish a program for making low interest loans, giving preference to small businesses that own or operate fleets, for—
(1)
the conversion of motor vehicles to operation on alternative fuels;
(2)
covering the incremental costs of the purchase of motor vehicles which operate on alternative fuels, when compared with purchase costs of comparable conventionally fueled motor vehicles; or
(3)
covering the incremental costs of purchase of non-road vehicles and engines designated by the Secretary pursuant to section 412(c) of this title.
(b)

Loan Terms.—
The Secretary, to the extent practicable, shall establish reasonable terms for loans made under this subsection, with preference given to repayment schedules that enable such loans to be repaid by the borrower from the cost differential between gasoline and the alternative fuel on which the motor vehicle operates.
(c)

Criteria.—
In deciding to whom loans shall be made under this subsection, the Secretary shall consider—
(1)
the financial need of the applicant;
(2)
the goal of assisting the greatest number of applicants; and
(3)
the ability of an applicant to repay the loan, taking into account the fuel cost savings likely to accrue to the applicant.
(d)

Priorities.—
Priority shall be given under this section to fleets where the use of alternative fuels would have a significant beneficial effect on energy security and the environment.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section, $25,000,000 for each of the fiscal years 1993, 1994, and 1995.
[42 U.S.C. 13239]
TITLE V—

AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
SEC. 501.

MANDATE FOR ALTERNATIVE FUEL PROVIDERS.
(a)

In General.—
(1)
The Secretary shall, before January 1, 1994, issue regulations requiring that of the new light duty motor vehicles acquired by a covered person described in paragraph (2), the following percentages shall be alternative fueled vehicles for the following model years:
(A)
30 percent for model year 1996.
(B)
50 percent for model year 1997.
(C)
70 percent for model year 1998.
(D)
90 percent for model year 1999 and thereafter.
(2)
For purposes of this section, a person referred to in paragraph (1) is—
(A)
a covered person whose principal business is producing, storing, refining, processing, transporting, distributing, importing, or selling at wholesale or retail any alternative fuel other than electricity;
(B)
a non-Federal covered person whose principal business is generating, transmitting, importing, or selling at wholesale or retail electricity; or
(C)
a covered person—
(i)
who produces, imports, or produces and imports in combination, an average of 50,000 barrels per day or more of petroleum; and
(ii)
a substantial portion of whose business is producing alternative fuels.
(3)
(A)
In the case of a covered person described in paragraph (2) with more than one affiliate, division, or other business unit, only an affiliate, division, or business unit which is substantially engaged in the alternative fuels business (as determined by the Secretary by rule) shall be subject to this subsection.
(B)
No covered person or affiliate, division, or other business unit of such person whose principal business is—
(i)
transforming alternative fuels into a product that is not an alternative fuel; or
(ii)
consuming alternative fuels as a feedstock or fuel in the manufacture of a product that is not an alternative fuel,
shall be subject to this subsection.
(4)
The vehicles purchased pursuant to this section shall be operated solely on alternative fuels except when operating in an area where the appropriate alternative fuel is unavailable.
(5)
Regulations issued under paragraph (1) shall provide for the prompt exemption by the Secretary, through a simple and reasonable process, from the requirements of paragraph (1) of any covered person, in whole or in part, if such person demonstrates to the satisfaction of the Secretary that—
(A)
alternative fueled vehicles that meet the normal requirements and practices of the principal business of that person are not reasonably available for acquisition; or
(B)
alternative fuels that meet the normal requirements and practices of the principal business of that person are not available in the area in which the vehicles are to be operated.
(b)

Revisions and Extensions.—
With respect to model years 1997 and thereafter, the Secretary may—
(1)
revise the percentage requirements under subsection (a)(1) downward, except that under no circumstances shall the percentage requirement for a model year be less than 20 percent; and
(2)
extend the time under subsection (a)(1) for up to 2 model years.
(c)

Option for Electric Utilities.—
The Secretary shall, within 1 year after the date of enactment of this Act, issue regulations requiring that, in the case of a covered person whose principal business is generating, transmitting, importing, or selling at wholesale or retail electricity, the requirements of subsection (a)(1) shall not apply until after December 31, 1997, with respect to electric motor vehicles. Any covered person described in this subsection which plans to acquire electric motor vehicles to comply with the requirements of this section shall so notify the Secretary before January 1, 1996.
(d)

Report to Congress.—
The Secretary shall, before January 1, 1998, submit a report to the Congress providing detailed information on actions taken to carry out this section, and the progress made and problems encountered thereunder.
[42 U.S.C. 13251]
SEC. 502.

REPLACEMENT FUEL SUPPLY AND DEMAND PROGRAM.
(a)

Establishment of Program.—
The Secretary shall establish a program to promote the development and use in light duty motor vehicles of domestic replacement fuels. Such program shall promote the replacement of petroleum motor fuels with replacement fuels to the maximum extent practicable. Such program shall, to the extent practicable, ensure the availability of those replacement fuels that will have the greatest impact in reducing oil imports, improving the health of our Nation's economy and reducing greenhouse gas emissions.
(b)

Development Plan and Production Goals.—
Under the program established under subsection (a), the Secretary, before October 1, 1993, in consultation with the Administrator, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of Commerce, and the heads of other appropriate agencies, shall review appropriate information and—
(1)
estimate the domestic and nondomestic production capacity for replacement fuels and alternative fueled vehicles needed to implement this section;
(2)
determine the technical and economic feasibility of achieving the goals of producing sufficient replacement fuels to replace, on an energy equivalent basis—
(A)
at least 10 percent by the year 2000; and
(B)
at least 30 percent by the year 2010,
of the projected consumption of motor fuel in the United States for each such year, with at least one half of such replacement fuels being domestic fuels;
(3)
determine the most suitable means and methods of developing and encouraging the production, distribution, and use of replacement fuels and alternative fueled vehicles in a manner that would meet the program goals described in subsection (a);
(4)
identify ways to encourage the development of reliable replacement fuels and alternative fueled vehicle industries in the United States, and the technical, economic, and institutional barriers to such development; and
(5)
determine the greenhouse gas emission implications of increasing the use of replacement fuels, including an estimate of the maximum feasible reduction in such emissions from the use of replacement fuels.
The Secretary shall publish in the Federal Register the results of actions taken under this subsection, and provide for an opportunity for public comment.
[42 U.S.C. 13252]
SEC. 503.

REPLACEMENT FUEL DEMAND ESTIMATES AND SUPPLY INFORMATION.
(a)

Estimates.—
Not later than October 1, 1993, and annually thereafter, the Secretary, in consultation with the Administrator, the Secretary of Transportation, and other appropriate State and Federal officials, shall estimate for the following calendar year—
(1)
the number of each type of alternative fueled vehicle likely to be in use in the United States;
(2)
the probable geographic distribution of such vehicles;
(3)
the amount and distribution of each type of replacement fuel; and
(4)
the greenhouse gas emissions likely to result from replacement fuel use.
(b)

Information.—
Beginning on October 1, 1994, the Secretary shall annually require—
(1)
fuel suppliers to report to the Secretary on the amount of each type of replacement fuel that such supplier—
(A)
has supplied in the previous calendar year; and
(B)
plans to supply for the following calendar year;
(2)
suppliers of alternative fueled vehicles to report to the Secretary on the number of each type of alternative fueled vehicle that such supplier—
(A)
has made available in the previous calendar year; and
(B)
plans to make available for the following calendar year; and
(3)
such fuel suppliers to provide the Secretary information necessary to determine the greenhouse gas emissions from the replacement fuels used, taking into account the entire fuel cycle.
(c)

Protection of Information.—
Information provided to the Secretary under subsection (b) shall be subject to applicable provisions of law protecting the confidentiality of trade secrets and business and financial information, including section 1905 of title 18, United States Code.
[42 U.S.C. 13253]
SEC. 504.

MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY.
(a)

Examination of Goals.—
Within 3 years after the date of enactment of this Act, and periodically thereafter, the Secretary shall examine the goals established under section 502(b)(2), in the context of the program goals stated under section 502(a), to determine if the goals under section 502(b)(2), including the applicable percentage requirements and dates, should be modified under this section. The Secretary shall publish in the Federal Register the results of each examination under this subsection and provide an opportunity for public comment.
(b)

Modification of Goals.—
If, after analysis of information obtained in connection with carrying out subsection (a) or section 502, or other information, and taking into account the determination of technical and economic feasibility made under section 502(b)(2), the Secretary determines that goals described in section 502(b)(2), including the percentage requirements or dates, are not achievable, the Secretary, in consultation with appropriate Federal agencies, shall, by rule, establish goals that are achievable, for purposes of this title. The modification of goals under this section may include changing the target dates specified in section 502(b)(2).
(c)

Additional Rulemaking Authority.—
If the Secretary determines that the achievement of goals described in section 502(b)(2) would result in a significant and correctable failure to meet the program goals described in section 502(a), the Secretary shall issue such additional regulations as are necessary to remedy such failure. The Secretary shall have no authority under this Act to mandate the production of alternative fueled vehicles or to specify, as applicable, the models, lines, or types of, or marketing or pricing practices, policies, or strategies for, vehicles subject to this Act. Nothing in this Act shall be construed to give the Secretary authority to mandate marketing or pricing practices, policies, or strategies for alternative fuels or to mandate the production or delivery of such fuels.
[42 U.S.C. 13254]
SEC. 505.

VOLUNTARY SUPPLY COMMITMENTS.
The Secretary shall, by January 1, 1994, and thereafter, undertake to obtain voluntary commitments in geographically diverse regions of the United States—
(1)
from fuel suppliers to make available to the public replacement fuels, including providing for the construction or availability of related fuel delivery systems;
(2)
from owners of 10 or more motor vehicles to acquire and use alternative fueled vehicles and alternative fuels; and
(3)
from suppliers of alternative fueled vehicles to make available to the public alternative fueled vehicles and to ensure the availability of necessary related services,
in sufficient volume to achieve the goals described in section 502(b)(2) or as modified under section 504, and in order to meet any fleet requirement program established by rule under this title. The Secretary shall periodically report to the Congress on the results of efforts under this section. All voluntary commitments obtained pursuant to this section shall be available to the public, except to the extent provided in applicable provisions of law protecting the confidentiality of trade secrets and business and financial information, including section 1905 of title 18, United States Code.
[42 U.S.C. 13256]
SEC. 506.

TECHNICAL AND POLICY ANALYSIS.
(a)

Requirement.—
Not later than March 1, 1995, and March 1, 1997, the Secretary shall prepare and transmit to the President and the Congress a technical and policy analysis under this section. The Secretary shall utilize the analytical capability and authorities of the Energy Information Administration and such other offices of the Department of Energy as the Secretary considers appropriate.
(b)

Purposes.—
The technical and policy analysis prepared under this section shall be based on the best available data and information obtainable by the Secretary under section 503, or otherwise, and on experience under this title and other provisions of law in the development and use of replacement fuels and alternative fueled vehicles, and shall evaluate—
(1)
progress made in achieving the goals described in section 502(b)(2), as modified under section 504;
(2)
the actual and potential role of replacement fuels and alternative fueled vehicles in significantly reducing United States reliance on imported oil to the extent of the goals referred to in paragraph (1); and
(3)
the actual and potential availability of various domestic replacement fuels and dedicated vehicles and dual fueled vehicles.
(c)

Publication.—
The Secretary shall publish a proposed version of each analysis under this section in the Federal Register for public comment before transmittal to the President and the Congress. Public comment received in response to such publication shall be preserved for use in rulemaking proceedings under section 507.
[42 U.S.C. 13256]
SEC. 507.

FLEET REQUIREMENT PROGRAM.
(a)

Fleet Program Purchase Goals.—
(1)
Except as provided in paragraph (2), the following percentages of new light duty motor vehicles acquired in each model year for a fleet, other than a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person subject to section 501, shall be alternative fueled vehicles:
(A)
20 percent of the motor vehicles acquired in model years 1999, 2000, and 2001;
(B)
30 percent of the motor vehicles acquired in model year 2002;
(C)
40 percent of the motor vehicles acquired in model year 2003;
(D)
50 percent of the motor vehicles acquired in model year 2004;
(E)
60 percent of the motor vehicles acquired in model year 2005; and
(F)
70 percent of the motor vehicles acquired in model year 2006 and thereafter.
(2)
The Secretary may not establish percentage requirements higher than those described in paragraph (1). The Secretary may, if appropriate, and pursuant to a rule under subsection (b), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 1998 (or model year 1999) for initiating the fleet requirements under paragraph (1).
(3)
The Secretary shall publish an advance notice of proposed rulemaking for the purpose of—
(A)
evaluating the progress toward achieving the goals of replacement fuel use described in section 502(b)(2), as modified under section 504;
(B)
identifying the problems associated with achieving those goals;
(C)
assessing the adequacy and practicability of those goals; and
(D)
considering all actions needed to achieve those goals.
The Secretary shall provide for at least 3 regional hearings on the advance notice of proposed rulemaking, with respect to which official transcripts shall be maintained. The comment period in connection with such advance notice of proposed rulemaking shall be completed within 7 months after publication of the advance notice.
(4)
After the completion of such advance notice of proposed rulemaking, the Secretary shall publish in the Federal Register a proposed rule for the rule required under subsection (b), and shall provide for a public comment period, with hearings, of not less than 90 days.
(b)

Early Rulemaking.—
(1)
Not earlier than 1 year after the date of the enactment of this Act, and after carrying out the requirements of subsection (a), the Secretary shall initiate a rulemaking to determine whether a fleet requirement program to begin in calendar year 1998 (when model year 1999 begins), or such other later date as he may select pursuant to subsection (a), is necessary under this section. Such rule, consistent with subsection (a)(1), shall establish the annual applicable model year percentage. No rule under this subsection may be promulgated after December 15, 1996, and be enforceable. A fleet requirement program shall be considered necessary and a rule therefor shall be promulgated if the Secretary finds that—
(A)
the goal of replacement fuel use described in section 502(b)(2)(B), as modified under section 504, is not expected to be actually achieved by 2010, or such other date as is established under section 504, by voluntary means or pursuant to this title or any other law without such a fleet requirement program, taking into consideration the status of the achievement of the interim goal described in section 502(b)(2)(A), as modified under section 504;
(B)
such goal is practicable and actually achievable within periods specified in section 502(b)(2), as modified under section 504, through implementation of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals; and
(C)
by 1998 (when model year 1999 begins) or the date specified by the Secretary in such rule for initiating a fleet requirement program—
(i)
there exists sufficient evidence to ensure that the fuel and the needed infrastructure, including the supply and deliverability systems, will be installed and located at convenient places in the fleet areas subject to the rule and will be fully operational when the rule is effective to offer a reliable and timely supply of the applicable alternative fuel at reasonable costs (as compared to conventional fuels) to meet the fleet requirement program, as demonstrated through use of the provisions of section 505(1) of this title regarding voluntary commitments or other adequate, reliable, and convincing forms of agreements, arrangements, or representations that such fuels and infrastructure are in existence or will exist when the rule is effective and will be expanded as the percentages increase annually;
(ii)
there will be a sufficient number of new alternative fueled vehicles from original equipment manufacturers that comply with all applicable requirements of the Clean Air Act and the National Traffic and Motor Vehicle Safety Act of 1966;
(iii)
such new vehicles will meet the applicable non-Federal and non-State fleet performance requirements of such fleets (including range, passenger or cargo-carrying capacity, reliability, refueling capability, vehicle mix, and economical operation and maintenance); and
(iv)
establishment of a fleet requirement program by rule under this subsection will not result in unfair competitive advantages or disadvantages, or result in undue economic hardship, to the affected fleets.
(2)
The Secretary shall not promulgate a rule under this subsection if he is unable to make affirmative findings in the case of each of the subparagraphs under paragraph (1), and each of the clauses under subparagraph (C) of paragraph (1).
(3)
If the Secretary does not determine that such program is necessary under this subsection, the provisions of subsection (e) shall apply to the consideration in the future of any fleet requirement program. The record of this rulemaking, including the Secretary's findings, shall be incorporated into a rulemaking under that subsection. If the Secretary determines under this subsection that such program is necessary, the Secretary shall not initiate the later rulemaking under subsection (e).
(c)

Advance Notice of Proposed Rulemaking.—
Not later than April 1, 1998, the Secretary shall publish an advance notice of proposed rulemaking for the purpose of—
(1)
evaluating the progress toward achieving the goals of replacement fuel use described in section 502(b)(2), as modified under section 504;
(2)
identifying the problems associated with achieving those goals;
(3)
assessing the adequacy and practicability of those goals; and
(4)
considering all actions needed to achieve those goals.
The Secretary shall provide for at least 3 regional hearings on the advance notice of proposed rulemaking, with respect to which official transcripts shall be maintained. The comment period in connection with such advance notice of proposed rulemaking shall be completed within 7 months after publication of the advance notice.
(d)

Proposed Rule.—
Before May 1, 1999, the Secretary shall publish in the Federal Register a proposed rule for the rule required under subsection (g), and shall provide for a public comment period, with hearings, of not less than 90 days.
(e)

Determination.—
(1)
Not later than January 1, 2000, the Secretary shall, through the rule required under subsection (g), determine whether a fleet requirement program is necessary under this section. Such a program shall be considered necessary and a rule therefor shall be promulgated if the Secretary finds that—
(A)
the goal of replacement fuel use described in section 502(b)(2)(B), as modified under section 504, is not expected to be actually achieved by 2010, or such other date as is established under section 504, by voluntary means or pursuant to this title or any other law without such a fleet requirement program, taking into consideration the status of the achievement of the interim goal described in section 502(b)(2)(A), as modified under section 504; and
(B)
such goal is practicable and actually achievable within periods specified in section 502(b)(2), as modified under section 504, through implementation of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals.
(2)
The rule under subsection (b) or (g) shall also modify the goal described in section 502(b)(2)(B) and establish a revised goal pursuant to section 504 if the Secretary determines, based on the proceeding required under subsection (a) or (c), that the goal in effect at the time of that proceeding is inadequate or impracticable, and not expected to be achievable. Such goal as modified and established shall be applicable in making the findings described in paragraph (1). If the Secretary modifies the goal under this paragraph, he may also modify the percentages stated in subsection (a)(1) or (g)(1) and the minimum percentage stated in subsection (a)(2) or (g)(2) shall be not less than 10 percent.
(f)

Explanation of Determination That Fleet Requirement Program Is Not Necessary.—
If the Secretary determines, based on findings under subsection (b) or (e), that a fleet requirement program under this section is not necessary, the Secretary shall—
(1)
by December 15, 1996, with respect to a rulemaking under subsection (b); and
(2)
by January 1, 2000, with respect to a rulemaking under subsection (e),
publish such determination in the Federal Register as a final agency action, including an explanation of the findings on which such determination is made and the basis for the determination.
(g)

Fleet Requirement Program.—
(1)
If the Secretary determines under subsection (e) that a fleet requirement program is necessary, the Secretary shall, by January 1, 2000, by rule require that, except as provided in paragraph (2), of the total number of new light duty motor vehicles acquired for a fleet, other than a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person under section 501—
(A)
20 percent of the motor vehicles acquired in model year 2002;
(B)
40 percent of the motor vehicles acquired in model year 2003;
(C)
60 percent of the motor vehicles acquired in model year 2004; and
(D)
70 percent of the motor vehicles acquired in model year 2005 and thereafter,
shall be alternative fueled vehicles.
(2)
The Secretary may not establish percentage requirements higher than those described in paragraph (1). The Secretary may, if appropriate, and pursuant to a rule under subsection (g), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 2002 (when model year 2003 begins) for initiating the fleet requirements under paragraph (1).
(3)
Nothing in this title shall be construed as requiring any fleet to acquire alternative fueled vehicles or alternative fuels that do not meet the normal business requirements and practices and needs of that fleet.
(4)
A vehicle operating only on gasoline that complies with applicable requirements of the Clean Air Act shall not be considered an alternative fueled vehicle under subsection (b) or this subsection, except that the Secretary, as part of the rule under subsection (b) or this subsection, may determine that such vehicle should be treated as an alternative fueled vehicle for purposes of this section, for fleets subject to part C of title II of the Clean Air Act, taking into consideration the impact on energy security and the goals stated in section 502(a).
(h)

Extension of Deadlines.—
The Secretary may, by notice published in the Federal Register, extend the deadlines established under subsections (e), (f)(2), and (g) for an additional 90 days if the Secretary is unable to meet such deadlines. Such extension shall not be reviewable.
(i)

Exemptions.—
(1)
A rule issued under subsection (b), (g), or (o) shall provide for the prompt exemption by the Secretary, through a simple and reasonable process, of any fleet from the requirements of subsection (b), (g), or (o), in whole or in part, if it is demonstrated to the satisfaction of the Secretary that—
(A)
alternative fueled vehicles that meet the normal requirements and practices of the principal business of the fleet owner are not reasonably available for acquisition;
(B)
alternative fuels that meet the normal requirements and practices of the principal business of the fleet owner are not available in the area in which the vehicles are to be operated; or
(C)
in the case of State and local government entities, the application of such requirements would pose an unreasonable financial hardship.
(2)
In the case of private fleets, if the motor vehicles, when under normal operations, are garaged at personal residences at night, such motor vehicles shall be exempt from the requirements of subsections (b) and (g).
(j)

Conversions.—
Nothing in this title or the amendments made by this title shall require a fleet owner to acquire conversion vehicles.
(k)

Inclusion of Law Enforcement Vehicles and Urban Buses.—
(1)
If the Secretary determines, by rule, that the inclusion of fleets of law enforcement motor vehicles in the fleet requirement program established under subsection (g) would contribute to achieving the goal described in section 502(b)(2)(B), as modified under section 504, and the Secretary finds that such inclusion would not hinder the use of the motor vehicles for law enforcement purposes, the Secretary may include such fleets in such program. The Secretary may only initiate one rulemaking under this paragraph.
(2)
If the Secretary determines, by rule, that the inclusion of new urban buses, as defined by the Administrator under title II of the Clean Air Act, in a fleet requirement program established under subsection (g) would contribute to achieving the goal described in section 502(b)(2)(B), as modified under section 504, the Secretary may include such urban buses in such program, if the Secretary finds that such application will be consistent with energy security goals and the needs and objectives of encouraging and facilitating the greater use of such urban buses by the public, taking into consideration the impact of such application on public transit entities. The Secretary may only initiate one rulemaking under this paragraph.
(3)
Rulemakings under paragraph (1) or (2) shall be separate from a rulemaking under subsection (g), but may not occur unless a rulemaking is carried out under subsection (g).
(l)

Consideration of Factors.—
In carrying out this section, the Secretary shall take into consideration energy security, costs, safety, lead time requirements, vehicle miles traveled annually, effect on greenhouse gases, technological feasibility, energy requirements, economic impacts, including impacts on workers and the impact on consumers (including users of the alternative fuel for purposes such as for residences, agriculture, process use, and non-fuel purposes) and fleets, the availability of alternative fuels and alternative fueled vehicles, and other relevant factors.
(m)

Consultation and Participation of Other Federal Agencies.—
In carrying out this section and section 506, the Secretary shall consult with the Secretary of Transportation, the Administrator, and other appropriate Federal agencies. The Secretary shall provide for the participation of the Secretary of Transportation and the Administrator in the development and issuance of the rule under this section, including the public process concerning such rule.
(n)

Petitions.—
As part of the rule promulgated either pursuant to subsection (b) or (g) of this section, the Secretary shall establish procedures for any fleet owner or operator or motor vehicle manufacturer to request that the Secretary modify or suspend a fleet requirement program established under either subsection nationally, by region, or in an applicable fleet area because, as demonstrated by the petitioner, the infrastructure or fuel supply or distribution system for an applicable alternative fuel is inadequate to meet the needs of a fleet. In the event that the Secretary determines that a modification or suspension of the fleet requirement program on a regional basis would detract from the nationwide character of any fleet requirement program established by rule or would sufficiently diminish the economies of scale for the production of alternative fueled vehicles or alternative fuels and thereafter the practicability and effectiveness of such program, the Secretary may only modify or suspend the program nationally. The procedures shall include provisions for notice and public hearings. The Secretary shall deny or grant the petition within 180 days after filing.
(o)

Mandatory State Fleet Programs.—
(1)
Pursuant to a rule promulgated by the Secretary, beginning in calendar year 1995 (when model year 1996 begins), the following percentages of new light duty motor vehicles acquired annually for State government fleets, including agencies thereof, but not municipal fleets, shall be alternative fueled vehicles:
(A)
10 percent of the motor vehicles acquired in model year 1996;
(B)
15 percent of the motor vehicles acquired in model year 1997;
(C)
25 percent of the motor vehicles acquired in model year 1998;
(D)
50 percent of the motor vehicles acquired in model year 1999;
(E)
75 percent of the motor vehicles acquired in model year 2000 and thereafter.
(2)
(A)
The Secretary shall within 18 months after the date of the enactment of this Act promulgate a rule providing that a State may submit a plan within 12 months after such promulgation containing a light duty alternative fueled vehicle plan for State fleets to meet the annual percentages established under paragraph (1) for the acquisition of light duty motor vehicles. The plan shall provide for the voluntary conversion or acquisition or combination thereof, beyond any acquisition required by this title, of such motor vehicles by State, local, or private fleets, in numbers greater than or equal to the number of State alternative fueled vehicles required pursuant to paragraph (1).
(B)
The plan, if approved by the Secretary, would be in lieu of the State meeting such annual percentages solely through purchases of new State-owned vehicles. All conversions or acquisitions or combinations thereof of any alternative fueled vehicles under the plan must be voluntary and must conform with the requirements of section 247 of the Clean Air Act and must comply with applicable safety requirements. The Secretary of Transportation shall within 3 years after enactment promulgate rules setting forth safety standards in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 applicable to all conversions.
[42 U.S.C. 13257]
SEC. 508.

CREDITS.
(a)

Definitions.—
In this section:
(1)

Fuel cell electric vehicle.—
The term “fuel cell electric vehicle” means an on-road or non-road vehicle that uses a fuel cell (as defined in section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).
(2)

Hybrid electric vehicle.—
The term “hybrid electric vehicle” means a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of the Internal Revenue Code of 1986).
(3)

Medium- or heavy-duty electric vehicle.—
The term “medium- or heavy-duty electric vehicle” means an electric, hybrid electric, or plug-in hybrid electric vehicle with a gross vehicle weight of more than 8,501 pounds.
(4)

Neighborhood electric vehicle.—
The term “neighborhood electric vehicle” means a 4-wheeled on-road or nonroad vehicle that—
(A)
has a top attainable speed in 1 mile of more than 20 mph and not more than 25 mph on a paved level surface; and
(B)
is propelled by an electric motor and on-board, rechargeable energy storage system that is rechargeable using an off-board source of electricity.
(5)

Plug-in electric drive vehicle.—
The term “plug-in electric drive vehicle” means a vehicle that—
(A)
draws motive power from a battery with a capacity of at least 4 kilowatt-hours;
(B)
can be recharged from an external source of electricity for motive power; and
(C)
is a light-, medium-, or heavy duty motor vehicle or nonroad vehicle (as those terms are defined in section 216 of the Clean Air Act (42 U.S.C. 7550)).
(b)

In General.—
(1)

Allocation.—
The Secretary shall allocate a credit to a fleet or covered person that is required to acquire an alternative fueled vehicle under this title, if that fleet or person acquires an alternative fueled vehicle in excess of the number that fleet or person is required to acquire under this title or acquires an alternative fueled vehicle before the date that fleet or person is required to acquire an alternative fueled vehicle under such title.
(2)

Electric vehicles.—
Not later than January 31, 2009, the Secretary shall—
(A)
allocate credit in an amount to be determined by the Secretary for—
(i)
acquisition of—
(I)
a hybrid electric vehicle;
(II)
a plug-in electric drive vehicle;
(III)
a fuel cell electric vehicle;
(IV)
a neighborhood electric vehicle; or
(V)
a medium- or heavy-duty electric vehicle; and
(ii)
investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the Secretary; and
(B)
allocate more than 1, but not to exceed 5, credits for investment in an emerging technology relating to any vehicle described in subparagraph (A) to encourage—
(i)
a reduction in petroleum demand;
(ii)
technological advancement; and
(iii)
a reduction in vehicle emissions.
(c)

Allocation.—
In allocating credits under subsection (b), the Secretary shall allocate one credit for each alternative fueled vehicle the fleet or covered person acquires that exceeds the number of alternative fueled vehicles that fleet or person is required to acquire under this title or that is acquired before the date that fleet or person is required to acquire an alternative fueled vehicle under such title. In the event that a vehicle is acquired before the date otherwise required, the Secretary shall allocate one credit per vehicle for each year the vehicle is acquired before the required date. The credit shall be allocated for the same type vehicle as the excess vehicle or earlier acquired vehicle.
(d)

Use of Credits.—
At the request of a fleet or covered person allocated a credit under this section, the Secretary shall treat the credit as the acquisition of one alternative fueled vehicle of the type for which the credit is allocated in the year designated by that fleet or person when determining whether that fleet or person has complied with this title in the year designated. A credit may be counted toward compliance for only one year.
(e)

Transferability.—
A fleet or covered person allocated a credit under this section or to whom a credit is transferred under this section, may transfer freely the credit to another fleet or person who is required to comply with this title. At the request of the fleet or person to whom a credit is transferred, the Secretary shall treat the transferred credit as the acquisition of one alternative fueled vehicle of the type for which the credit is allocated in the year designated by the fleet or person to whom the credit is transferred when determining whether that fleet or person has complied with this title in the year designated. A transferred credit may be counted toward compliance for only one year. In the case of the alternative fuel provider program under section 501, a transferred credit may be counted toward compliance only if the requirement of section 501(a)(4) is met.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013.
[42 U.S.C. 13258]
SEC. 509.

SECRETARY'S RECOMMENDATIONS TO CONGRESS.
(a)

Recommendations To Require Availability or Acquisition.—
If the Secretary determines, under section 507(f), that a fleet requirement program under section 507 is not necessary, the Secretary shall so notify the Congress. If the Secretary so notifies the Congress, the Secretary shall, within 2 years after such notification and by rule, prepare and submit to the Congress recommendations for requirements or incentives for—
(1)
fuel suppliers to make available to the public replacement fuels, including providing for the construction or availability of related fuel delivery systems;
(2)
suppliers of alternative fueled vehicles to make available to the public alternative fueled vehicles and to ensure the availability of necessary related services; and
(3)
motor vehicle drivers to use replacement fuels,
to the extent necessary to achieve such goals of replacement fuel use and to ensure that the availability of alternative fuels and of alternative fueled vehicles are consistent with each other.
(b)

Fair and Equitable Application.—
In carrying out this section, the Secretary shall recommend the imposition of requirements proportionately on all appropriate fuel suppliers and purchasers of motor fuels and suppliers and purchasers of motor vehicles in a fair and equitable manner.
[42 U.S.C. 13259]
SEC. 510.

EFFECT ON OTHER LAWS.
(a)

In General.—
Nothing in this Act or the amendments made by this Act shall be construed to alter, affect, or modify the provisions of the Clean Air Act, or regulations issued thereunder.
(b)

Compliance by Alternative Fueled Vehicles.—
Alternative fueled vehicles, whether dedicated vehicles or dual fueled vehicles, and the alternative fuels for operating such vehicles, shall comply with requirements of the Clean Air Act applicable to such vehicles and fuels.
[42 U.S.C. 13260]
SEC. 511.

PROHIBITED ACTS.
It shall be unlawful for any person to violate any provision of section 501, 503(b), 507, or 514, or any regulation issued under such sections.
[42 U.S.C. 13261]
SEC. 512.

ENFORCEMENT.
(a)
Whoever violates section 511 shall be subject to a civil penalty of not more than $5,000 for each violation.
(b)
Whoever willfully violates section 511 shall be fined not more than $10,000 for each violation.
(c)
Any person who knowingly and willfully violates section 511 after having been subjected to a civil penalty for a prior violation of section 511 shall be fined not more than $50,000.
[42 U.S.C. 13262]
SEC. 513.

POWERS OF THE SECRETARY.
For the purpose of carrying out title III, title IV, this title, and title VI, the Secretary, or the duly designated agent of the Secretary, may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary of Transportation is authorized to do under section 505(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1)).
[42 U.S.C. 13263]
SEC. 514.

ALTERNATIVE COMPLIANCE.
(a)

Application for Waiver.—
Any covered person subject to section 501 and any State subject to section 507(o) may petition the Secretary for a waiver of the applicable requirements of section 501 or 507(o).
(b)

Grant of Waiver.—
The Secretary shall grant a waiver of the requirements of section 501 or 507(o) on a showing that the fleet owned, operated, leased, or otherwise controlled by the State or covered person—
(1)
will achieve a reduction in the annual consumption of petroleum fuels by the fleet equal to—
(A)
the reduction in consumption of petroleum that would result from 100 percent cumulative compliance with the fuel use requirements of section 501; or
(B)
in the case of an entity covered under section 507(o), a reduction equal to the annual consumption by the State entity of alternative fuels if all of the cumulative alternative fuel vehicles of the State entity given credit under section 508 were to use alternative fuel 100 percent of the time; and
(2)
is in compliance with all applicable vehicle emission standards established by the Administrator of the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)

Reporting Requirement.—
Not later than December 31 of a model year, any State or covered person granted a waiver under this section for the preceding model year shall submit to the Secretary an annual report that—
(1)
certifies the quantity of the petroleum motor fuel reduction of the State or covered person during the preceding model year; and
(2)
projects the baseline quantity of the petroleum motor fuel reduction of the State or covered person during the following model year.
(d)

Revocation of Waiver.—
If a State or covered person that receives a waiver under this section fails to comply with this section, the Secretary—
(1)
shall revoke the waiver; and
(2)
may impose on the State or covered person a penalty under section 512.
[42 U.S.C. 13263a]
SEC. 515.

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for carrying out this title $10,000,000 for each of the fiscal years 1993 through 1997, and such sums as may be necessary for fiscal years 1998 through 2000.
[42 U.S.C. 13264]
TITLE VI—

ELECTRIC MOTOR VEHICLES
SEC. 601.

DEFINITIONS.
For the purposes of this title—
(1)
the term “antitrust laws” means the Acts set forth in section 1 of the Clayton Act (15 U.S.C. 12);
(2)
the term “associated equipment” means equipment necessary for the regeneration, refueling, or recharging of batteries or other forms of electric energy used to power an electric motor vehicle and, in the case of electric-hybrid vehicles, such term includes nonpetroleum-related equipment necessary for, and solely related to, the demonstration of such vehicles;
(3)
the term “discount payment” means the amount determined pursuant to section 613 of this title;
(4)
the term “electric motor vehicle” means a motor vehicle primarily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays, or other sources of electric current and may include an electric-hybrid vehicle;
(5)
the term “electric-hybrid vehicle” means a vehicle primarily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other source of electric current and also relies on a non-electric source of power;
(6)
the term “eligible metropolitan area” means any Metropolitan Area (as such term is defined by the Office of Management and Budget pursuant to section 3504 of title 44, United States Code) with a 1980 population of 250,000 or more that has been designated by a proposer and the Secretary for a demonstration project under this title, except that the Secretary may designate an area with a 1990 population of 50,000 or more as an eligible metropolitan area;
(7)
the term “infrastructure and support systems” includes support and maintenance services and facilities, electricity delivery mechanisms and methods, regulatory treatment of investment in electric motor vehicles and associated equipment, consumer education programs, safety and health procedures, and battery availability, replacement, recycling, and disposal, that may be required to enable electric utilities, manufacturers, and others to support the operation and maintenance of electric motor vehicles and associated equipment;
(8)
the term “motor vehicle” has the meaning given such term under section 216(2) of the Clean Air Act (42 U.S.C. 7550(2));
(9)
the term “non-Federal person” means an entity not part of the Federal Government that is either—
(A)
organized under the laws of the United States or the laws of a State of the United States; or
(B)
a unit of State or local government;
(10)
the term “proposer” means a non-Federal person that submits a proposal to conduct a demonstration project under this title;
(11)
the term “price differential” means—
(A)
in the case of a purchased electric motor vehicle, the difference between the manufacturer's suggested retail price of such electric motor vehicle and the manufacturer's suggested retail price of a comparable conventionally fueled motor vehicle; and
(B)
in the case of a leased electric motor vehicle, the difference between the monthly lease payment of such electric motor vehicle over the life of the lease and the monthly lease payment of a comparable conventionally fueled motor vehicle over the life of the lease; and
(12)
the term “user” means a person or entity that purchases or leases an electric motor vehicle.
[42 U.S.C. 13271]
Subtitle A—

Electric Motor Vehicle Commercial Demonstration Program
SEC. 611.

PROGRAM AND SOLICITATION.
(a)

Program.—
The Secretary shall conduct a program to demonstrate electric motor vehicles and the associated equipment of such vehicles, in consultation with the Electric and Hybrid Vehicle Program Site Operators, manufacturers, the electric utility industry, and such other persons as the Secretary considers appropriate. Such program shall be—
(1)
designed to accelerate the development and use of electric motor vehicles; and
(2)
structured to evaluate the performance of such electric motor vehicles in field operation, including fleet operation, and evaluate the necessary supporting infrastructure.
(b)

Solicitation.—
(1)
Not later than 18 months after the date of enactment of this Act, the Secretary shall solicit proposals to demonstrate electric motor vehicles and associated equipment in one or more eligible metropolitan areas. The Secretary may make additional solicitations for proposals if the Secretary determines that such solicitations are necessary to carry out this subtitle.
(2)
(A)
Solicitations for proposals under this subsection shall require the proposer to include a description, including the manufacturer or manufacturers of the electric motor vehicles; the proposed users of the electric motor vehicles; the eligible metropolitan area or areas involved; the number of electric motor vehicles to be demonstrated and their type, characteristics, and life-cycle costs; the price differential; the proposed discount payment; the contributions of State or local governments and other persons to the demonstration project; the type of associated equipment to be demonstrated; the domestic content of the electric motor vehicles and associated equipment; and any other information the Secretary considers appropriate.
(B)
If the proposal includes a lease arrangement, the proposal shall indicate the terms of such lease arrangement for the electric motor vehicles or associated equipment.
(3)
The solicitation for proposals under this subsection shall establish a closing date for receipt of proposals. The Secretary may, if necessary, extend the closing date for receipt of proposals for a period not to exceed 90 days.
[42 U.S.C. 13281]
SEC. 612.

SELECTION OF PROPOSALS.
(a)

Selection.—
(1)
The Secretary, in consultation with the Secretary of Transportation, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall, not later than 120 days after the closing date, as established by the Secretary, for receipt of proposals under section 611, select at least one, but not more than 10, proposals to receive financial assistance under section 613.
(2)
The Secretary may select more than 10 proposals under this section, if the Secretary determines that the total amount of available funds is not likely to be otherwise utilized.
(3)
Any proposal selected under paragraph (1) must satisfy the limitations set forth in section 613(c).
(4)
No one project selected under this section shall receive more than 25 percent of the funds authorized under section 616.
(5)
A demonstration project may not include electric motor vehicles in more than one eligible metropolitan area, unless the total number of electric motor vehicles in that project is equal to, or greater than, 100.
(b)

Criteria.—
In selecting a proposal and in negotiating financial assistance under this section, the Secretary shall consider—
(1)
the ability of the manufacturer, directly, indirectly, or in combination with the proposer, to develop, assist in the demonstration of, manufacture, distribute, sell, provide warranties for, service, and ensure the continued availability of parts for, electric motor vehicles in the demonstration project;
(2)
the geographic and climatic diversity of the eligible metropolitan area or areas in which the demonstration project is to be undertaken, when considered in combination with other proposals and other selected demonstration projects;
(3)
the long-term technical and competitive viability of the electric motor vehicles;
(4)
the suitability of the electric motor vehicles for their intended uses;
(5)
the environmental effects of the use of the proposed electric motor vehicles;
(6)
the price differential and the proposed discount payment;
(7)
the extent of involvement of State or local government and other persons in the demonstration project, and whether such involvement will—
(A)
permit a reduction of the Federal cost share per vehicle; or
(B)
otherwise be used to allow the Federal contribution to be provided for a greater number of electric motor vehicles;
(8)
the proportion of domestic content of the electric motor vehicles and associated equipment;
(9)
the safety of the electric motor vehicles; and
(10)
such other criteria as the Secretary considers appropriate.
(c)

Conditions.—
The Secretary shall require that—
(1)
as a part of a demonstration project, the user or users of the electric motor vehicles will provide to the proposer and the manufacturer information regarding the operation, maintenance, performance, and use of the electric motor vehicles for 5 years after the beginning of the demonstration project;
(2)
the proposer shall provide to the Secretary such information regarding the operation, maintenance, performance, and use of the electric motor vehicles as the Secretary may request during the period of the demonstration project;
(3)
in the case of a demonstration project including automobiles or light duty trucks, the number of electric motor vehicles to be included in the demonstration project shall be no less than 50, except that the Secretary may select a demonstration project with fewer than 50 electric motor vehicles if the Secretary determines that selection of such a proposal will ensure that there is geographic or climatic diversity among the proposals selected and that an adequate demonstration to accelerate the development and use of electric motor vehicles can be undertaken with fewer than 50 electric motor vehicles; and
(4)
the procurement practices of the manufacturer do not discriminate against United States producers of vehicle parts.
[42 U.S.C. 13282]
SEC. 613.

DISCOUNT PAYMENTS.
(a)

Certification.—
The Secretary shall provide a discount payment to a proposer of a proposal selected under this subtitle for purposes of reimbursing the proposer for a discount provided to the users if the proposer certifies to the Secretary that—
(1)
the electric motor vehicles have been purchased or leased by a user or users in accordance with the requirements of this subtitle; and
(2)
the proposer has provided to the user or users a discount payment in accordance with the requirements of this subtitle.
(b)

Payment.—
Not later than 30 days after receipt from the proposer of certification that the Secretary determines satisfies the requirements of subsection (a), the Secretary shall pay to the proposer the full amount of the discount payment, to the extent provided in advance in appropriations Acts.
(c)

Calculations of Discount Payments.—
(1)
The discount payment shall be no greater than—
(A)
the price differential; or
(B)
the price of the comparable conventionally fueled motor vehicle.
(2)
The purchase price of the electric motor vehicle, less the discount payment and less any additional reduction in the purchase price of the electric motor vehicle that may result from contributions provided by other parties, may not be less than the manufacturer's suggested retail price of a comparable conventionally fueled motor vehicle.
(3)
The maximum discount payment shall be no greater than $10,000 per electric motor vehicle.
[42 U.S.C. 13283]
SEC. 614.

COST-SHARING.
(a)

Requirement.—
The Secretary shall require at least 50 percent of the costs directly and specifically related to any project under this subtitle to be from non-Federal sources. Such share may be in the form of cash, personnel, services, equipment, and other resources.
(b)

Reduction.—
The Secretary may reduce the amount of costs required to be provided by non-Federal sources under subsection (a) if the Secretary determines that the reduction is necessary and appropriate—
(1)
considering the technological risks involved in the project; and
(2)
in order to meet the objectives of this subtitle.
[42 U.S.C. 13284]
SEC. 615.

REPORTS TO CONGRESS.
(a)

Progress Reports.—
The Secretary shall report annually to Congress on the progress being made, through demonstration projects supported under this subtitle, to accelerate the development and use of electric motor vehicles.
(b)

Report on Encouraging the Purchase and Use of Electric Motor Vehicles.—
Within 18 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report on methods for encouraging the purchase and use of electric motor vehicles. Such report shall—
(1)
address the potential cost of purchasing and maintaining electric motor vehicles, including the initial cost of the batteries and the cost of replacement batteries;
(2)
identify methods for reducing, subsidizing, or sharing such costs; and
(3)
include recommendations for legislative and administrative measures to encourage the purchase and use of electric motor vehicles.
[42 U.S.C. 13285]
SEC. 616.

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for purposes of this subtitle $50,000,000 for the 10-year period beginning with the first full fiscal year after the date of enactment of this Act, to remain available until expended.
[42 U.S.C. 13286]
Subtitle B—

Electric Motor Vehicle Infrastructure and Support Systems Development Program
SEC. 621.

GENERAL AUTHORITY.
(a)

Program.—
The Secretary shall undertake a program with one or more non-Federal persons, including fleet operators, for cost-shared research, development, demonstration, or commercial application of an infrastructure and support systems program.
(b)

Eligibility.—
A non-Federal person shall be eligible to receive financial assistance under this subtitle only if such person demonstrates, to the satisfaction of the Secretary, that the person will conduct a substantial portion of activities under the project in the United States using domestic labor and materials.
(c)

Coordination.—
Activities under this subtitle shall be coordinated with activities under subtitle A.
[42 U.S.C. 13291]
SEC. 622.

PROPOSALS.
(a)

Solicitation.—
Not later than one year after the date of enactment of this Act, the Secretary shall solicit proposals from non-Federal persons, including fleet operators, for projects under this subtitle. Within 240 days after proposals have been solicited, the Secretary shall select proposals.
(b)

Criteria.—
(1)
The Secretary shall provide financial assistance to no more than 10 projects under this subtitle, unless the Secretary determines that the total amount of available funds is not likely to be otherwise used.
(2)
The proposals selected by the Secretary shall, to the extent practicable, represent geographically and climatically diverse regions of the United States.
(3)
The aggregate Federal financial assistance for each project under this subtitle may not exceed $4,000,000.
(c)

Projects.—
The infrastructure and support systems programs for which projects are selected under this subtitle may address—
(1)
the ability to service electric motor vehicles and to provide or service associated equipment;
(2)
the installation of charging facilities;
(3)
rates and cost recovery for electric utilities who invest in infrastructure capital-related expenditures;
(4)
the development of safety and health procedures and guidelines related to battery charging, watering, and emissions;
(5)
the conduct of information dissemination programs; and
(6)
such other subjects as the Secretary considers necessary in order to address the infrastructure and support systems needed to support the development and use of energy storage technologies, including advanced batteries, and the demonstration of electric motor vehicles.
[42 U.S.C. 13292]
SEC. 623.

PROTECTION OF PROPRIETARY INFORMATION.
(a)

In General.—
In the case of activities, including joint venture activities, under this title, and in the case of any existing or future activities, including joint venture activities, related primarily to battery technology for electric motor vehicles under other provisions of law, where the knowledge resulting from research and development activities conducted pursuant to such activities, including joint venture activities, is for the benefit of the participants (particularly domestic companies) that provide financial resources to a project under this title, the Secretary, for a period of up to 5 years after the development of information that—
(1)
results from research and development activities conducted under this title; and
(2)
would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from a participant,
shall, notwithstanding any other provision of law, provide appropriate protections against the dissemination of such information to the public, and the provisions of section 1905 of title 18, United States Code, shall apply to such information. Nothing in this subsection provides protections against the dissemination of such information to Congress.
(b)

Definition.—
For purposes of subsection (a), the term “domestic companies” means entities which are substantially involved in the United States in the domestic production of motor vehicles for sale in the United States and have a substantial percentage of their production facilities in the United States.
[42 U.S.C. 13293]
SEC. 624.

COMPLIANCE WITH EXISTING LAW.
Nothing in this title shall be deemed to convey to any person, partnership, corporation, or other entity, immunity from civil or criminal liability under any antitrust law or to create defenses to actions under any antitrust law.
[42 U.S.C. 13294]
SEC. 626.

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for purposes of this subtitle $40,000,000 for the 5-year period beginning with the first full fiscal year after the date of enactment of this Act, to remain available until expended.
[42 U.S.C. 13296]
TITLE VII—

ELECTRICITY
Subtitle A—

Exempt Wholesale Generators
SEC. 711.

PUBLIC UTILITY HOLDING COMPANY ACT REFORM.
The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 and following) is amended by redesignating sections 32 and 33 as sections 34 and 35 respectively and by adding the following new section after section 31:
“SEC. 32.

EXEMPT WHOLESALE GENERATORS.
“(a)

Definitions.—
For purposes of this section—
“(1)

Exempt wholesale generator.—
The term ‘exempt wholesale generator’ means any person determined by the Federal Energy Regulatory Commission to be engaged directly, or indirectly through one or more affiliates as defined in section 2(a)(11)(B), and exclusively in the business of owning or operating, or both owning and operating, all or part of one or more eligible facilities and selling electric energy at wholesale. No person shall be deemed to be an exempt wholesale generator under this section unless such person has applied to the Federal Energy Regulatory Commission for a determination under this paragraph. A person applying in good faith for such a determination shall be deemed an exempt wholesale generator under this section, with all of the exemptions provided by this section, until the Federal Energy Regulatory Commission makes such determination. The Federal Energy Regulatory Commission shall make such determination within 60 days of its receipt of such application and shall notify the Commission whenever a determination is made under this paragraph that any person is an exempt wholesale generator. Not later than 12 months after the date of enactment of this section, the Federal Energy Regulatory Commission shall promulgate rules implementing the provisions of this paragraph. Applications for determination filed after the effective date of such rules shall be subject thereto.
“(2)

Eligible facility.—
The term ‘eligible facility’ means a facility, wherever located, which is either—
“(A)
used for the generation of electric energy exclusively for sale at wholesale, or
“(B)
used for the generation of electric energy and leased to one or more public utility companies; Provided, That any such lease shall be treated as a sale of electric energy at wholesale for purposes of sections 205 and 206 of the Federal Power Act.
Such term shall not include any facility for which consent is required under subsection (c) if such consent has not been obtained. Such term includes interconnecting transmission facilities necessary to effect a sale of electric energy at wholesale. For purposes of this paragraph, the term ‘facility’ may include a portion of a facility subject to the limitations of subsection (d) and shall include a facility the construction of which has not been commenced or completed.
“(3)

Sale of electric energy at wholesale.—
The term ‘sale of electric energy at wholesale’ shall have the same meaning as provided in section 201(d) of the Federal Power Act (16 U.S.C. 824(d)).
“(4)

Retail rates and charges.—
The term ‘retail rates and charges’ means rates and charges for the sale of electric energy directly to consumers.
“(b)

Foreign Retail Sales.—
Notwithstanding paragraphs (1) and (2) of subsection (a), retail sales of electric energy produced by a facility located in a foreign country shall not prevent such facility from being an eligible facility, or prevent a person owning or operating, or both owning and operating, such facility from being an exempt wholesale generator if none of the electric energy generated by such facility is sold to consumers in the United States.
“(c)

State Consent for Existing Rate-Based Facilities.—
If a rate or charge for, or in connection with, the construction of a facility, or for electric energy produced by a facility (other than any portion of a rate or charge which represents recovery of the cost of a wholesale rate or charge) was in effect under the laws of any State as of the date of enactment of this section, in order for the facility to be considered an eligible facility, every State commission having jurisdiction over any such rate or charge must make a specific determination that allowing such facility to be an eligible facility (1) will benefit consumers, (2) is in the public interest, and (3) does not violate State law; Provided, That in the case of such a rate or charge which is a rate or charge of an affiliate of a registered holding company:
“(A)
such determination with respect to the facility in question shall be required from every State commission having jurisdiction over the retail rates and charges of the affiliates of such registered holding company; and
“(B)
the approval of the Commission under this Act shall not be required for the transfer of the facility to an exempt wholesale generator.
“(d)

Hybrids.—
(1)
No exempt wholesale generator may own or operate a portion of any facility if any other portion of the facility is owned or operated by an electric utility company that is an affiliate or associate company of such exempt wholesale generator.
“(2)

Eligible Facility.—
Notwithstanding paragraph (1), an exempt wholesale generator may own or operate a portion of a facility identified in paragraph (1) if such portion has become an eligible facility as a result of the operation of subsection (c).
“(e)

Exemption of EWGS.—
An exempt wholesale generator shall not be considered an electric utility company under section 2(a)(3) of this Act and, whether or not a subsidiary company, an affiliate, or an associate company of a holding company, an exempt wholesale generator shall be exempt from all provisions of this Act.
“(f)

Ownership of EWGS by Exempt Holding Companies.—
Notwithstanding any provision of this Act, a holding company that is exempt under section 3 of this Act shall be permitted, without condition or limitation under this Act, to acquire and maintain an interest in the business of one or more exempt wholesale generators.
“(g)

Ownership of EWGS by Registered Holding Companies.—
Notwithstanding any provision of this Act and the Commission's jurisdiction as provided under subsection (h) of this section, a registered holding company shall be permitted (without the need to apply for, or receive, approval from the Commission, and otherwise without condition under this Act) to acquire and hold the securities, or an interest in the business, of one or more exempt wholesale generators.
“(h)

Financing and Other Relationships Between EWGS and Registered Holding Companies.—
The issuance of securities by a registered holding company for purposes of financing the acquisition of an exempt wholesale generator, the guarantee of securities of an exempt wholesale generator by a registered holding company, the entering into service, sales or construction contracts, and the creation or maintenance of any other relationship in addition to that described in subsection (g) between an exempt wholesale generator and a registered holding company, its affiliates and associate companies, shall remain subject to the jurisdiction of the Commission under this Act: Provided, That—
“(1)
section 11 of this Act shall not prohibit the ownership of an interest in the business of one or more exempt wholesale generators by a registered holding company (regardless of where facilities owned or operated by such exempt wholesale generators are located), and such ownership by a registered holding company shall be deemed consistent with the operation of an integrated public utility system;
“(2)
the ownership of an interest in the business of one or more exempt wholesale generators by a registered holding company (regardless of where facilities owned or operated by such exempt wholesale generators are located) shall be considered as reasonably incidental, or economically necessary or appropriate, to the operations of an integrated public utility system;
“(3)
in determining whether to approve (A) the issue or sale of a security by a registered holding company for purposes of financing the acquisition of an exempt wholesale generator, or (B) the guarantee of a security of an exempt wholesale generator by a registered holding company, the Commission shall not make a finding that such security is not reasonably adapted to the earning power of such company or to the security structure of such company and other companies in the same holding company system, or that the circumstances are such as to constitute the making of such guarantee an improper risk for such company, unless the Commission first finds that the issue or sale of such security, or the making of the guarantee, would have a substantial adverse impact on the financial integrity of the registered holding company system;
“(4)
in determining whether to approve (A) the issue or sale of a security by a registered holding company for purposes other than the acquisition of an exempt wholesale generator, or (B) other transactions by such registered holding company or by its subsidiaries other than with respect to exempt wholesale generators, the Commission shall not consider the effect of the capitalization or earnings of any subsidiary which is an exempt wholesale generator upon the registered holding company system, unless the approval of the issue or sale or other transaction, together with the effect of such capitalization and earnings, would have a substantial adverse impact on the financial integrity of the registered holding company system;
“(5)
the Commission shall make its decision under paragraph (3) to approve or disapprove the issue or sale of a security or the guarantee of a security within 120 days of the filing of a declaration concerning such issue, sale or guarantee; and
“(6)
the Commission shall promulgate regulations with respect to the actions which would be considered, for purposes of this subsection, to have a substantial adverse impact on the financial integrity of the registered holding company system; such regulations shall ensure that the action has no adverse impact on any utility subsidiary or its customers, or on the ability of State commissions to protect such subsidiary or customers, and shall take into account the amount and type of capital invested in exempt wholesale generators, the ratio of such capital to the total capital invested in utility operations, the availability of books and records, and the financial and operating experience of the registered holding company and the exempt wholesale generator; the Commission shall promulgate such regulations within 6 months after the enactment of this section; after such 6-month period the Commission shall not approve any actions under paragraph (3), (4) or (5) except in accordance with such issued regulations.
“(i)

Application of Act to Other Eligible Facilities.—
In the case of any person engaged directly and exclusively in the business of owning or operating (or both owning and operating) all or part of one or more eligible facilities, an advisory letter issued by the Commission staff under this Act after the date of enactment of this section, or an order issued by the Commission under this Act after the date of enactment of this section, shall not be required for the purpose, or have the effect, of exempting such person from treatment as an electric utility company under section 2(a)(3) or exempting such person from any provision of this Act.
“(j)

Ownership of Exempt Wholesale Generators and Qualifying Facilities.—
The ownership by a person of one or more exempt wholesale generators shall not result in such person being considered as being primarily engaged in the generation or sale of electric power within the meaning of sections 3(17)(C)(ii) and 3(18)(B)(ii) of the Federal Power Act (16 U.S.C. 796(17)(C)(ii) and 796(18)(B)(ii)).
“(k)

Protection Against Abusive Affiliate Transactions.—
“(1)

Prohibition.—
After the date of enactment of this section, an electric utility company may not enter into a contract to purchase electric energy at wholesale from an exempt wholesale generator if the exempt wholesale generator is an affiliate or associate company of the electric utility company.
“(2)

State authority to exempt from prohibition.—
Notwithstanding paragraph (1), an electric utility company may enter into a contract to purchase electric energy at wholesale from an exempt wholesale generator that is an affiliate or associate company of the electric utility company—
“(A)
if every State commission having jurisdiction over the retail rates of such electric utility company makes each of the following specific determinations in advance of the electric utility company entering into such contract:
“(i)
A determination that such commission has sufficient regulatory authority, resources and access to books and records of the electric utility company and any relevant associate, affiliate or subsidiary company to exercise its duties under this subparagraph.
“(ii)
A determination that the transaction—
“(I)
will benefit consumers,
“(II)
does not violate any State law (including where applicable, least cost planning),
“(III)
would not provide the exempt wholesale generator any unfair competitive advantage by virtue of its affiliation or association with the electric utility company, and
“(IV)
is in the public interest; or
“(B)
if such electric utility company is not subject to State commission retail rate regulation and the purchased electric energy:
“(i)
would not be resold to any affiliate or associate company, or
“(ii)
the purchased electric energy would be resold to an affiliate or associate company and every State commission having jurisdiction over the retail rates of such affiliate or associate company makes each of the determinations provided under subparagraph (A), including the determination concerning a State commission's duties.
“(l)

Reciprocal Arrangements Prohibited.—
Reciprocal arrangements among companies that are not affiliates or associate companies of each other that are entered into in order to avoid the provisions of this section are prohibited.”
.
SEC. 712.

STATE CONSIDERATION OF THE EFFECTS OF POWER PURCHASES ON UTILITY COST OF CAPITAL; CONSIDERATION OF THE EFFECTS OF LEVERAGED CAPITAL STRUCTURES ON THE RELIABILITY OF WHOLESALE POWER SELLERS; AND CONSIDERATION OF ADEQUATE FUEL SUPPLIES.
Section 111 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 and following) is amended by inserting the following new paragraph after paragraph (9):
“(10)

Consideration of the effects of wholesale power purchases on utility cost of capital; effects of leveraged capital structures on the reliability of wholesale power sellers; and assurance of adequate fuel supplies.—
(A)
To the extent that a State regulatory authority requires or allows electric utilities for which it has ratemaking authority to consider the purchase of long-term wholesale power supplies as a means of meeting electric demand, such authority shall perform a general evaluation of:
“(i)
the potential for increases or decreases in the costs of capital for such utilities, and any resulting increases or decreases in the retail rates paid by electric consumers, that may result from purchases of long-term wholesale power supplies in lieu of the construction of new generation facilities by such utilities;
“(ii)
whether the use by exempt wholesale generators (as defined in section 32 of the Public Utility Holding Company Act of 1935) of capital structures which employ proportionally greater amounts of debt than the capital structures of such utilities threatens reliability or provides an unfair advantage for exempt wholesale generators over such utilities;
“(iii)
whether to implement procedures for the advance approval or disapproval of the purchase of a particular long-term wholesale power supply; and
“(iv)
whether to require as a condition for the approval of the purchase of power that there be reasonable assurances of fuel supply adequacy.
“(B)
For purposes of implementing the provisions of this paragraph, any reference contained in this section to the date of enactment of the Public Utility Regulatory Policies Act of 1978 shall be deemed to be a reference to the date of enactment of this paragraph.
“(C)
Notwithstanding any other provision of Federal law, nothing in this paragraph shall prevent a State regulatory authority from taking such action, including action with respect to the allowable capital structure of exempt wholesale generators, as such State regulatory authority may determine to be in the public interest as a result of performing evaluations under the standards of subparagraph (A).
“(D)
Notwithstanding section 124 and paragraphs (1) and (2) of section 112(a), each State regulatory authority shall consider and make a determination concerning the standards of subparagraph (A) in accordance with the requirements of subsections (a) and (b) of this section, without regard to any proceedings commenced prior to the enactment of this paragraph.
“(E)
Notwithstanding subsections (b) and (c) of section 112, each State regulatory authority shall consider and make a determination concerning whether it is appropriate to implement the standards set out in subparagraph (A) not later than one year after the date of enactment of this paragraph.”
.
SEC. 713.

PUBLIC UTILITY HOLDING COMPANIES TO OWN INTERESTS IN COGENERATION FACILITIES.
Public Law 99–186 (99 Stat. 1180, as amended by Public Law 99–553, 100 Stat. 3087), is amended to read as follows:
“Section 1.
Notwithstanding section 11(b)(1) of the Public Utility Holding Company Act of 1935, a company registered under said Act, or a subsidiary company of such registered company, may acquire or retain, in any geographic area, an interest in any qualifying cogeneration facilities and qualifying small power production facilities as defined pursuant to the Public Utility Regulatory Policies Act of 1978, and shall qualify for any exemption relating to the Public Utility Holding Company Act of 1935 prescribed pursuant to section 210 of the Public Utility Regulatory Policies Act of 1978.
“Sec. 2.
Nothing herein shall be construed to affect the applicability of section 3(17)(C) or section 3(18)(B) of the Federal Power Act or any provision of the Public Utility Holding Company Act of 1935, other than section 11(b)(1), to the acquisition or retention of any such interest by any such company.”
.
SEC. 714.

BOOKS AND RECORDS.
Section 201 of the Federal Power Act is amended by adding the following new subsection at the end thereof:
“(g)

Books and Records.—
(1)
Upon written order of a State commission, a State commission may examine the books, accounts, memoranda, contracts, and records of—
“(A)
an electric utility company subject to its regulatory authority under State law,
“(B)
any exempt wholesale generator selling energy at wholesale to such electric utility, and
“(C)
any electric utility company, or holding company thereof, which is an associate company or affiliate of an exempt wholesale generator which sells electric energy to an electric utility company referred to in subparagraph (A),
wherever located, if such examination is required for the effective discharge of the State commission's regulatory responsibilities affecting the provision of electric service.
“(2)
Where a State commission issues an order pursuant to paragraph (1), the State commission shall not publicly disclose trade secrets or sensitive commercial information.
“(3)
Any United States district court located in the State in which the State commission referred to in paragraph (1) is located shall have jurisdiction to enforce compliance with this subsection.
“(4)
Nothing in this section shall—
“(A)
preempt applicable State law concerning the provision of records and other information; or
“(B)
in any way limit rights to obtain records and other information under Federal law, contracts, or otherwise.
“(5)
As used in this subsection the terms ‘affiliate’, ‘associate company’, ‘electric utility company’, ‘holding company’, ‘subsidiary company’, and ‘exempt wholesale generator’ shall have the same meaning as when used in the Public Utility Holding Company Act of 1935.”
.
SEC. 715.

INVESTMENT IN FOREIGN UTILITIES.
The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) is amended by inserting after section 32 the following new section:
“SEC. 33.

TREATMENT OF FOREIGN UTILITIES.
“(a)

Exemptions for Foreign Utility Companies.—
“(1)

In general.—
A foreign utility company shall be exempt from all of the provisions of this Act, except as otherwise provided under this section, and shall not, for any purpose under this Act, be deemed to be a public utility company under section 2(a)(5), notwithstanding that the foreign utility company may be a subsidiary company, an affiliate, or an associate company of a holding company or of a public utility company.
“(2)

State commission certification.—
Section (a)(1) shall not apply or be effective unless every State commission having jurisdiction over the retail electric or gas rates of a public utility company that is an associate company or an affiliate of a company otherwise exempted under section (a)(1) (other than a public utility company that is an associate company or an affiliate of a registered holding company) has certified to the Commission that it has the authority and resources to protect ratepayers subject to its jurisdiction and that it intends to exercise its authority. Such certification, upon the filing of a notice by such State commission, may be revised or withdrawn by the State commission prospectively as to any future acquisition. The requirement of State certification shall be deemed satisfied if the relevant State commission had, prior to the date of enactment of this section, on the basis of prescribed conditions of general applicability, determined that ratepayers of a public utility company are adequately insulated from the effects of diversification and the diversification would not impair the ability of the State commission to regulate effectively the operations of such company.
“(3)

Definition.—
For purposes of this section, the term ‘foreign utility company’ means any company that—
“(A)
owns or operates facilities that are not located in any State and that are used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, if such company—
“(i)
derives no part of its income, directly or indirectly, from the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, within the United States; and
“(ii)
neither the company nor any of its subsidiary companies is a public utility company operating in the United States; and
“(B)
provides notice to the Commission, in such form as the Commission may prescribe, that such company is a foreign utility company.
“(b)

Ownership of Foreign Utility Companies by Exempt Holding Companies.—
Notwithstanding any provision of this Act except as provided under this section, a holding company that is exempt under section 3 of the Act shall be permitted without condition or limitation under the Act to acquire and maintain an interest in the business of one or more foreign utility companies.
“(c)

Registered Holding Companies.—
“(1)

Ownership of foreign utility companies by registered holding companies.—
Notwithstanding any provision of this Act except as otherwise provided under this section, a registered holding company shall be permitted as of the date of enactment of this section (without the need to apply for, or receive approval from the Commission) to acquire and hold the securities or an interest in the business, of one or more foreign utility companies. The Commission shall promulgate rules or regulations regarding registered holding companies' acquisition of interests in foreign utility companies which shall provide for the protection of the customers of a public utility company which is an associate company of a foreign utility company and the maintenance of the financial integrity of the registered holding company system.
“(2)

Issuance of securities.—
The issuance of securities by a registered holding company for purposes of financing the acquisition of a foreign utility company, the guarantee of securities of a foreign utility company by a registered holding company, the entering into service, sales, or construction contracts, and the creation or maintenance of any other relationship between a foreign utility company and a registered holding company, its affiliates and associate companies, shall remain subject to the jurisdiction of the Commission under this Act (unless otherwise exempted under this Act, in the case of a transaction with an affiliate or associate company located outside of the United States). Any State commission with jurisdiction over the retail rates of a public utility company which is part of a registered holding company system may make such recommendations to the Commission regarding the registered holding company's relationship to a foreign utility company, and the Commission shall reasonably and fully consider such State recommendation.
“(3)

Construction.—
Any interest in the business of 1 or more foreign utility companies, or 1 or more companies organized exclusively to own, directly or indirectly, the securities or other interest in a foreign utility company, shall for all purposes of this Act, be considered to be—
“(A)
consistent with the operation of a single integrated public utility system, within the meaning of section 11; and
“(B)
reasonably incidental, or economically necessary or appropriate, to the operations of an integrated public utility system, within the meaning of section 11.
“(d)

Effect on Existing Law; No State Preemption.—
Nothing in this section shall—
“(1)
preclude any person from qualifying for or maintaining any exemption otherwise provided for under this Act or the rules, regulations, or orders promulgated or issued under this Act; or
“(2)
be deemed or construed to limit the authority of any State (including any State regulatory authority) with respect to—
“(A)
any public utility company or holding company subject to such State's jurisdiction; or
“(B)
any transaction between any foreign utility company (or any affiliate or associate company thereof) and any public utility company or holding company subject to such State's jurisdiction.
“(e)

Reporting Requirements.—
“(1)

Filing of reports.—
A public utility company that is an associate company of a foreign utility company shall file with the Commission such reports (with respect to such foreign utility company) as the Commission may by rules, regulations, or order prescribe as necessary or appropriate in the public interest or for the protection of investors or consumers.
“(2)

Notice of acquisitions.—
Not later than 30 days after the consummation of the acquisition of an interest in a foreign utility company by an associate company of a public utility company that is subject to the jurisdiction of a State commission with respect to its retail electric or gas rates or by such public utility company, such associate company or such public utility company, shall provide notice of such acquisition to every State commission having jurisdiction over the retail electric or gas rates of such public utility company, in such form as may be prescribed by the State commission.
“(f)

Prohibition on Assumption of Liabilities.—
“(1)

In general.—
No public utility company that is subject to the jurisdiction of a State commission with respect to its retail electric or gas rates shall issue any security for the purpose of financing the acquisition, or for the purposes of financing the ownership or operation, of a foreign utility company, nor shall any such public utility company assume any obligation or liability as guarantor, endorser, surety, or otherwise in respect of any security of a foreign utility company.
“(2)

Exception for holding companies which are predominantly public utility companies.—
Subsection (f)(1) shall not apply if:
“(A)
the public utility company that is subject to the jurisdiction of a State commission with respect to its retail electric or gas rates is a holding company and is not an affiliate under section 2(a)(11)(B) of another holding company or is not subject to regulation as a holding company and has no affiliate as defined in section 2(a)(11)(A) that is a public utility company subject to the jurisdiction of a State commission with respect to its retail electric or gas rates; and
“(B)
each State commission having jurisdiction with respect to the retail electric and gas rates of such public utility company expressly permits such public utility to engage in a transaction otherwise prohibited under section (f)(1); and
“(C)
the transaction (aggregated with all other then-outstanding transactions exempted under this subsection) does not exceed 5 per centum of the then-outstanding total capitalization of the public utility.
“(g)

Prohibition on Pledging or Encumbering Utility Assets.—
No public utility company that is subject to the jurisdiction of a State commission with respect to its retail electric or gas rates shall pledge or encumber any utility assets or utility assets of any subsidiary thereof for the benefit of an associate foreign utility company.”
.
Subtitle B—

Federal Power Act; Interstate Commerce in Electricity
SEC. 721.

AMENDMENTS TO SECTION 211 OF FEDERAL POWER ACT.
Section 211 of the Federal Power Act (16 U.S.C. 824j) is amended as follows:
(1)
The first sentence of subsection (a) is amended to read as follows: “Any electric utility, Federal power marketing agency, or any other person generating electric energy for sale for resale, may apply to the Commission for an order under this subsection requiring a transmitting utility to provide transmission services (including any enlargement of transmission capacity necessary to provide such services) to the applicant.”.
(2)
In the second sentence of subsection (a), strike “the Commission may” and all that follows and insert “the Commission may issue such order if it finds that such order meets the requirements of section 212, and would otherwise be in the public interest. No order may be issued under this subsection unless the applicant has made a request for transmission services to the transmitting utility that would be the subject of such order at least 60 days prior to its filing of an application for such order.”.
(3)
Amend subsection (b) to read as follows:
“(b)

Reliability of Electric Service.—
No order may be issued under this section or section 210 if, after giving consideration to consistently applied regional or national reliability standards, guidelines, or criteria, the Commission finds that such order would unreasonably impair the continued reliability of electric systems affected by the order.”
.
(4)
In subsection (c)—
(A)
Strike out paragraph (1).
(B)
In paragraph (2) strike “which requires the electric” and insert “which requires the transmitting”.
(C)
Strike out paragraphs (3) and (4).
(5)
In subsection (d)—
(A)
In the first sentence of paragraph (1), strike “electric” and insert “transmitting” in each place it appears.
(B)
In the second sentence of paragraph (1) before “and each affected electric utility,” insert “each affected transmitting utility,”.
(C)
In paragraph (3), strike “electric” and insert “transmitting”.
(D)
Strike the period in subparagraph (B) of paragraph (1) and insert “, or” and after subparagraph (B) insert the following new subparagraph:
“(C)
the ordered transmission services require enlargement of transmission capacity and the transmitting utility subject to the order has failed, after making a good faith effort, to obtain the necessary approvals or property rights under applicable Federal, State, and local laws.”
.
SEC. 722.

TRANSMISSION SERVICES.
Section 212 of the Federal Power Act is amended as follows:
(1)
Strike subsections (a) and (b) and insert the following:
“(a)

Rates, Charges, Terms, and Conditions for Wholesale Transmission Services.—
An order under section 211 shall require the transmitting utility subject to the order to provide wholesale transmission services at rates, charges, terms, and conditions which permit the recovery by such utility of all the costs incurred in connection with the transmission services and necessary associated services, including, but not limited to, an appropriate share, if any, of legitimate, verifiable and economic costs, including taking into account any benefits to the transmission system of providing the transmission service, and the costs of any enlargement of transmission facilities. Such rates, charges, terms, and conditions shall promote the economically efficient transmission and generation of electricity and shall be just and reasonable, and not unduly discriminatory or preferential. Rates, charges, terms, and conditions for transmission services provided pursuant to an order under section 211 shall ensure that, to the extent practicable, costs incurred in providing the wholesale transmission services, and properly allocable to the provision of such services, are recovered from the applicant for such order and not from a transmitting utility's existing wholesale, retail, and transmission customers.”
.
(2)
Subsection (e) is amended to read as follows:
“(e)

Savings Provisions.—
(1)
No provision of section 210, 211, 214, or this section shall be treated as requiring any person to utilize the authority of any such section in lieu of any other authority of law. Except as provided in section 210, 211, 214, or this section, such sections shall not be construed as limiting or impairing any authority of the Commission under any other provision of law.
“(2)
Sections 210, 211, 213, 214, and this section, shall not be construed to modify, impair, or supersede the antitrust laws. For purposes of this section, the term ‘antitrust laws’ has the meaning given in subsection (a) of the first sentence of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section relates to unfair methods of competition.”
.
(3)
Add the following new subsections at the end thereof:
“(g)

Prohibition on Orders Inconsistent with Retail Marketing Areas.—
No order may be issued under this Act which is inconsistent with any State law which governs the retail marketing areas of electric utilities.
“(h)

Prohibition on Mandatory Retail Wheeling and Sham Wholesale Transactions.—
No order issued under this Act shall be conditioned upon or require the transmission of electric energy:
“(1)
directly to an ultimate consumer, or
“(2)
to, or for the benefit of, an entity if such electric energy would be sold by such entity directly to an ultimate consumer, unless:
“(A)
such entity is a Federal power marketing agency; the Tennessee Valley Authority; a State or any political subdivision of a State (or an agency, authority, or instrumentality of a State or a political subdivision); a corporation or association that has ever received a loan for the purposes of providing electric service from the Administrator of the Rural Electrification Administration under the Rural Electrification Act of 1936; a person having an obligation arising under State or local law (exclusive of an obligation arising solely from a contract entered into by such person) to provide electric service to the public; or any corporation or association which is wholly owned, directly or indirectly, by any one or more of the foregoing; and
“(B)
such entity was providing electric service to such ultimate consumer on the date of enactment of this subsection or would utilize transmission or distribution facilities that it owns or controls to deliver all such electric energy to such electric consumer.
Nothing in this subsection shall affect any authority of any State or local government under State law concerning the transmission of electric energy directly to an ultimate consumer.''.
“(i)

Laws Applicable to Federal Columbia River Transmission System.—
(1)
The Commission shall have authority pursuant to section 210, section 211, this section, and section 213 to (A) order the Administrator of the Bonneville Power Administration to provide transmission service and (B) establish the terms and conditions of such service. In applying such sections to the Federal Columbia River Transmission System, the Commission shall assure that—
“(i)
the provisions of otherwise applicable Federal laws shall continue in full force and effect and shall continue to be applicable to the system; and
“(ii)
the rates for the transmission of electric power on the system shall be governed only by such otherwise applicable provisions of law and not by any provision of section 210, section 211, this section, or section 213, except that no rate for the transmission of power on the system shall be unjust, unreasonable, or unduly discriminatory or preferential, as determined by the Commission.
“(2)
Notwithstanding any other provision of this Act with respect to the procedures for the determination of terms and conditions for transmission service—
“(A)
when the Administrator of the Bonneville Power Administration either (i) in response to a written request for specific transmission service terms and conditions does not offer the requested terms and conditions, or (ii) proposes to establish terms and conditions of general applicability for transmission service on the Federal Columbia River Transmission System, then the Administrator may provide opportunity for a hearing and, in so doing, shall—
“(I)
give notice in the Federal Register and state in such notice the written explanation of the reasons why the specific terms and conditions for transmission services are not being offered or are being proposed;
“(II)
adhere to the procedural requirements of paragraphs (1) through (3) of section 7(i) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839(i) (1) through (3)), except that the hearing officer shall, unless the hearing officer becomes unavailable to the agency, make a recommended decision to the Administrator that states the hearing officer's findings and conclusions, and the reasons or basis thereof, on all material issues of fact, law, or discretion presented on the record; and
“(III)
make a determination, setting forth the reasons for reaching any findings and conclusions which may differ from those of the hearing officer, based on the hearing record, consideration of the hearing officer's recommended decision, section 211 and this section, as amended by the Energy Policy Act of 1992, and the provisions of law as preserved in this section; and
“(B)
if application is made to the Commission under section 211 for transmission service under terms and conditions different than those offered by the Administrator, or following the denial of a request for transmission service by the Administrator, and such application is filed within 60 days of the Administrator's final determination and in accordance with Commission procedures, the Commission shall—
“(i)
in the event the Administrator has conducted a hearing as herein provided for (I) accord parties to the Administrator's hearing the opportunity to offer for the Commission record materials excluded by the Administrator from the hearing record, (II) accord such parties the opportunity to submit for the Commission record comments on appropriate terms and conditions, (III) afford those parties the opportunity for a hearing if and to the extent that the Commission finds the Administrator's hearing record to be inadequate to support a decision by the Commission, and (IV) establish terms and conditions for or deny transmission service based on the Administrator's hearing record, the Commission record, section 211 and this section, as amended by the Energy Policy Act of 1992, and the provisions of law as preserved in this section, or
“(ii)
in the event the Administrator has not conducted a hearing as herein provided for, determine whether to issue an order for transmission service in accordance with section 211 and this section, including providing the opportunity for a hearing.
“(3)
Notwithstanding those provisions of section 313(b) of this Act (16 U.S.C. 825l) which designate the court in which review may be obtained, any party to a proceeding concerning transmission service sought to be furnished by the Administrator of the Bonneville Power Administration seeking review of an order issued by the Commission in such proceeding shall obtain a review of such order in the United States Court of Appeals for the Pacific Northwest, as that region is defined by section 3(14) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)).
“(4)
To the extent the Administrator of the Bonneville Power Administration cannot be required under section 211, as a result of the Administrator's other statutory mandates, either to (A) provide transmission service to an applicant which the Commission would otherwise order, or (B) provide such service under rates, terms, and conditions which the Commission would otherwise require, the applicant shall not be required to provide similar transmission services to the Administrator or to provide such services under similar rates, terms, and conditions.
“(5)
The Commission shall not issue any order under section 210, section 211, this section, or section 213 requiring the Administrator of the Bonneville Power Administration to provide transmission service if such an order would impair the Administrator's ability to provide such transmission service to the Administrator's power and transmission customers in the Pacific Northwest, as that region is defined in section 3(14) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)), as is needed to assure adequate and reliable service to loads in that region.
“(j)

Equitability Within Territory Restricted Electric Systems.—
With respect to an electric utility which is prohibited by Federal law from being a source of power supply, either directly or through a distributor of its electric energy, outside an area set forth in such law, no order issued under section 211 may require such electric utility (or a distributor of such electric utility) to provide transmission services to another entity if the electric energy to be transmitted will be consumed within the area set forth in such Federal law, unless the order is in furtherance of a sale of electric energy to that electric utility: Provided, however, That the foregoing provision shall not apply to any area served at retail by an electric transmission system which was such a distributor on the date of enactment of this subsection and which before October 1, 1991, gave its notice of termination under its power supply contract with such electric utility.
“(k)

ERCOT Utilities.—
“(1)

Rates.—
Any order under section 211 requiring provision of transmission services in whole or in part within ERCOT shall provide that any ERCOT utility which is not a public utility and the transmission facilities of which are actually used for such transmission service is entitled to receive compensation based, insofar as practicable and consistent with subsection (a), on the transmission ratemaking methodology used by the Public Utility Commission of Texas.
“(2)

Definitions.—
For purposes of this subsection—
“(A)
the term ‘ERCOT’ means the Electric Reliability Council of Texas; and
“(B)
the term ‘ERCOT utility’ means a transmitting utility which is a member of ERCOT.”
.
SEC. 723.

INFORMATION REQUIREMENTS.
Part II of the Federal Power Act is amended by adding the following new section after section 212:
“SEC. 213.

INFORMATION REQUIREMENTS.
“(a)

Requests for Wholesale Transmission Services.—
Whenever any electric utility, Federal power marketing agency, or any other person generating electric energy for sale for resale makes a good faith request to a transmitting utility to provide wholesale transmission services and requests specific rates and charges, and other terms and conditions, unless the transmitting utility agrees to provide such services at rates, charges, terms and conditions acceptable to such person, the transmitting utility shall, within 60 days of its receipt of the request, or other mutually agreed upon period, provide such person with a detailed written explanation, with specific reference to the facts and circumstances of the request, stating (1) the transmitting utility's basis for the proposed rates, charges, terms, and conditions for such services, and (2) its analysis of any physical or other constraints affecting the provision of such services.
“(b)

Transmission Capacity and Constraints.—
Not later than 1 year after the enactment of this section, the Commission shall promulgate a rule requiring that information be submitted annually to the Commission by transmitting utilities which is adequate to inform potential transmission customers, State regulatory authorities, and the public of potentially available transmission capacity and known constraints.”
.
SEC. 724.

SALES BY EXEMPT WHOLESALE GENERATORS.
Part II of the Federal Power Act is amended by adding the following new section after section 213:
“SEC. 214.

SALES BY EXEMPT WHOLESALE GENERATORS.
“No rate or charge received by an exempt wholesale generator for the sale of electric energy shall be lawful under section 205 if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this section, the terms ‘associate company’ and ‘affiliate’ shall have the same meaning as provided in section 2(a) of the Public Utility Holding Company Act of 1935.”
.
SEC. 725.

PENALTIES.
(a)

Existing Penalties Not Applicable to Transmission Provisions.—
Sections 315 and 316 of the Federal Power Act are each amended by adding the following at the end thereof:
“(c)
This subsection shall not apply in the case of any provision of section 211, 212, 213, or 214 or any rule or order issued under any such provision.”
.
(b)

Penalties Applicable to Transmission Provisions.—
Title III of the Federal Power Act is amended by inserting the following new section after section 316:
“SEC. 316A.

ENFORCEMENT OF CERTAIN PROVISIONS.
“(a)

Violations.—
It shall be unlawful for any person to violate any provision of section 211, 212, 213, or 214 or any rule or order issued under any such provision.
“(b)

Civil Penalties.—
Any person who violates any provision of section 211, 212, 213, or 214 or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $10,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 31(d) in the case of civil penalties assessed under section 31. In determining the amount of a proposed penalty, the Commission shall take into consideration the seriousness of the violation and the efforts of such person to remedy the violation in a timely manner.”
.
SEC. 726.

DEFINITIONS.
(a)

Additional Definitions.—
Section 3 of the Federal Power Act is amended by adding the following at the end thereof:
“(23)

Transmitting utility.—
The term ‘transmitting utility’ means any electric utility, qualifying cogeneration facility, qualifying small power production facility, or Federal power marketing agency which owns or operates electric power transmission facilities which are used for the sale of electric energy at wholesale.
“(24)

Wholesale transmission services.—
The term ‘wholesale transmission services’ means the transmission of electric energy sold, or to be sold, at wholesale in interstate commerce.
“(25)

Exempt wholesale generator.—
The term ‘exempt wholesale generator’ shall have the meaning provided by section 32 of the Public Utility Holding Company Act of 1935.”
.
(b)

Clarification of Terms.—
Section 3(22) of the Federal Power Act is amended by inserting “(including any municipality)” after “State agency”.
Subtitle C—

State and Local Authorities
SEC. 731.

STATE AUTHORITIES.
Nothing in this title or in any amendment made by this title shall be construed as affecting or intending to affect, or in any way to interfere with, the authority of any State or local government relating to environmental protection or the siting of facilities.
TITLE VIII—

HIGH-LEVEL RADIOACTIVE WASTE
SEC. 801.

NUCLEAR WASTE DISPOSAL.
(a)

Environmental Protection Agency Standards.—
(1)

Promulgation.—
Notwithstanding the provisions of section 121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)), section 161 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)), and any other authority of the Administrator of the Environmental Protection Agency to set generally applicable standards for the Yucca Mountain site, the Administrator shall, based upon and consistent with the findings and recommendations of the National Academy of Sciences, promulgate, by rule, public health and safety standards for protection of the public from releases from radioactive materials stored or disposed of in the repository at the Yucca Mountain site. Such standards shall prescribe the maximum annual effective dose equivalent to individual members of the public from releases to the accessible environment from radioactive materials stored or disposed of in the repository. The standards shall be promulgated not later than 1 year after the Administrator receives the findings and recommendations of the National Academy of Sciences under paragraph (2) and shall be the only such standards applicable to the Yucca Mountain site.
(2)

Study by national academy of sciences.—
Within 90 days after the date of the enactment of this Act, the Administrator shall contract with the National Academy of Sciences to conduct a study to provide, by not later than December 31, 1993, findings and recommendations on reasonable standards for protection of the public health and safety, including—
(A)
whether a health-based standard based upon doses to individual members of the public from releases to the accessible environment (as that term is defined in the regulations contained in subpart B of part 191 of title 40, Code of Federal Regulations, as in effect on November 18, 1985) will provide a reasonable standard for protection of the health and safety of the general public;
(B)
whether it is reasonable to assume that a system for post-closure oversight of the repository can be developed, based upon active institutional controls, that will prevent an unreasonable risk of breaching the repository's engineered or geologic barriers or increasing the exposure of individual members of the public to radiation beyond allowable limits; and
(C)
whether it is possible to make scientifically supportable predictions of the probability that the repository's engineered or geologic barriers will be breached as a result of human intrusion over a period of 10,000 years.
(3)

Applicability.—
The provisions of this section shall apply to the Yucca Mountain site, rather than any other authority of the Administrator to set generally applicable standards for radiation protection.
(b)

Nuclear Regulatory Commission Requirements and Criteria.—
(1)

Modifications.—
Not later than 1 year after the Administrator promulgates standards under subsection (a), the Nuclear Regulatory Commission shall, by rule, modify its technical requirements and criteria under section 121(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(b)), as necessary, to be consistent with the Administrator's standards promulgated under subsection (a).
(2)

Required assumptions.—
The Commission's requirements and criteria shall assume, to the extent consistent with the findings and recommendations of the National Academy of Sciences, that, following repository closure, the inclusion of engineered barriers and the Secretary's post-closure oversight of the Yucca Mountain site, in accordance with subsection (c), shall be sufficient to—
(A)
prevent any activity at the site that poses an unreasonable risk of breaching the repository's engineered or geologic barriers; and
(B)
prevent any increase in the exposure of individual members of the public to radiation beyond allowable limits.
(c)

Post-Closure Oversight.—
Following repository closure, the Secretary of Energy shall continue to oversee the Yucca Mountain site to prevent any activity at the site that poses an unreasonable risk of—
(1)
breaching the repository's engineered or geologic barriers; or
(2)
increasing the exposure of individual members of the public to radiation beyond allowable limits.
[42 U.S.C. 10141 note]
SEC. 802.

OFFICE OF THE NUCLEAR WASTE NEGOTIATOR.
(a)

Extension.—
[Amended section 410 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10250).]
(b)

Definition of State.—
[Amended section 401 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10241).]
SEC. 803.

NUCLEAR WASTE MANAGEMENT PLAN.
(a)

Preparation and Submission of Report.—
The Secretary of Energy, in consultation with the Nuclear Regulatory Commission and the Environmental Protection Agency, shall prepare and submit to the Congress a report on whether current programs and plans for management of nuclear waste as mandated by the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) are adequate for management of any additional volumes or categories of nuclear waste that might be generated by any new nuclear power plants that might be constructed and licensed after the date of the enactment of this Act. The Secretary shall prepare the report for submission to the President and the Congress within 1 year after the date of the enactment of this Act. The report shall examine any new relevant issues related to management of spent nuclear fuel and high-level radioactive waste that might be raised by the addition of new nuclear-generated electric capacity, including anticipated increased volumes of spent nuclear fuel or high-level radioactive waste, any need for additional interim storage capacity prior to final disposal, transportation of additional volumes of waste, and any need for additional repositories for deep geologic disposal.
(b)

Opportunity for Public Comment.—
In preparation of the report required under subsection (a), the Secretary of Energy shall offer members of the public an opportunity to provide information and comment and shall solicit the views of the Nuclear Regulatory Commission, the Environmental Protection Agency, and other interested parties.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
[42 U.S.C. 10101 note]
* * * * * * *
TITLE IX—

UNITED STATES ENRICHMENT CORPORATION
SEC. 901.

ESTABLISHMENT OF THE UNITED STATES ENRICHMENT CORPORATION.
[Amended the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) by adding at the end a new title II, relating to the United States Enrichment Corporation.]
SEC. 902.

CONFORMING AMENDMENTS AND REPEALERS.
(a)

Atomic Energy Act of 1954.—
[Amended the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in the table of contents and in sections 41 a., 53 c.(1), 161 v., 161 w., 274 c., and 318(1).]
(b)

Government Corporation Control Provisions.—
Section 9101(3) of title 31, United States Code is amended by adding at the end the following:
“(N)
the Uranium Enrichment Corporation.''.4
^4
So in original. Probably should be ‘United States Enrichment Corporation’.”
(c)

Energy and Water Development Appropriation Act, 1988.—
Section 306 of the Energy and Water Development Appropriation Act, 1988 (Pub. L. 100–202; 101 Stat. 1329–126) is repealed.
(d)

Exemption From Deficit Control Act.—
Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after the item relating to the Tennessee Valley Authority fund the following new item:
United States Enrichment Corporation;”
.
SEC. 903.

RESTRICTIONS ON NUCLEAR EXPORTS.
(a)

Further Restrictions.—
[Amended the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) by adding a new section 134 and by conforming the table of contents.]
(b)

Report to Congress.—
(1)

In general.—
Not later than 90 days after the date of the enactment of this Act, the Chairman of the Nuclear Regulatory Commission, after consulting with other relevant agencies, shall submit to the Congress a report detailing the current disposition of previous United States exports of highly enriched uranium, including—
(A)
their location;
(B)
whether they are irradiated;
(C)
whether they have been used for the purpose stated in their export license; and
(D)
whether they have been used for an alternative purpose and, if so, whether such alternative purpose has been explicitly approved by the Commission.
(2)

Exports to euratom.—
To the maximum extent possible, the report required by paragraph (1) shall include—
(A)
exports of highly enriched uranium to EURATOM; and
(B)
subsequent retransfers of such material within EURATOM, without regard to the extent of United States control over such retransfers.
SEC. 904.

SEVERABILITY.
If any provision of this title, or the amendments made by this title, or the application of any provision to any entity, person, or circumstance, is for any reason adjudged by a court of competent jurisdiction to be invalid, the remainder of this title, and the amendments made by this title, or its application shall not be affected.
[42 U.S.C. 2297 note]
TITLE X—

REMEDIAL ACTION AND URANIUM REVITALIZATION
Subtitle A—

Remedial Action at Active Processing Sites
SEC. 1001.

REMEDIAL ACTION PROGRAM.
(a)

In General.—
Except as provided in subsection (b), the costs of decontamination, decommissioning, reclamation, and other remedial action at an active uranium or thorium processing site shall be borne by persons licensed under section 62 or 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2091, 2111) for any activity at such site which results or has resulted in the production of byproduct material.
(b)

Reimbursement.—
(1)

In general.—
The Secretary of Energy shall, subject to paragraph (2), reimburse at least annually a licensee described in subsection (a) for such portion of the costs described in such subsection as are—
(A)
determined by the Secretary to be attributable to byproduct material generated as an incident of sales to the United States; and
(B)
either—
(i)
incurred by such licensee not later than December 31, 2007; or
(ii)
incurred by a licensee after December 31, 2007, in accordance with a plan for subsequent decontamination, decommissioning, reclamation, and other remedial action approved by the Secretary.
(2)

Amount.—
(A)

To individual active site uranium licensees.—
The amount of reimbursement paid to any licensee under paragraph (1) shall be determined by the Secretary in accordance with regulations issued pursuant to section 1002 and, for uranium mill tailings only, shall not exceed an amount equal to $6.25 multiplied by the dry short tons of byproduct material located on the date of the enactment of this Act at the site of the activities of such licensee described in subsection (a), and generated as an incident of sales to the United States.
(B)

To all active site uranium licensees.—
Payments made under paragraph (1) to active site uranium licensees shall not in the aggregate exceed $350,000,000.
(C)

To thorium licensees.—
Payments made under paragraph (1) to the licensee of the active thorium site shall not exceed $365,000,000, and may only be made for off-site disposal. Such payments shall not exceed the following amounts:
(i)
$90,000,000 in fiscal year 2002.
(ii)
$55,000,000 in fiscal year 2003.
(iii)
$20,000,000 in fiscal year 2004.
(iv)
$20,000,000 in fiscal year 2005.
(v)
$20,000,000 in fiscal year 2006.
(vi)
$20,000,000 in fiscal year 2007.
Any amounts authorized to be paid in a fiscal year under this subparagraph that are not paid in that fiscal year may be paid in subsequent fiscal years.
(D)

Inflation escalation index.—
The amounts in subparagraphs (A), (B), and (C) of this paragraph shall be increased annually based upon an inflation index. The Secretary shall determine the appropriate index to apply.
(E)

Additional reimbursement.—
(i)

Determination of excess.—
The Secretary shall determine as of December 31, 2008, whether the amount authorized to be appropriated pursuant to section 1003, when considered with the $6.25 per dry short ton limit on reimbursement, exceeds the amount reimbursable to the licensees under subsection (b)(2).
(ii)

In the event of excess.—
If the Secretary determines under clause (i) that there is an excess, the Secretary may allow reimbursement in excess of $6.25 per dry short ton on a prorated basis at such sites where the costs reimbursable under subsection (b)(1) exceed the $6.25 per dry short ton limitation described in paragraph (2) of such subsection.
(3)

Byproduct location.—
Notwithstanding the requirement of paragraph (2)(A) that byproduct material be located at the site on the date of the enactment of this Act, byproduct material moved from the site of the Edgemont Mill to a disposal site as the result of the decontamination, decommissioning, reclamation, and other remedial action of such mill shall be eligible for reimbursement to the extent eligible under paragraph (1).
[42 U.S.C. 2296a]
SEC. 1002.

REGULATIONS.
Within 180 days of the date of the enactment of this Act, the Secretary shall issue regulations governing reimbursement under section 1001. An active uranium or thorium processing site owner shall apply for reimbursement hereunder by submitting a request for the amount of reimbursement, together with reasonable documentation in support thereof, to the Secretary. Any such request for reimbursement, supported by reasonable documentation, shall be approved by the Secretary and reimbursement therefor shall be made in a timely manner subject only to the limitations of section 1001.
[42 U.S.C. 2296a–1]
SEC. 1003.

AUTHORIZATION OF APPROPRIATIONS.
(a)

In General.—
There is authorized to be appropriated $715,000,000 to carry out this subtitle. The aggregate amount authorized in the preceding sentence shall be increased annually as provided in section 1001, based upon an inflation index to be determined by the Secretary.
(b)

Source.—
Funds described in subsection (a) shall be provided from the Fund established under section 1801 of the Atomic Energy Act of 1954.
[42 U.S.C. 2296a–2]
SEC. 1004.

DEFINITIONS.
For purposes of this subtitle:
(1)
The term “active uranium or thorium processing site” means—
(A)
any uranium or thorium processing site, including the mill, containing byproduct material for which a license (issued by the Nuclear Regulatory Commission or its predecessor agency under the Atomic Energy Act of 1954, or by a State as permitted under section 274 of such Act (42 U.S.C. 2021)) for the production at such site of any uranium or thorium derived from ore—
(i)
was in effect on January 1, 1978;
(ii)
was issued or renewed after January 1, 1978; or
(iii)
for which an application for renewal or issuance was pending on, or after January 1, 1978; and
(B)
any other real property or improvement on such real property that is determined by the Secretary or by a State as permitted under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021) to be—
(i)
in the vicinity of such site; and
(ii)
contaminated with residual byproduct material;
(2)
The term “byproduct material” has the meaning given such term in section 11 e. (2) of the Atomic Energy Act of 1954,5 (42 U.S.C. 2014(e)(2)); and
^5
Comma is in original.
(3)
The term “decontamination, decommissioning, reclamation, and other remedial action” means work performed prior to or subsequent to the date of the enactment of this Act which is necessary to comply with all applicable requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.), or where appropriate, with requirements established by a State that is a party to a discontinuance agreement under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021).
[42 U.S.C. 2296a–3]
Subtitle B—

Uranium Revitalization
SEC. 1011.

OVERFEED PROGRAM.
(a)

Uranium Purchases.—
To the maximum extent permitted by sound business practice, the Corporation shall purchase uranium in accordance with subsection (b) and overfeed it into the enrichment process to reduce the amount of power required to produce the enriched uranium ordered by enrichment services customers, taking into account costs associated with depleted tailings.
(b)

Use of Domestic Uranium.—
Uranium purchased by the Corporation for purposes of this section shall be of domestic origin and purchased from domestic uranium producers to the extent permitted under the multilateral trade agreements (as defined in section 2(4) of the Uruguay Round Agreements Act) and the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502)).
[42 U.S.C. 2296b]
SEC. 1012.

NATIONAL STRATEGIC URANIUM RESERVE.
There is hereby established the National Strategic Uranium Reserve under the direction and control of the Secretary. The Reserve shall consist of natural uranium and uranium equivalents contained in stockpiles or inventories currently held by the United States for defense purposes. Effective on the date of the enactment of this Act and for 6 years thereafter, use of the Reserve shall be restricted to military purposes and government research. Use of the Department of Energy's stockpile of enrichment tails existing on the date of the enactment of this Act shall be restricted to military purposes for 6 years thereafter.
[42 U.S.C. 2296b–1]
SEC. 1013.

SALE OF REMAINING DOE INVENTORIES.
The Secretary, after making the transfer required under section 1407 of the Atomic Energy Act of 1954, may sell, from time to time, portions of the remaining inventories of raw or low-enriched uranium of the Department that are not necessary to national security needs, to the Corporation, at a fair market price. Sales under this section may be made only if such sales will not have a substantial adverse impact on the domestic uranium mining industry. Proceeds from sales under this subsection shall be deposited into the general fund of the United States Treasury.
[42 U.S.C. 2296b–2]
SEC. 1014.

RESPONSIBILITY FOR THE INDUSTRY.
(a)

Continuing Secretarial Responsibility.—
The Secretary shall have a continuing responsibility for the domestic uranium industry to encourage the use of domestic uranium. The Secretary, in fulfilling this responsibility, shall not use any supervisory authority over the Corporation. The Secretary shall report annually to the appropriate committees of Congress on action taken with respect to the domestic uranium industry, including action to promote the export of domestic uranium pursuant to subsection (b).
(b)

Encourage Export.—
The Department, with the cooperation of the Department of Commerce, the United States Trade Representative and other governmental organizations, shall encourage the export of domestic uranium. Within 180 days after the date of the enactment of this Act, the Secretary shall develop recommendations and implement government programs to promote the export of domestic uranium.
[42 U.S.C. 2296b–3]
SEC. 1015.

ANNUAL URANIUM PURCHASE REPORTS.
(a)

In General.—
By January 1 of each year, the owner or operator of any civilian nuclear power reactor shall report to the Secretary, acting through the Administrator of the Energy Information Administration, for activities of the previous fiscal year—
(1)
the country of origin and the seller of any uranium or enriched uranium purchased or imported into the United States either directly or indirectly by such owner or operator; and
(2)
the country of origin and the seller of any enrichment services purchased by such owner or operator.
(b)

Congressional Access.—
The information provided to the Secretary pursuant to this section shall be made available to the Congress by March 1 of each year.
[42 U.S.C. 2296b–4]
SEC. 1016.

URANIUM INVENTORY STUDY.
Within 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a study and report that includes—
(1)
a comprehensive inventory of all Government owned uranium or uranium equivalents, including natural uranium, depleted tailings,6 low-enriched uranium, and highly enriched uranium available for conversion to commercial use;
^6
So in original. Probably should be “tails”.
(2)
a plan for the conversion of inventories of foreign and domestic highly enriched uranium to low-enriched uranium for commercial use;
(3)
an estimation of the potential need of the United States for inventories of highly enriched uranium;
(4)
an analysis and summary of technological requirements and costs associated with converting highly enriched uranium to low-enriched uranium, including the construction of facilities if necessary;
(5)
an estimation of potential net proceeds from the conversion and sale of highly enriched uranium;
(6)
recommendations for implementing a plan to convert highly enriched uranium to low-enriched uranium; and
(7)
recommendations for the future use and disposition of such inventories.
[42 U.S.C. 2296b–5]
SEC. 1017.

REGULATORY TREATMENT OF URANIUM PURCHASES.
(a)

Encouragement.—
The Secretary shall encourage States and utility regulatory authorities to take into consideration the achievement of the objectives and purposes of this subtitle, including the national need to avoid dependence on imports, when considering whether to allow the owner or operator of any electric power plant to recover in its rates and charges to customers any cost of purchase of domestic uranium, enriched uranium, or enrichment services from a non-affiliated seller greater than the cost of non-domestic uranium, enriched uranium or enrichment services.
(b)

Report.—
Within 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress on the progress of the Secretary in encouraging actions by State regulatory authorities pursuant to subsection (a). Such report shall include detailed information on programs initiated by the Secretary to encourage appropriate State regulatory action and recommendations, if any, on further action that could be taken by the Secretary, other Federal agencies, or the Congress in order to further the purposes of this subtitle.
(c)

Savings Provision.—
This section may not be construed to authorize the Secretary to take any action in violation of the multilateral trade agreements (as defined in section 2(4) of the Uruguay Round Agreements Act) or the North American Free Trade Agreement7.
^7
Section 507(a) of Public Law 116–113 provides for an amendment to section 1017(c) by striking “North American Free Trade Agreement” and inserting “USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”. Subsection (b) of section 507 of such Public Law provides “[t}he amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.”.
[42 U.S.C. 2296b–6]
SEC. 1018.

DEFINITIONS.
For purposes of this subtitle:
(1)
The term “Corporation” means the United States Enrichment Corporation established under section 1301 of the Atomic Energy Act of 1954, as added by this Act or its successor.
(2)
The term “country of origin” means—
(A)
with respect to uranium, that country where the uranium was mined;
(B)
with respect to enriched uranium, that country where the uranium was mined and enriched; or
(C)
with respect to enrichment services, that country where the enrichment services were performed.
(3)
The term “domestic origin” refers to any uranium that has been mined in the United States including uranium recovered from uranium deposits in the United States by underground mining, open-pit mining, strip mining, in situ recovery, leaching, and ion recovery, or recovered from phosphoric acid manufactured in the United States.
(4)
The term “domestic uranium producer” means a person or entity who produces domestic uranium and who has, to the extent required by State and Federal agencies having jurisdiction, licenses and permits for the operation, decontamination, decommissioning, and reclamation of sites, structures and equipment.
(5)
The term “non-affiliated” refers to a seller who does not control, and is not controlled by or under common control with, the buyer.
(6)
The term “overfeed” means to use uranium in the enrichment process in excess of the amount required at the transactional tails assay.
(7)
The term “utility regulatory authority” means any State agency or Federal agency that has ratemaking authority with respect to the sale of electric energy by any electric utility or independent power producer. For purposes of this paragraph, the terms “electric utility”, “State agency”, “Federal agency”, and “ratemaking authority” have the respective meanings given such terms in section 3 of the Public Utility Regulatory Policies Act of 1978.
[42 U.S.C. 2296b–7]
Subtitle C—

Remedial Action at Inactive Processing Sites
SEC. 1031.

URANIUM MILL TAILINGS RADIATION CONTROL ACT EXTENSION.
[Amended section 112(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7922(a)).]
TITLE XI—

URANIUM ENRICHMENT HEALTH, SAFETY, AND ENVIRONMENT ISSUES
SEC. 1101.

URANIUM ENRICHMENT HEALTH, SAFETY, AND ENVIRONMENT ISSUES.
[Amended the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) by adding new chapters 27 and 28, relating to licensing and regulation of uranium enrichment facilities and decontamination and decommissioning.]
SEC. 1102.

LICENSING OF AVLIS.
[Amended the last sentence of section 11 v. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(v)).]
SEC. 1103.

TABLE OF CONTENTS.
[Amended the table of contents of the Atomic Energy Act of 1954.]
* * * * * * *
TITLE XII—

RENEWABLE ENERGY
SEC. 1201.

PURPOSES.
The purposes of this title are to promote—
(1)
increases in the production and utilization of energy from renewable energy resources;
(2)
further advances of renewable energy technologies; and
(3)
exports of United States renewable energy technologies and services.
[42 U.S.C. 13311]
SEC. 1202.

DEMONSTRATION AND COMMERCIAL APPLICATION PROJECTS FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGIES.
[Section 1202 amended the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989.]
SEC. 1203.

RENEWABLE ENERGY EXPORT TECHNOLOGY TRAINING.
(a)

Establishment of Program.—
The Secretary, through the Agency for International Development, shall establish a program for the training of individuals from developing countries in the operation and maintenance of renewable energy and energy efficiency technologies in accordance with this section. The Secretary and the Administrator of the Agency for International Development shall, within one year after the date of enactment of this Act, enter into a written agreement to carry out this program.
(b)

Purpose.—
The purpose of the program established under this section shall be to train appropriate persons in the system design, operation, and maintenance of renewable energy and energy efficiency equipment manufactured in the United States, including equipment for water pumping, heating and purification, and the production of electric power in remote areas.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary $6,000,000 for each of the fiscal years 1994, 1995, and 1996, to carry out this section.
[42 U.S.C. 13312]
SEC. 1204.

RENEWABLE ENERGY ADVANCEMENT AWARDS.
(a)

Authority.—
The Secretary shall make Renewable Energy Advancement Awards in recognition of developments that advance the practical application of biomass, geothermal, hydroelectric, photovoltaic, solar thermal, ocean thermal, and wind technologies to consumer, utility, or industrial uses, in accordance with this section. Except as provided in subsection (f), Renewable Energy Advancement Awards shall include a cash award.
(b)

Selection Criteria.—
The Secretary, in consultation with the Advisory Committee on Demonstration and Commercial Application of Renewable Energy and Energy Efficiency Technologies (in this section referred to as the “Advisory Committee”), under section 6 of the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, shall develop criteria to be applied in the selection of award recipients under this section. Such criteria shall include the following:
(1)
The degree to which the technological development increases the utilization of renewable energy.
(2)
The degree to which the development will have a significant impact, by benefitting a large number of people, by reducing the costs of an important industrial process or commercial product or service, or otherwise.
(3)
The ingenuity of the development.
(4)
Whether the application has significant export potential.
(5)
The environmental soundness of the development.
(c)

Selection.—
Beginning in fiscal year 1994, and annually thereafter for a period of 10 years, the Secretary, in consultation with the Advisory Committee, shall select developments described in subsection (a) that are worthy of receiving an award under this section, and shall make such awards.
(d)

Eligibility.—
Awards may be made under this section only to individuals who are United States nationals or permanent resident aliens, or to non-Federal organizations that are organized under the laws of the United States or the laws of a State of the United States.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary $50,000 for each of the fiscal years 1994, 1995, and 1996 for carrying out this section.
(f)

Awards Made in Absence of Appropriations.—
The Secretary shall make honorary awards under this section if sufficient funds are not available for financial awards in any fiscal year.
[42 U.S.C. 13313]
SEC. 1205.

STUDY OF TAX AND RATE TREATMENT OF RENEWABLE ENERGY PROJECTS.
(a)
The Secretary, in conjunction with State regulatory commissions, shall undertake a study to determine if conventional taxation and ratemaking procedures result in economic barriers to or incentives for renewable energy power plants compared to conventional power plants.
(b)
Within 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the results of the study undertaken under subsection (a).
[42 U.S.C. 13314]
SEC. 1206.

STUDY OF RICE MILLING ENERGY BY-PRODUCT MARKETING.
The Department of Energy shall conduct a study to facilitate the marketing of energy byproducts from rice milling.
SEC. 1207.

DUTIES OF INTERAGENCY WORKING GROUP ON RENEWABLE ENERGY AND ENERGY EFFICIENCY EXPORTS.
[Section 1207 amended the Energy Policy and Conservation Act.]
SEC. 1208.

STUDY OF EXPORT PROMOTION PRACTICES.
[Section 1208 amended the Energy Policy and Conservation Act.]
SEC. 1209.

DATA SYSTEM AND ENERGY TECHNOLOGY EVALUATION.
The Secretary of Commerce, in his or her role as a member of the interagency working group established under section 256 of the Energy Policy and Conservation Act (42 U.S.C. 6276), shall—
(1)
develop a comprehensive data base and information dissemination system, using the National Trade Data Bank and the Commercial Information Management System of the Department of Commerce, that will provide information on the specific energy technology needs of foreign countries, and the technical and economic competitiveness of various renewable energy and energy efficiency products and technologies;
(2)
make such information available to industry, Federal and multilateral lending agencies, nongovernmental organizations, host-country and donor-agency officials, and such others as the Secretary of Commerce considers necessary; and
(3)
prepare and transmit to the Congress not later than June 1, 1993, and biennially thereafter, a comprehensive report evaluating the full range of energy and environmental technologies necessary to meet the energy needs of foreign countries, including—
(A)
information on the specific energy needs of foreign countries;
(B)
an inventory of United States technologies and services to meet those needs;
(C)
an update on the status of ongoing bilateral and multilateral programs which promote United States exports of renewable energy and energy efficiency products and technologies; and
(D)
an evaluation of current programs (and recommendations for future programs) that develop and promote energy efficiency and sustainable use of indigenous renewable energy resources in foreign countries to reduce the generation of greenhouse gases.
[42 U.S.C. 13315]
SEC. 1210.

OUTREACH.
(a)

Outreach.—
The interagency working group established under section 256(d)(1)(A) of the Energy Policy and Conservation Act and the Secretary of Commerce shall select one individual who is experienced in renewable energy and energy efficiency products and technologies to be assigned by the Secretary of Commerce to an office of the United States and Foreign Commercial Service in the Pacific Rim, and one such individual to be assigned by the Secretary of Commerce to an office of the United States and Foreign Commercial Service in the Caribbean Basin, for the sole purpose of providing information concerning domestic renewable energy and energy efficiency products, technologies, and industries to territories, foreign governments, industries, and other appropriate persons.
(b)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for the purposes of this section $500,000 for each of the fiscal years 1993 and 1994, and such sums as may be necessary for fiscal year 1995.
SEC. 1211.

INNOVATIVE RENEWABLE ENERGY TECHNOLOGY TRANSFER PROGRAM.
(a)

Establishment of Program.—
The Secretary, through the Agency for International Development, and in consultation with the other members of the interagency working group established under section 256(d) of Energy Policy and Conservation Act (in this section referred to as the “interagency working group”), shall establish a renewable energy technology transfer program to carry out the purposes described in subsection (b). Within 150 days after the date of the enactment of this Act, the Secretary and the Administrator of the Agency for International Development shall enter into a written agreement to carry out this section. The agreement shall establish a procedure for resolving any disputes between the Secretary and the Administrator regarding the implementation of specific projects. With respect to countries not assisted by the Agency for International Development, the Secretary may enter into agreements with other appropriate Federal agencies. If the Secretary and the Administrator, or the Secretary and an agency described in the previous sentence, are unable to reach an agreement, each shall send a memorandum to the President outlining an appropriate agreement. Within 90 days after receipt of either memorandum, the President shall determine which version of the agreement shall be in effect. Any agreement entered into under this subsection shall be provided to the appropriate committees of the Congress and made available to the public.
(b)

Purposes of the Program.—
The purposes of the technology transfer program under this section are to—
(1)
reduce the United States balance of trade deficit through the export of United States renewable energy technologies and technological expertise;
(2)
retain and create manufacturing and related service jobs in the United States;
(3)
encourage the export of United States renewable energy technologies, including services related thereto, to those countries that have a need for developmentally sound facilities to provide energy derived from renewable resources;
(4)
develop markets for United States renewable energy technologies to be utilized in meeting the energy and environmental requirements of foreign countries;
(5)
better ensure that United States participation in energy-related projects in foreign countries includes participation by United States firms as well as utilization of United States technologies that have been developed or demonstrated in the United States through publicly or privately funded demonstration programs;
(6)
ensure the introduction of United States firms and expertise in foreign countries;
(7)
provide financial assistance by the Federal Government to foster greater participation by United States firms in the financing, ownership, design, construction, or operation of renewable energy technology projects in foreign countries;
(8)
assist foreign countries in meeting their energy needs through the use of renewable energy in an environmentally acceptable manner, consistent with sustainable development policies; and
(9)
assist United States firms, especially firms that are in competition with firms in foreign countries, to obtain opportunities to transfer technologies to, or undertake projects in, foreign countries.
(c)

Identification.—
Pursuant to the agreements required by subsection (a), the Secretary, through the Agency for International Development, and after consultation with the interagency working group, United States firms, and representatives from foreign countries, shall develop mechanisms to identify potential energy projects in host countries, and shall identify a list of such projects within 240 days after the date of the enactment of this Act, and periodically thereafter.
(d)

Financial Mechanisms.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, shall—
(A)
establish appropriate financial mechanisms to increase the participation of United States firms in energy projects utilizing United States renewable energy technologies, and services related thereto, in developing countries;
(B)
utilize available financial assistance authorized by this section to counterbalance assistance provided by foreign governments to non-United States firms; and
(C)
provide financial assistance to support projects.
(2)
The financial assistance authorized by this section may be—
(A)
provided in combination with other forms of financial assistance, including non-United States funding that is available to the project; and
(B)
utilized to assist United States firms in the development of innovative financing packages for renewable energy technology projects that utilize other financial assistance programs available through the Federal Government.
(3)
United States obligations under the Arrangement on Guidelines for Officially Supported Export Credits established through the Organization for Economic Cooperation and Development shall be applicable to this section.
(e)

Solicitations for Project Proposals.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, within one year after the date of the enactment of this Act, and subsequently as appropriate thereafter, shall solicit proposals from United States firms for the design, construction, testing, and operation of the project or projects identified under subsection (c) which propose to utilize a United States renewable energy technology. Each solicitation under this section shall establish a closing date for receipt of proposals.
(2)
The solicitation under this subsection shall, to the extent appropriate, be modeled after the RFP No. DE–PS01–90FE62271 Clean Coal Technology IV, as administered by the Department of Energy.
(3)
Any solicitation made under this subsection shall include the following requirements:
(A)
The United States firm that submits a proposal in response to the solicitation shall have an equity interest in the proposed project.
(B)
The project shall utilize a United States renewable energy technology, including services related thereto, in meeting the applicable energy and environmental requirements of the host country.
(C)
Proposals for projects shall be submitted by and undertaken with a United States firm, although a joint venture or other teaming arrangement with a non-United States manufacturer or other non-United States entity is permissible.
(f)

Assistance to United States Firms.—
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, and in consultation with the interagency working group, shall establish a procedure to provide financial assistance to United States firms under this section for a project identified under subsection (c) where solicitations for the project are being conducted by the host country or by a multilateral lending institution.
(g)

Other Program Requirements.—
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, and in consultation with the working group, shall—
(1)
establish eligibility criteria for host countries;
(2)
periodically review the energy needs of such countries and export opportunities for United States firms for the development of projects in such countries;
(3)
consult with government officials in host countries and, as appropriate, with representatives of utilities or other entities in host countries, to determine interest in and support for potential projects; and
(4)
determine whether each project selected under this section is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development.
(h)

Selection of Projects.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, shall, not later than 120 days after receipt of proposals in response to a solicitation under subsection (e), select one or more proposals under this section.
(2)
In selecting a proposal under this section, the Secretary, through the Agency for International Development, shall consider—
(A)
the ability of the United States firm, in cooperation with the host country, to undertake and complete the project;
(B)
the degree to which the equipment to be included in the project is designed and manufactured in the United States;
(C)
the long-term technical and competitive viability of the United States technology, and services related thereto, and the ability of the United States firm to compete in the development of additional energy projects using such technology in the host country and in other foreign countries;
(D)
the extent of technical and financial involvement of the host country in the project;
(E)
the extent to which the proposed project meets the purposes stated in section 1201(b);8
^8
There is no section 1201(b). Probably means either section 1201(2) or 1211(b).
(F)
the extent of technical, financial, management, and marketing capabilities of the participants in the project, and the commitment of the participants to completion of a successful project in a manner that will facilitate acceptance of the United States technology for future application; and
(G)
such other criteria as may be appropriate.
(3)
In selecting among proposed projects, the Secretary shall seek to ensure that, relative to otherwise comparable projects in the host country, a selected project will meet 1 or more of the following criteria:
(A)
It will reduce environmental emissions to an extent greater than required by applicable provisions of law.
(B)
It will make greater use of indigenous renewable energy resources.
(C)
It will be a more cost-effective technological alternative, based on life cycle capital and operating costs per unit of energy produced and, where applicable, costs per unit of product produced.
Priority in selection shall be given to those projects which, in the judgment of the Secretary, best meet one or more of these criteria.
(i)

United States-Asia Environmental Partnership.—
Activities carried out under this section shall be coordinated with the United States-Asia Environmental Partnership.
(j)

Buy America.—
In carrying out this section, the Secretary, through the Agency for International Development, and pursuant to the agreements under subsection (a), shall ensure—
(1)
the maximum percentage, but in no case less than 50 percent, of the cost of any equipment furnished in connection with a project authorized under this section shall be attributable to the manufactured United States components of such equipment; and
(2)
the maximum participation of United States firms.
In determining whether the cost of United States components equals or exceeds 50 percent, the cost of assembly of such United States components in the host country shall not be considered a part of the cost of such United States component.
(k)

Reports to Congress.—
The Secretary and the Administrator of the Agency for International Development shall report annually to the Committee on Energy and Natural Resources of the Senate and the appropriate committees of the House of Representatives on the progress being made to introduce renewable energy technologies into foreign countries.
(l)

Definitions.—
For purposes of this section—
(1)
the term “host country” means a foreign country which is—
(A)
the participant in or the site of the proposed renewable energy technology project; and
(B)
either—
(i)
classified as a country eligible to participate in development assistance programs of the Agency for International Development pursuant to applicable law or regulation; or
(ii)
a developing country.
(2)
the term “developing country” includes, but is not limited to, countries in Central and Eastern Europe or in the independent states of the former Soviet Union.
(m)

Authorization for Program.—
There are authorized to be appropriated to the Secretary to carry out the program required by this section, $100,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
[42 U.S.C. 13316]
SEC. 1212.

RENEWABLE ENERGY PRODUCTION INCENTIVE.
(a)

Incentive Payments.—
(1)
For electric energy generated and sold by a qualified renewable energy facility during the incentive period, the Secretary shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility.
(2)
The amount of such payment made to any such owner or operator shall be as determined under subsection (e).
(3)
Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment.
(4)
(A)
Subject to subparagraph (B), if there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities for a fiscal year, the Secretary shall assign—
(i)
60 percent of appropriated funds for the fiscal year to facilities that use solar, wind, marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007), geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity; and
(ii)
40 percent of appropriated funds for the fiscal year to other projects.
(B)
After submitting to Congress an explanation of the reasons for the alteration, the Secretary may alter the percentage requirements of subparagraph (A).
(b)

Qualified Renewable Energy Facility.—
For purposes of this section, a qualified renewable energy facility is a facility which is owned by a not-for-profit electric cooperative, a public utility described in section 115 of the Internal Revenue Code of 1986, a State, Commonwealth, territory, or possession of the United States, or the District of Columbia, or a political subdivision thereof, an Indian tribal government or subdivision thereof, or a Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), and which generates electric energy for sale in, or affecting, interstate commerce using solar, wind, biomass, landfill gas, livestock methane, marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007), or geothermal energy, except that—
(1)
the burning of municipal solid waste shall not be treated as using biomass energy; and
(2)
geothermal energy shall not include energy produced from a dry steam geothermal reservoir which has—
(A)
no mobile liquid in its natural state;
(B)
steam quality of 95 percent water; and
(C)
an enthalpy for the total produced fluid greater than or equal to 1200 Btu/lb (British thermal units per pound).
(c)

Eligibility Window.—
Payments may be made under this section only for electricity generated from a qualified renewable energy facility first used before October 1, 2016.
(d)

Payment Period.—
A qualified renewable energy facility may receive payments under this section for a 10-fiscal year period. Such period shall begin with the fiscal year in which electricity generated from the facility is first eligible for such payments, or in which the Secretary determines that all necessary Federal and State authorizations have been obtained to begin construction of the facility .
(e)

Amount of Payment.—
(1)

In general.—
Incentive payments made by the Secretary under this section to the owner or operator of any qualified renewable energy facility shall be based on the number of kilowatt hours of electricity generated by the facility through the use of solar, wind, biomass, landfill gas, livestock methane, marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007), or geothermal energy during the payment period referred to in subsection (d). For any facility, the amount of such payment shall be 1.5 cents per kilowatt hour, adjusted as provided in paragraph (2).
(2)

Adjustments.—
The amount of the payment made to any person under this subsection as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 1993 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions the calendar year 1993 shall be substituted for calendar year 1979.
(f)

Sunset.—
No payment may be made under this section to any facility after September 30, 2026, and no payment may be made under this section to any facility after a payment has been made with respect to such facility for a 10-fiscal year period.
(g)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2026, to remain available until expended.
[42 U.S.C. 13317]
TITLE XIII—

COAL
Subtitle A—

Research, Development, Demonstration, and Commercial Application
* * * * * * *
SEC. 1306.

COALBED METHANE RECOVERY.
(a)

Study of Barriers and Environmental and Safety Aspects.—
The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall conduct a study of—
(1)
technical, economic, financial, legal, regulatory, institutional, or other barriers to coalbed methane recovery, and of policy options for eliminating such barriers; and
(2)
the environmental and safety aspects of flaring coalbed methane liberated from coal mines.
Within two years after the date of enactment of this Act, the Secretary shall submit a report to the Congress detailing the results of such study.
(b)

Information Dissemination.—
Beginning one year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall disseminate to the public information on state-of-the-art coalbed methane recovery techniques, including information on costs and benefits.
(c)

Demonstration and Commercial Application Program.—
The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall establish a coalbed methane recovery demonstration and commercial application program, which shall emphasize gas enrichment technology. Such program shall address—
(1)
gas enrichment technologies for enriching medium-quality methane recovered from coal mines to pipeline quality;
(2)
technologies to use mine ventilation air in nearby power generation facilities, including gas turbines, internal combustion engines, or other coal fired powerplants;
(3)
technologies for cofiring methane recovered from mines, including methane from ventilation systems and degasification systems, together with coal in conventional or clean coal technology boilers; and
(4)
other technologies for producing and using methane from coal mines that the Secretary considers appropriate.
[42 U.S.C. 13336]
* * * * * * *
Subtitle B—

Clean Coal Technology Program
SEC. 1321.

ADDITIONAL CLEAN COAL TECHNOLOGY SOLICITATIONS.
(a)

Program Design.—
Additional clean coal technology solicitations described in subsection (b) shall be designed to ensure the timely development of cost-effective technologies or energy production processes or systems utilizing coal that achieve greater efficiency in the conversion of coal to useful energy when compared to currently commercially available technology for the use of coal and the control of emissions from the combustion of coal. Such program shall be designed to ensure, to the greatest extent possible, the availability for commercial use of such technologies by the year 2010.
(b)

Additional Solicitations.—
In conducting the Clean Coal Program established by Public Law 98–473, the Secretary shall consider the potential benefits of conducting additional solicitations pursuant to such program and, based on the results of that consideration, may carry out such additional solicitations, which shall be similar in scope and percentage of Federal cost sharing as that provided by Public Law 101–121.
[42 U.S.C. 13351]
Subtitle C—

Other Coal Provisions
SEC. 1331.

CLEAN COAL TECHNOLOGY EXPORT PROMOTION AND INTERAGENCY COORDINATION.
(a)

Establishment.—
There shall be established within the Trade Promotion Coordinating Committee (established by the President on May 23, 1990) a Clean Coal Technology Subgroup (in this subtitle referred to as the “CCT Subgroup”) to focus interagency efforts on clean coal technologies. The CCT Subgroup shall seek to expand the export and use of clean coal technologies, particularly in those countries which can benefit from gains in the efficiency of, and the control of environmental emissions from, coal utilization.
(b)

Membership.—
The CCT Subgroup shall include 1 member from each agency represented on the Energy, Environment, and Infrastructure Working Group of the Trade Promotion Coordinating Committee as of the date of enactment of this Act. The Secretary shall serve as chair of the CCT Subgroup and shall be responsible for ensuring that the functions of the CCT Subgroup are carried out through its member agencies.
(c)

Consultation.—
(1)
In carrying out this section, the CCT Subgroup shall consult with representatives from the United States coal industry, representatives of railroads and other transportation industries, organizations representing workers, the electric utility industry, manufacturers of equipment utilizing clean coal technology, members of organizations formed to further the goals of environmental protection or to promote the development and use of clean coal technologies that are developed, manufactured, or controlled by United States firms, and other appropriate interested members of the public.
(2)
The CCT Subgroup shall maintain ongoing liaison with other elements of the Trade Promotion Coordinating Committee relating to clean coal technologies or regions where these technologies could be important, including Eastern Europe, Asia, and the Pacific.
(d)

Duties.—
The Secretary, acting through the CCT Subgroup, shall—
(1)
facilitate the establishment of technical training for the consideration, planning, construction, and operation of clean coal technologies by end users and international development personnel;
(2)
facilitate the establishment of and, where practicable, cause to be established, consistent with the goals and objectives stated in section 1301(a), within existing departments and agencies—
(A)
financial assistance programs (including grants, loan guarantees, and no interest and low interest loans) to support prefeasibility and feasibility studies for projects that will utilize clean coal technologies; and
(B)
loan guarantee programs, grants, and no interest and low interest loans designed to facilitate access to capital and credit in order to finance such clean coal technology projects;
(3)
develop and ensure the execution of programs, including the establishment of financial incentives, to encourage and support private sector efforts in exports of clean coal technologies that are developed, manufactured, or controlled by United States firms;
(4)
encourage the training in, and understanding of, clean coal technologies by representatives of foreign companies or countries intending to use coal or clean coal technologies by providing technical or financial support for training programs, workshops, and other educational programs sponsored by United States firms;
(5)
educate loan officers and other officers of international lending institutions, commercial and energy attachés of the United States, and such other personnel as the CCT Subgroup considers appropriate, for the purposes of providing information about clean coal technologies to foreign governments or potential project sponsors of clean coal technology projects;
(6)
develop policies and practices to be conducted by commercial and energy attachés of the United States, and such other personnel as the CCT Subgroup considers appropriate, in order to promote the exports of clean coal technologies to those countries interested in or intending to utilize coal resources;
(7)
augment budgets for trade and development programs supported by Federal agencies for the purpose of financially supporting prefeasibility or feasibility studies for projects in foreign countries that will utilize clean coal technologies;
(8)
review ongoing clean coal technology projects and review and advise Federal agencies on the approval of planned clean coal technology projects which are sponsored abroad by any Federal agency to determine whether such projects are consistent with the overall goals and objectives of this section;
(9)
coordinate the activities of the appropriate Federal agencies in order to ensure that Federal clean coal technology export promotion policies are implemented in a timely fashion;
(10)
work with CCT Subgroup member agencies to develop an overall strategy for promoting clean coal technology exports, including setting goals and allocating specific responsibilities among member agencies, consistent with applicable statutes; and
(11)
coordinate with multilateral institutions to ensure that United States technologies are properly represented in their projects.
(e)

Data and Information.—
(1)
The CCT Subgroup, consistent with other applicable provisions of law, shall ensure the development of a comprehensive data base and information dissemination system, using the National Trade Data Bank and the Commercial Information Management System of the Department of Commerce, relating to the availability of clean coal technologies and the potential need for such technologies, particularly in developing countries and countries making the transition from nonmarket to market economies.
(2)
The Secretary, acting through the CCT Subgroup, shall assess and prioritize foreign markets that have the most potential for the export of clean coal technologies that are developed, manufactured, or controlled by United States firms. Such assessment shall include—
(A)
an analysis of the financing requirements for clean coal technology projects in foreign countries and whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions;
(B)
the availability of other fuel or energy resources that may be available to meet the energy requirements intended to be met by the clean coal technology projects;
(C)
the priority of environmental considerations in the selection of such projects;
(D)
the technical competence of those entities likely to be involved in the planning and operation of such projects;
(E)
an objective comparison of the environmental, energy, and economic performance of each clean coal technology relative to conventional technologies;
(F)
a list of United States vendors of clean coal technologies; and
(G)
answers to commonly asked questions about clean coal technologies,9
^9
So in law. Probably should be a period.
The Secretary, acting through the CCT Subgroup, shall make such information available to the House of Representatives and the Senate, and to the appropriate committees of each House of Congress, industry, Federal and international financing organizations, nongovernmental organizations, potential customers abroad, governments of countries where such clean coal technologies might be used, and such others as the CCT Subgroup considers appropriate.
(f)

Report.—
Within 180 days after the Secretary submits the report to the Congress as required by section 409 of Public Law 101–549, the Secretary, acting through the CCT Subgroup, shall provide to the appropriate committees of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a plan which details actions to be taken in order to address those recommendations and findings made in the report submitted pursuant to section 409 of Public Law 101–549. As a part of the plan required by this subsection, the Secretary, acting through the CCT Subgroup, shall specifically address the adequacy of financial assistance available from Federal departments and agencies and international financing organizations to aid in the financing of prefeasibility and feasibility studies and projects that would use a clean coal technology in developing countries and countries making the transition from nonmarket to market economies.
[42 U.S.C. 13361]
SEC. 1332.

INNOVATIVE CLEAN COAL TECHNOLOGY TRANSFER PROGRAM.
(a)

Establishment of Program.—
The Secretary, through the Agency for International Development, and in consultation with the other members of the CCT Subgroup, shall establish a clean coal technology transfer program to carry out the purposes described in subsection (b). Within 150 days after the date of enactment of this Act, the Secretary and the Administrator of the Agency for International Development shall enter into a written agreement to carry out this section. The agreement shall establish a procedure for resolving any disputes between the Secretary and the Administrator regarding the implementation of specific projects. With respect to countries not assisted by the Agency for International Development, the Secretary may enter into agreements with other appropriate United States agencies. If the Secretary and the Administrator, or the Secretary and an agency described in the previous sentence, are unable to reach an agreement, each shall send a memorandum to the President outlining an appropriate agreement. Within 90 days after receipt of either memorandum, the President shall determine which version of the agreement shall be in effect. Any agreement entered into under this subsection shall be provided to the appropriate committees of the Congress and made available to the public.
(b)

Purposes of the Program.—
The purposes of the technology transfer program under this section are to—
(1)
reduce the United States balance of trade deficit through the export of United States energy technologies and technological expertise;
(2)
retain and create manufacturing and related service jobs in the United States;
(3)
encourage the export of United States technologies, including services related thereto, to those countries that have a need for developmentally sound facilities to provide energy derived from coal resources;
(4)
develop markets for United States technologies and, where appropriate, United States coal resources to be utilized in meeting the energy and environmental requirements of foreign countries;
(5)
better ensure that United States participation in energy-related projects in foreign countries includes participation by United States firms as well as utilization of United States technologies that have been developed or demonstrated in the United States through publicly or privately funded demonstration programs;
(6)
provide for the accelerated deployment of United States technologies that will serve to introduce into foreign countries United States technologies intended to use coal resources in a more efficient, cost-effective, and environmentally acceptable manner;
(7)
serve to ensure the introduction of United States firms and expertise in foreign countries;
(8)
provide financial assistance by the Federal Government to foster greater participation by United States firms in the financing, ownership, design, construction, or operation of clean coal technology projects in foreign countries;
(9)
assist foreign countries in meeting their energy needs through the use of coal in an environmentally acceptable manner, consistent with sustainable development policies; and
(10)
assist United States firms, especially firms that are in competition with firms in foreign countries, to obtain opportunities to transfer technologies to, or undertake projects in, foreign countries.
(c)

Identification.—
Pursuant to the agreements required by subsection (a), the Secretary, through the Agency for International Development, and after consultation with the CCT Subgroup, United States firms, and representatives from foreign countries, shall develop mechanisms to identify potential energy projects in host countries, and shall identify a list of such projects within 240 days after the date of enactment of this Act, and periodically thereafter.
(d)

Financial Mechanisms.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, shall—
(A)
establish appropriate financial mechanisms to increase the participation of United States firms in energy projects utilizing United States clean coal technologies, and services related thereto, in developing countries and countries making the transition from nonmarket to market economies;
(B)
utilize available financial assistance authorized by this section to counterbalance assistance provided by foreign governments to non-United States firms; and
(C)
provide financial assistance to support projects, including—
(i)
financing the incremental costs of a clean coal technology project attributable only to expenditures to prevent or abate emissions;
(ii)
providing the difference between the costs of a conventional energy project in the host country and a comparable project that would utilize a clean coal technology capable of achieving greater efficiency of energy products and improved environmental emissions compared to such conventional project; and
(iii)
such other forms of financial assistance as the Secretary, through the Agency for International Development, considers appropriate.
(2)
The financial assistance authorized by this section may be—
(A)
provided in combination with other forms of financial assistance, including non-United States funding that is available to the project; and
(B)
utilized to assist United States firms to develop innovative financing packages for clean coal technology projects that seek to utilize other financial assistance programs available through other Federal agencies.
(3)
United States obligations under the Arrangement on Guidelines for Officially Supported Export Credits established through the Organization for Economic Cooperation and Development shall be applicable to this section.
(e)

Solicitations for Project Proposals.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, within one year after the date of enactment of this Act, and subsequently as appropriate thereafter, shall solicit proposals from United States firms for the design, construction, testing, and operation of the project or projects identified under subsection (c) which propose to utilize a United States technology. Each solicitation under this section shall establish a closing date for receipt of proposals.
(2)
The solicitation under this subsection shall, to the extent appropriate, be modeled after the RFP No. DE–PS01–90FE62271 Clean Coal Technology IV as administered by the Department of Energy.
(3)
Any solicitation made under this subsection shall include the following requirements:
(A)
The United States firm that submits a proposal in response to the solicitation shall have an equity interest in the proposed project.
(B)
The project shall utilize a United States clean coal technology, including services related thereto, and, where appropriate, United States coal resources, in meeting the applicable energy and environmental requirements of the host country.
(C)
Proposals for projects shall be submitted by and undertaken with a United States firm, although a joint venture or other teaming arrangement with a non-United States manufacturer or other non-United States entity is permissible.
(f)

Assistance to United States Firms.—
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, and in consultation with the CCT Subgroup, shall establish a procedure to provide financial assistance to United States firms under this section for a project identified under subsection (c) where solicitations for the project are being conducted by the host country or by a multilateral lending institution.
(g)

Other Program Requirements.—
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, and in consultation with the CCT Subgroup, shall—
(1)
establish eligibility criteria for countries that will host projects;
(2)
periodically review the energy needs of such countries and export opportunities for United States firms for the development of projects in such countries;
(3)
consult with government officials in host countries and, as appropriate, with representatives of utilities or other entities in host countries, to determine interest in and support for potential projects; and
(4)
determine whether each project selected under this section is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development.
(h)

Selection of Projects.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, shall, not later than 120 days after receipt of proposals in response to a solicitation under subsection (e), select one or more proposals under this section.
(2)
In selecting a proposal under this section, the Secretary, through the Agency for International Development, shall consider—
(A)
the ability of the United States firm, in cooperation with the host country, to undertake and complete the project;
(B)
the degree to which the equipment to be included in the project is designed and manufactured in the United States;
(C)
the long-term technical and competitive viability of the United States technology, and services related thereto, and the ability of the United States firm to compete in the development of additional energy projects using such technology in the host country and in other foreign countries;
(D)
the extent of technical and financial involvement of the host country in the project;
(E)
the extent to which the proposed project meets the goals and objectives stated in section 1301(a);
(F)
the extent of technical, financial, management, and marketing capabilities of the participants in the project, and the commitment of the participants to completion of a successful project in a manner that will facilitate acceptance of the United States technology for future application; and
(G)
such other criteria as may be appropriate.
(3)
In selecting among proposed projects, the Secretary shall seek to ensure that, relative to otherwise comparable projects in the host country, a selected project will meet 1 or more of the following criteria:
(A)
It will reduce environmental emissions to an extent greater than required by applicable provisions of law.
(B)
It will increase the overall efficiency of the utilization of coal, including energy conversion efficiency and, where applicable, production of products derived from coal.
(C)
It will be a more cost-effective technological alternative, based on life cycle capital and operating costs per unit of energy produced and, where applicable, costs per unit of product produced.
Priority in selection shall be given to those projects which, in the judgment of the Secretary, best meet one or more of these criteria.
(i)

United States-Asia Environmental Partnership.—
Activities carried out under this section shall be coordinated with the United States-Asia Environmental Partnership.
(j)

Buy America.—
In carrying out this section, the Secretary, through the Agency for International Development, and pursuant to the agreements under subsection (a), shall ensure—
(1)
the maximum percentage, but in no case less than 50 percent, of the cost of any equipment furnished in connection with a project authorized under this section shall be attributable to the manufactured United States components of such equipment; and
(2)
the maximum participation of United States firms.
In determining whether the cost of United States components equals or exceeds 50 percent, the cost of assembly of such United States components in the host country shall not be considered a part of the cost of such United States component.
(k)

Reports to Congress.—
The Secretary and the Administrator of the Agency for International Development shall report annually to the Committee on Energy and Natural Resources of the Senate and the appropriate committees of the House of Representatives on the progress being made to introduce clean coal technologies into foreign countries.
(l)

Definition.—
For purposes of this section, the term “host country” means a foreign country which is—
(1)
the participant in or the site of the proposed clean coal technology project; and
(2)
either—
(A)
classified as a country eligible to participate in development assistance programs of the Agency for International Development pursuant to applicable law or regulation; or
(B)
a developing country or country with an economy in transition from a nonmarket to a market economy.
(m)

Authorization for Program.—
There are authorized to be appropriated to the Secretary to carry out the program required by this section, $100,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
[42 U.S.C. 13362]
SEC. 1333.

CONVENTIONAL COAL TECHNOLOGY TRANSFER.
If the Secretary determines that the utilization of a clean coal technology is not practicable for a proposed project and that a United States conventional coal technology would constitute a substantial improvement in efficiency, costs, and environmental performance relative to the technology being used in a developing country or country making the transition from nonmarket to market economies, with significant indigenous coal resources, such technology shall, for purposes of sections 1321 and 1322,10 be considered a clean coal technology. In the case of combustion technologies, only the retrofit, repowering, or replacement of a conventional technology shall constitute a substantial improvement for purposes of this section. In carrying out this section, the Secretary shall give highest priority to promoting the most environmentally sound and energy efficient technologies.
^{10}
Probably should refer to sections 1331 and 1332.
[42 U.S.C. 13363]
SEC. 1334.

STUDY OF UTILIZATION OF COAL COMBUSTION BYPRODUCTS.
(a)

Definition.—
As used in this section, the term “coal combustion byproducts” means the residues from the combustion of coal including ash, slag, and flue gas desulfurization materials.
(b)

Study and Report to Congress.—
(1)
The Secretary shall conduct a detailed and comprehensive study on the institutional, legal, and regulatory barriers to increased utilization of coal combustion byproducts by potential governmental and commercial users. Such study shall identify and investigate barriers found to exist at the Federal, State, or local level, which may have limited or may have the foreseeable effect of limiting the quantities of coal combustion byproducts that are utilized. In conducting this study, the Secretary shall consult with other departments and agencies of the Federal Government, appropriate State and local governments, and the private sector.
(2)
Not later than one year after the date of enactment of this Act, the Secretary shall submit a report to the Congress containing the results of the study required by paragraph (1) and the Secretary's recommendations for action to be taken to increase the utilization of coal combustion byproducts. At a minimum, such report shall identify actions that would increase the utilization of coal combustion byproducts in—
(A)
bridge and highway construction;
(B)
stabilizing wastes;
(C)
procurement by departments and agencies of the Federal Government and State and local governments; and
(D)
federally funded or federally subsidized procurement by the private sector.
[42 U.S.C. 13364]
SEC. 1335.

CALCULATION OF AVOIDED COST.
Nothing in section 210 of the Public Utility Regulatory Policies Act of 1978 (Public Law 95–617) requires a State regulatory authority or nonregulated electric utility to treat a cost reasonably identified to be incurred or to have been incurred in the construction or operation of a facility or a project which has been selected by the Department of Energy and provided Federal funding pursuant to the Clean Coal Program authorized by Public Law 98–473 as an incremental cost of alternative electric energy.
[16 U.S.C. 824a–3 note]
SEC. 1336.

COAL FUEL MIXTURES.
Within one year following the date of enactment of this Act, the Secretary shall submit a report to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of technologies for combining coal with other materials, such as oil or water fuel mixtures. The report shall include—
(1)
a technical and economic feasibility assessment of such technologies;
(2)
projected developments in such technologies;
(3)
an assessment of the market potential of such technologies, including the potential to displace imported crude oil and refined petroleum products;
(4)
identification of barriers to commercialization of such technologies; and
(5)
recommendations for addressing barriers to commercialization.
[42 U.S.C. 13365]
SEC. 1337.

NATIONAL CLEARINGHOUSE.
(a)

Feasibility.—
(1)
The Secretary shall assess the feasibility of establishing a national clearinghouse for the exchange and dissemination of technical information on technology relating to coal and coal-derived fuels.
(2)
In assessing the feasibility, the Secretary shall consider whether such a clearinghouse would be appropriate for purposes of—
(A)
collecting information and data on technology relating to coal, and coal-derived fuels, which can be utilized to improve environmental quality and increase energy independence;
(B)
disseminating to appropriate individuals, governmental departments, agencies, and instrumentalities, institutions of higher education, and other entities, information and data collected pursuant to this section;
(C)
maintaining a library of technology publications and treatises relating to technology information and data collected pursuant to this section;
(D)
organizing and conducting seminars for government officials, utilities, coal companies, and other entities or institutions relating to technology using coal and coal-derived fuels that will improve environmental quality and increase energy independence;
(E)
gathering information on research grants made for the purpose of improving or enhancing technology relating to the use of coal, and coal-derived fuels, which will improve environmental quality and increase energy independence;
(F)
translating into English foreign research papers, articles, seminar proceedings, test results that affect, or could affect, clean coal use technology, and other documents;
(G)
encouraging, during the testing of technologies, the use of coal from a variety of domestic sources, and collecting or developing, or both, complete listings of test results using coals from all sources;
(H)
establishing and maintaining an index or compilation of research projects relating to clean coal technology carried out throughout the world; and
(I)
conducting economic modeling for feasibility of projects.
(b)

Authority To Establish Clearinghouse.—
Based upon the assessment under subsection (a), the Secretary may establish a clearinghouse.
[42 U.S.C. 13366]
SEC. 1338.

COAL EXPORTS.
(a)

Plan.—
Within 180 days after the date of enactment of this Act, the Secretary of Commerce, in cooperation with the Secretary and other appropriate Federal agencies, shall submit to the appropriate committees of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan for expanding exports of coal mined in the United States.
(b)

Plan Contents.—
The plan submitted under subsection (a) shall include—
(1)
a description of the location, size, and projected growth in potential export markets for coal mined in the United States;
(2)
the identification by country of the foreign trade barriers to the export of coal mined in the United States, including foreign coal production and utilization subsidies, tax treatment, labor practices, tariffs, quotas, and other nontariff barriers;
(3)
recommendations and a plan for addressing any such trade barriers;
(4)
an evaluation of existing infrastructure in the United States and any new infrastructure requirements in the United States to support an expansion of exports of coal mined in the United States, including ports, vessels, rail lines, and any other supporting infrastructure; and
(5)
an assessment of environmental implications of coal exports and the identification of export opportunities for blending coal mined in the United States with coal indigenous to other countries to enhance energy efficiency and environmental performance.
[42 U.S.C. 13367]
SEC. 1339.

OWNERSHIP OF COALBED METHANE.
(a)

Federal Lands and Mineral Rights.—
In the case of any deposit of coalbed methane where the United States is the owner of the surface estate or where the United States has transferred the surface estate but reserved the subsurface mineral estate, the Secretary of the Interior shall administer this section. This section and the definitions contained herein shall be applicable only on lands within Affected States.
(b)

Affected States.—
Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, with the participation of the Secretary of Energy, shall publish in the Federal Register a list of Affected States which shall be comprised of States—
(1)
in which the Secretary of the Interior, with the participation of the Secretary of Energy, determines that disputes, uncertainty, or litigation exist, regarding the ownership of coalbed methane gas;
(2)
in which the Secretary of the Interior, with the participation of the Secretary of Energy, determines that development of significant deposits of coalbed methane gas is being impeded by such existing disputes, uncertainty, or litigation regarding ownership of such coalbed methane;
(3)
which do not have in effect a statutory or regulatory procedure or existing case law permitting and encouraging the development of coalbed methane gas within that State; and
(4)
which do not have extensive development of coalbed methane gas.
The Secretary of the Interior, with the participation of the Secretary of Energy, shall revise such list of Affected States from time to time. Any Affected State shall be deleted from the list of Affected States upon the receipt by the Secretary of the Interior of a Governor's petition requesting such deletion, a State law requesting such deletion, or a resolution requesting such deletion enacted by the legislative body of the State. A Governor intending to petition the Secretary of the Interior to delete a State from the list of Affected States shall provide the State's legislative body with 6 months notice of such petition during a legislative session. At the end of such 6-month period, the Governor may petition the Secretary of the Interior to delete a State from the list of Affected States, unless during such 6-month period, the State's legislative body has enacted a law or resolution disapproving the Governor's petition. Until the Secretary of the Interior, with the participation of the Secretary of Energy, publishes a different list, the States of West Virginia, Pennsylvania, Kentucky, Ohio, Tennessee, Indiana, and Illinois shall be the Affected States, effective on the date of the enactment of this Act. The States of Colorado, Montana, New Mexico, Wyoming, Utah, Virginia, Washington, Mississippi, Louisiana, and Alabama shall not be included on the Secretary of the Interior's list of Affected States or any extension or revision thereof.
(c)

Failure To Adopt Statutory or Regulatory Procedure.—
If an Affected State has not placed in effect, by statute or by regulation, a substantial program promoting the permitting, drilling and production of coalbed methane wells (including pooling arrangements) within that State within 3 years after becoming an Affected State, the Secretary of the Interior, with the participation of the Secretary of Energy, shall administer this section and shall promulgate such regulations as are necessary to carry out this section in that State.
(d)

Implementation by the Secretary of the Interior.—
In implementing this section, the Secretary of the Interior, with the participation of the Secretary of Energy, shall—
(A)
consider existing and future coal mining plans,
(B)
preserve the mineability of coal seams, and
(C)
provide for the prevention of waste and maximization of recovery of coal and coalbed methane gas in a manner which will protect the rights of all entities owning an interest in such coalbed methane resource.
(e)

Spacing.—
Except where State law in an Affected State contains existing spacing requirements regarding the minimum distance between coalbed methane wells and the minimum distance of a coalbed methane well from a property line, the Secretary of the Interior shall establish such requirements within 90 days after the assertion of jurisdiction pursuant to subsection (c) of this section.
(f)

Spacing Units.—
Applications to establish spacing units for the drilling and operation of coalbed methane gas wells may be filed by any entity claiming a coalbed methane ownership interest within a proposed spacing unit. Upon receipt and approval of an application, the Secretary of the Interior shall issue an order establishing the boundaries of the coalbed methane spacing unit. Spacing units shall generally be uniform in size.
(g)

Development Under Pooling Arrangement.—
Following issuance of an order establishing a spacing unit under subsection (f), and pursuant to an application for pooling filed by the entity claiming a coalbed methane ownership interest and proposing to drill a coalbed methane gas well, the Secretary of the Interior shall hold a hearing to consider the application for pooling and shall, if the criteria of this section are met, issue an order allowing the proposed pooling of acreage within the designated spacing unit for purposes of drilling and production of coalbed methane from the spacing unit. The pooling order shall not be issued before notice or a reasonable and diligent effort to provide notice has been made to each entity which may claim an ownership interest in the coalbed methane gas within such spacing unit and each such entity has been offered an opportunity to appear before the Secretary of the Interior at the hearing. Upon issuance of a pooling order, each owner or claimant of an ownership interest shall be allowed to make one of the following elections:
(1)
An election to sell or lease its coalbed methane ownership interest to the unit operator at a rate determined by the Secretary of the Interior as set forth in the pooling order.
(2)
An election to become a participating working interest owner by bearing a share of the risks and costs of drilling, completing, equipping, gathering, operating (including all disposal costs), plugging and abandoning the well, and receiving a share of production from the well.
(3)
An election to share in the operation of the well as a nonparticipating working interest owner by relinquishing its working interest to participating working interest owners until the proceeds allocable to its share equal 300 percent of the share of such costs allocable to its interest. Thereafter, the nonparticipating working interest owner shall become a participating working interest owner.
The pooling order shall designate a unit operator who shall be authorized to drill and operate the spacing unit. The pooling order shall provide that any entity claiming an ownership interest in the coalbed methane within such spacing unit which does not make an election under the pooling order shall be deemed to have leased its coalbed methane interest to the unit operator under such terms and conditions as the pooling order may provide. No pooling order may be issued under this paragraph for any spacing unit if all entities claiming an ownership interest in the coalbed methane in the spacing unit have entered into a voluntary agreement providing for the drilling and operation of the coalbed methane gas well for the spacing unit.
(h)

Escrow Account.—
(1)
Each pooling order issued under subsection (g) shall provide for the establishment of an escrow account into which the payment of costs and proceeds attributable to the conflicting interests shall be deposited and held for the interest of the claimants as follows:
(A)
Each participating working interest owner, except for the unit operator, shall deposit in the escrow account its proportionate share of the costs allocable to the ownership interest claimed by each such participating working interest owner as set forth in the pooling order issued by the Secretary of the Interior.
(B)
The unit operator shall deposit in the escrow account all proceeds attributable to the conflicting interests of lessees, plus all proceeds in excess of ongoing operational expenses (including reasonable overhead costs) attributable to conflicting working interests.
(2)
The Secretary of the Interior shall order payment of principal and accrued interest from the escrow account to all legally entitled entities within 30 days of receipt by the Secretary of the Interior of notification of the final legal determination of entitlement or upon agreement of all entities claiming an ownership interest in the coalbed methane gas. Upon such final determination—
(A)
each legally entitled participating working interest owner shall receive a proportionate share of the proceeds attributable to the conflicting ownership interest;
(B)
each legally entitled nonparticipating working interest owner shall receive a proportionate share of the proceeds attributable to the conflicting ownership interest, less the cost of being carried as a nonparticipating working interest owner (as determined by the election of the entity under the applicable pooling order);
(C)
each entity leasing (or deemed to have leased) its coalbed methane ownership interest to the unit operator shall receive a share of the royalty proceeds (as set out in the applicable pooling order) attributable to the conflicting interests of lessees; and
(D)
the unit operator shall receive the costs contributed to the escrow account by each legally entitled participating working interest owner.
The Secretary of the Interior shall enact rules and regulations for the administration and protection of funds delivered to the escrow accounts.
(i)

Approval of the Secretary of the Interior.—
No entity may drill any well for the production of coalbed methane gas from a coal seam, subject to the provisions of subsection (g), in an Affected State unless the drilling of such well has been approved by the Secretary of the Interior.
(j)

Authorization To Stimulate a Coal Seam.—
(1)
No operator of a coalbed methane well may stimulate a coal seam without the written consent of each entity which, at the time that the coalbed methane operator applies for a drilling permit, is operating a coal mine, or has by virtue of his property rights in the coal the ability to operate a coal mine, located within a horizontal or vertical distance from the point of stimulation as established by the Secretary of the Interior pursuant to paragraph (3) of this subsection. In seeking the coal operator's consent, a coalbed methane well operator shall provide the coal operator with necessary information about such stimulation, including relevant information to ensure compliance with coal mine safety laws and rules.
(2)
In the absence of a written consent pursuant to paragraph (1) and at the request of a coalbed methane operator, the Secretary of the Interior shall make a determination regarding stimulation of a coal seam. Such request shall include an affidavit which shall—
(A)
state that an entity from which consent is required pursuant to paragraph (1) has refused to provide written consent;
(B)
set forth in detail the efforts undertaken by the applicant to obtain such written consent;
(C)
state the known reasons for the consent not being provided;
(D)
set forth the conditions and compensation, if any, offered by the applicant as part of the efforts to obtain consent; and
(E)
provide prima facie evidence that the method of stimulation proposed by the coalbed methane operator will not (i) cause unreasonable loss or damage to the coal seam considering all factors, including the prospect, taking into consideration the economics of the coal industry, that coal seams for which no actual or proposed mining plans exist will be mined at some future date, or (ii) violate mine safety requirements. If a denial of consent by a coal operator is based on reasons related to safety, the Secretary of the Interior shall seek the views and recommendations of the appropriate State or Federal coal mine safety agency. Any determination by the Secretary of the Interior shall be in accordance with all applicable Federal and State coal mine safety laws and such views and recommendations. A determination by the Secretary of the Interior approving a method of stimulation may include reasonable conditions including, but not limited to, conditions to mitigate, to the extent practicable, economic damage to the coal seam. Any determination approving or denying a method of stimulation by the Secretary of the Interior shall be subject to appeal. Interested entities shall be allowed to participate in and comment on proceedings under this paragraph.
(3)
The Secretary of the Interior shall by rule establish, for an Affected State, a region thereof, or a multi-State region comprised of Affected States, the boundaries within which a coalbed methane operator shall be required to obtain written consent from a coal operator pursuant to paragraph (1). Such boundaries shall be stated in terms of a horizontal and a vertical distance from the point of stimulation and shall be determined based on an evaluation of the maximum length, height and depth of fracture producible in a coal seam in such Affected State, region thereof, or multi-State region comprised of Affected States.
(4)
The consent required under this subsection shall in no way be deemed to impair, abridge, or affect any contractual rights or objections arising out of a coalbed methane gas contract or coalbed methane gas lease in existence as of the effective date of this section between the coalbed methane operator and the coal operator, and the existence of such lease or contractual agreement and any extensions or renewals of such lease shall be deemed to fully meet the requirements of this section.
(5)
Nothing in this subsection precludes either a coal operator or a coalbed methane operator from seeking in the appropriate State forum compensation for the consequences of a determination by the Secretary of the Interior pursuant to paragraph (2).
(k)

Notice and Objection.—
(1)
The Secretary of the Interior shall not approve the drilling of any coalbed methane well unless the unit operator has notified each entity which is operating, or has the ability, by virtue of his property rights in the coal, to operate, a coal mine in any portion of the coalbed that would be affected by such well within the distances established pursuant to the rules promulgated under subsection (j)(3). Any notified entity may object to the drilling of such well within 30 days after receipt of a notice. Upon receipt of a timely objection to the drilling of any coalbed methane gas well submitted by a notified entity, the Secretary of the Interior may refuse to approve the drilling of the well based on any of the following:
(A)
The proposed activity, due to its proximity to any coal mine opening, shaft, underground workings, or to any proposed extension of the coal mine, would adversely affect any operating, inactive or abandoned coal mine, including any coal mine already surveyed and platted but not yet being operated.
(B)
The proposed activity would not conform with a coal operator's development plan for an existing or proposed operation.
(C)
There would be an unreasonable interference from the proposed activity with present or future coal mining operations, including the ability to comply with other applicable laws and regulations.
(D)
The presence of evidence indicating that the proposed drilling activities would be unsafe, taking into consideration the dangers from creeps, squeezes or other disturbances due to the extraction of coal.
(E)
The proposed activity would unreasonably interfere with the safe recovery of coal, oil and gas.
(2)
In the event the Secretary of the Interior does not approve the drilling of a coalbed methane well pursuant to paragraph (1), the Secretary of the Interior shall consider whether such drilling could be approved if the unit operator modifies the proposed activities to take into account any of the following:
(A)
The proposed activity could instead be reasonably done through an existing or planned pillar of coal, or in close proximity to an existing well or such pillar of coal, taking into consideration surface topography.
(B)
The proposed activity could instead be moved to a mined-out area, below the coal outcrop or to some other feasible area.
(C)
The unit operator agrees to a drilling moratorium of not more than two years in order to permit completion of coal mining operations.
(D)
The practicality of locating the proposed spacing unit or well on a uniform pattern with other spacing units or wells.
(l)

Plugging.—
All coalbed methane wells drilled after enactment of this Act that penetrate coal seams with remaining reserves shall provide for subsequent safe mining through the well in accordance with standards prescribed by the Secretary of the Interior, in consultation with any Federal and State agencies having authority over coal mine safety. Well plugging costs should be allocated in accordance with State law or private contractual arrangement, as the case may be.
(m)

Notice and Objection by Other Parties.—
The Secretary of the Interior shall not approve the drilling of any coalbed methane well unless such well complies with the spacing and other requirements established by the Secretary of the Interior and each of the following:
(1)
The unit operator of such well has notified, or has made a reasonable and diligent effort to notify, all entities claiming ownership of coalbed methane to be drained by such well and provided an opportunity to object in accordance with requirements established by the Secretary of the Interior.
(2)
Where conflicting interests exist, an order under subsection (g) establishing pooling requirements has been issued.
The notification requirements of this subsection shall be additional to the notification referred to in subsection (k). The Secretary of the Interior shall establish the conditions under which entities claiming ownership of coalbed methane may object to the drilling of a coalbed methane well.
(n)

Venting for Safety.—
Nothing in this section shall be construed to prevent or inhibit the entity which has the right to develop and mine coal in any mine from venting coalbed methane gas to ensure safe mine operations.
(o)

Other Laws.—
The Secretary of the Interior shall comply with all applicable Federal and State coal mine safety laws and regulations.
(p)

Definitions.—
As used in this section—
(1)
The term “Affected State” means a State listed by the Secretary of the Interior, with the participation of the Secretary of Energy, under subsection (b).
(2)
The term “coalbed methane gas” means occluded natural gas produced (or which may be produced) from coalbeds and rock strata associated therewith.
(3)
The term “unit operator” means the entity designated in a pooling order to develop a spacing unit by the drilling of one or more wells on the unit.
(4)
The term “nonparticipating working interest owner” means a gas or oil owner of a tract included in a spacing unit which elects to share in the operation of the well on a carried basis by agreeing to have its proportionate share of the costs allocable to its interest charged against its share of production of the well in accordance with subsection (f)(3).
(5)
The term “participating working interest owner” means a gas or oil owner which elects to bear a share of the risks and costs of drilling, completing, equipping, gathering, operating (including any and all disposal costs) plugging, and abandoning a well on a spacing unit and to receive a share of production from the well equal to the proportion which the acreage in the spacing unit it owns or holds under lease bears to the total acreage of the spacing unit.
(6)
The term “coal seam” means any stratum of coal 20 inches or more in thickness, unless a stratum of less thickness is being commercially worked, or can in the judgment of the Secretary of the Interior forseeably be commercially worked and will require protection if wells are being drilled through it.
[42 U.S.C. 13368]
SEC. 1340.

ESTABLISHMENT OF DATA BASE AND STUDY OF TRANSPORTATION RATES.
(a)

Data Base.—
The Secretary shall review the information currently collected by the Federal Government and shall determine whether information on transportation rates for rail and pipeline transport of domestic coal, oil, and gas during the period of January 1, 1988, through December 31, 1997, is reasonably available. If he determines that such information is not reasonably available, the Secretary shall establish a data base containing, to the maximum extent practicable, information on all such rates. The confidentiality of contract rates shall be preserved. To obtain data pertaining to rail contract rates, the Secretary shall acquire such data in aggregate form only from the Surface Transportation Board, under terms and conditions that maintain the confidentiality of such rates.
(b)

Study.—
The Energy Information Administration shall determine the extent to which any agency of the Federal Government is studying the rates and distribution patterns of domestic coal, oil, and gas to determine the impact of the Clean Air Act as amended by the Act entitled “An Act to amend the Clean Air Act to provide for attainment and maintenance of health protective national ambient air quality standards, and for other purposes.”, enacted November 15, 1990 (Public Law 101–549), and other Federal policies on such rates and distribution patterns. If the Energy Information Administration finds that no such study is underway, or that reports of the results of such study will not be available to the Congress providing the information specified in this subsection and subsection (a) by the dates established in subsection (c), the Energy Information Administration shall initiate such a study.
(c)

Reports to Congress.—
Within one year after the date of enactment of this Act, the Secretary shall report to the Congress on the determination the Energy Information Administration is required to make under subsection (b). Within three years after the date of enactment of this Act, the Secretary shall submit reports on any data base or study developed under this section. Any such reports shall be updated and resubmitted to the Congress within eight years after such date of enactment. If the Energy Information Administration has determined pursuant to subsection (b) that another study or studies will provide all or part of the information called for in this section, the Secretary shall transmit the results of that study by the dates established in this subsection, together with his comments.
(d)

Consultation With Other Agencies.—
The Secretary and the Energy Information Administration shall consult with the Chairmen of the Federal Energy Regulatory Commission and the Surface Transportation Board in implementing this section.
[42 U.S.C. 13369]
SEC. 1341.

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for carrying out this subtitle, other than section 1322,11 such sums as may be necessary for fiscal years 1993 through 1998.
^{11}
Probably should refer to section 1332.
[42 U.S.C. 13370]
* * * * * * *
TITLE XVI—

GLOBAL CLIMATE CHANGE
SEC. 1601.

REPORT.
Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress that includes an assessment of—
(1)
the feasibility and economic, energy, social, environmental, and competitive implications, including implications for jobs, of stabilizing the generation of greenhouse gases in the United States by the year 2005;
(2)
the recommendations made in chapter 9 of the 1991 National Academy of Sciences report entitled “Policy Implications of Greenhouse Warming”, including an analysis of the benefits and costs of each recommendation;
(3)
the extent to which the United States is responding, compared with other countries, to the recommendations made in chapter 9 of the 1991 National Academy of Sciences report;
(4)
the feasibility of reducing the generation of greenhouse gases;
(5)
the feasibility and economic, energy, social, environmental, and competitive implications, including implications for jobs, of achieving a 20 percent reduction from 1988 levels in the generation of carbon dioxide by the year 2005 as recommended by the 1988 Toronto Scientific World Conference on the Changing Atmosphere;
(6)
the potential economic, energy, social, environmental, and competitive implications, including implications for jobs, of implementing the policies necessary to enable the United States to comply with any obligations under the United Nations Framework Convention on Climate Change or subsequent international agreements.
[42 U.S.C. 13381]
SEC. 1602.

LEAST-COST ENERGY STRATEGY.
(a)

Strategy.—
The first National Energy Policy Plan (in this title referred to as the “Plan”) under section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) prepared and required to be submitted by the President to Congress after February 1, 1993, and each subsequent such Plan, shall include a least-cost energy strategy prepared by the Secretary. In developing the least-cost energy strategy, the Secretary shall take into consideration the economic, energy, social, environmental, and competitive costs and benefits, including costs and benefits for jobs, of his choices. Such strategy shall also take into account the report required under section 1601 and relevant Federal, State, and local requirements. Such strategy shall be designed to achieve to the maximum extent practicable and at least-cost to the Nation—
(1)
the energy production, utilization, and energy conservation priorities of subsection (d);
(2)
the stabilization and eventual reduction in the generation of greenhouse gases;
(3)
an increase in the efficiency of the Nation's total energy use by 30 percent over 1988 levels by the year 2010;
(4)
an increase in the percentage of energy derived from renewable resources by 75 percent over 1988 levels by the year 2005; and
(5)
a reduction in the Nation's oil consumption from the 1990 level of approximately 40 percent of total energy use to 35 percent by the year 2005.
(b)

Additional Contents.—
The least-cost energy strategy shall also include—
(1)
a comprehensive inventory of available energy and energy efficiency resources and their projected costs, taking into account all costs of production, transportation, distribution, and utilization of such resources, including—
(A)
coal, clean coal technologies, coal seam methane, and underground coal gasification;
(B)
energy efficiency, including existing technologies for increased efficiency in production, transportation, distribution, and utilization of energy, and other technologies that are anticipated to be available through further research and development; and
(C)
other energy resources, such as renewable energy, solar energy, nuclear fission, fusion, geothermal, biomass, fuel cells, hydropower, and natural gas;
(2)
a proposed two-year program for ensuring adequate supplies of the energy and energy efficiency resources and technologies described in paragraph (1), and an identification of administrative actions that can be undertaken within existing Federal authority to ensure their adequate supply;
(3)
estimates of life-cycle costs for existing energy production facilities;
(4)
basecase forecasts of short-term and long-term national energy needs under low and high case assumptions of economic growth; and
(5)
an identification of all applicable Federal authorities needed to achieve the purposes of this section, and of any inadequacies in those authorities.
(c)

Secretarial Consideration.—
In developing the least-cost energy strategy, the Secretary shall give full consideration to—
(1)
the relative costs of each energy and energy efficiency resource based upon a comparison of all direct and quantifiable net costs for the resource over its available life, including the cost of production, transportation, distribution, utilization, waste management, environmental compliance, and, in the case of imported energy resources, maintaining access to foreign sources of supply; and
(2)
the economic, energy, social, environmental, and competitive consequences resulting from the establishment of any particular order of Federal priority as determined under subsection (d).
(d)

Priorities.—
The least-cost energy strategy shall identify Federal priorities, including policies that—
(1)
implement standards for more efficient use of fossil fuels;
(2)
increase the energy efficiency of existing technologies;
(3)
encourage technologies, including clean coal technologies, that generate lower levels of greenhouse gases;
(4)
promote the use of renewable energy resources, including solar, geothermal, sustainable biomass, hydropower, and wind power;
(5)
affect the development and consumption of energy and energy efficiency resources and electricity through tax policy;
(6)
encourage investment in energy efficient equipment and technologies; and
(7)
encourage the development of energy technologies, such as advanced nuclear fission and nuclear fusion, that produce energy without greenhouse gases as a byproduct, and encourage the deployment of nuclear electric generating capacity.
(e)

Assumptions.—
The Secretary shall include in the least-cost energy strategy an identification of all of the assumptions used in developing the strategy and priorities thereunder, and the reasons for such assumptions.
(f)

Preference.—
When comparing an energy efficiency resource to an energy resource, a higher priority shall be assigned to the energy efficiency resource whenever all direct and quantifiable net costs for the resource over its available life are equal to the estimated cost of the energy resource.
(g)

Public Review and Comment.—
The Secretary shall provide for a period of public review and comment of the least-cost energy strategy, for a period of at least 30 days, to be completed at least 60 days before the issuance of such strategy. The Secretary shall also provide for public review and comment before the issuance of any update to the least-cost energy strategy required under this section.
[42 U.S.C. 13382]
SEC. 1603.

DIRECTOR OF CLIMATE PROTECTION.
Within 6 months after the date of the enactment of this Act, the Secretary shall establish, within the Department of Energy, a Director of Climate Protection (in this section referred to as the “Director”). The Director shall—
(1)
in the absence of the Secretary, serve as the Secretary's representative for interagency and multilateral policy discussions of global climate change, including the activities of the Committee on Earth and Environmental Sciences as established by the Global Change Research Act of 1990 (Public Law 101–606) and the Policy Coordinating Committee Working Group on Climate Change;
(2)
monitor, in cooperation with other Federal agencies, domestic and international policies for their effects on the generation of greenhouse gases; and
(3)
have the authority to participate in the planning activities of relevant Department of Energy programs.
[42 U.S.C. 13383]
SEC. 1604.

ASSESSMENT OF ALTERNATIVE POLICY MECHANISMS FOR ADDRESSING GREENHOUSE GAS EMISSIONS.
Not later than 18 months after the date of the enactment of this Act, the Secretary shall transmit a report to Congress containing a comparative assessment of alternative policy mechanisms for reducing the generation of greenhouse gases. Such assessment shall include a short-run and long-run analysis of the social, economic, energy, environmental, competitive, and agricultural costs and benefits, including costs and benefits for jobs and competition, and the practicality of each of the following policy mechanisms:
(1)
Various systems for controlling the generation of greenhouse gases, including caps for the generation of greenhouse gases from major sources and emissions trading programs.
(2)
Federal standards for energy efficiency for major sources of greenhouse gases, including efficiency standards for power plants, industrial processes, automobile fuel economy, appliances, and buildings, and for emissions of methane.
(3)
Various Federal and voluntary incentives programs.
[42 U.S.C. 13384]
SEC. 1605.

NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES.
(a)

National Inventory.—
Not later than one year after the date of the enactment of this Act, the Secretary, through the Energy Information Administration, shall develop, based on data available to, and obtained by, the Energy Information Administration, an inventory of the national aggregate emissions of each greenhouse gas for each calendar year of the baseline period of 1987 through 1990. The Administrator of the Energy Information Administration shall annually update and analyze such inventory using available data. This subsection does not provide any new data collection authority.
(b)

Voluntary Reporting.—
(1)

Issuance of guidelines.—
Not later than 18 months after the date of the enactment of this Act, the Secretary shall, after opportunity for public comment, issue guidelines for the voluntary collection and reporting of information on sources of greenhouse gases. Such guidelines shall establish procedures for the accurate voluntary reporting of information on—
(A)
greenhouse gas emissions—
(i)
for the baseline period of 1987 through 1990; and
(ii)
for subsequent calendar years on an annual basis;
(B)
annual reductions of greenhouse gas emissions and carbon fixation achieved through any measures, including fuel switching, forest management practices, tree planting, use of renewable energy, manufacture or use of vehicles with reduced greenhouse gas emissions, appliance efficiency, energy efficiency, methane recovery, cogeneration, chlorofluorocarbon capture and replacement, and power plant heat rate improvement;
(C)
reductions in greenhouse gas emissions achieved as a result of—
(i)
voluntary reductions;
(ii)
plant or facility closings; and
(iii)
State or Federal requirements; and
(D)
an aggregate calculation of greenhouse gas emissions by each reporting entity.
Such guidelines shall also establish procedures for taking into account the differential radiative activity and atmospheric lifetimes of each greenhouse gas.
(2)

Reporting procedures.—
The Administrator of the Energy Information Administration shall develop forms for voluntary reporting under the guidelines established under paragraph (1), and shall make such forms available to entities wishing to report such information. Persons reporting under this subsection shall certify the accuracy of the information reported.
(3)

Confidentiality.—
Trade secret and commercial or financial information that is privileged or confidential shall be protected as provided in section 552(b)(4) of title 5, United States Code.
(4)

Establishment of data base.—
Not later than 18 months after the date of the enactment of this Act, the Secretary, through the Administrator of the Energy Information Administration, shall establish a data base comprised of information voluntarily reported under this subsection. Such information may be used by the reporting entity to demonstrate achieved reductions of greenhouse gases.
(c)

Consultation.—
In carrying out this section, the Secretary shall consult, as appropriate, with the Administrator of the Environmental Protection Agency.
[42 U.S.C. 13385]
SEC. 1606.

REPEAL.
Title III of the Energy Security Act (42 U.S.C. 7361 et seq.) is hereby repealed.
[42 U.S.C. 13386]
SEC. 1607.

CONFORMING AMENDMENT.
The Secretary, through the Trade Promotion Coordinating Council, shall develop policies and programs to encourage the export and promotion of domestic energy resource technologies, including renewable energy, energy efficiency, and clean coal technologies, to developing countries.
[42 U.S.C. 13387]
SEC. 1608.

INNOVATIVE ENVIRONMENTAL TECHNOLOGY TRANSFER PROGRAM.
(a)

Establishment of Program.—
The Secretary, through the Agency for International Development, and in consultation with the interagency working group established under section 256(d) of the Energy Policy and Conservation Act (in this section referred to as the “interagency working group”12, shall establish a technology transfer program to carry out the purposes described in subsection (b). Within 150 days after the date of the enactment of this Act, the Secretary and the Administrator of the Agency for International Development shall enter into a written agreement to carry out this section. The agreement shall establish a procedure for resolving any disputes between the Secretary and the Administrator regarding the implementation of specific projects. With respect to countries not assisted by the Agency for International Development, the Secretary may enter into agreements with other appropriate Federal agencies. If the Secretary and the Administrator, or the Secretary and an agency described in the previous sentence, are unable to reach an agreement, each shall send a memorandum to the President outlining an appropriate agreement. Within 90 days after receipt of either memorandum, the President shall determine which version of the agreement shall be in effect. Any agreement entered into under this subsection shall be provided to the appropriate committees of the Congress and made available to the public.
^{12}
Probably should have closing parenthesis here.
(b)

Purposes of the Program.—
The purposes of the technology transfer program under this section are to—
(1)
reduce the United States balance of trade deficit through the export of United States energy technologies and technological expertise;
(2)
retain and create manufacturing and related service jobs in the United States;
(3)
encourage the export of United States technologies, including services related thereto, to those countries that have a need for developmentally sound facilities to provide energy derived from technologies that substantially reduce environmental pollutants, including greenhouse gases;
(4)
develop markets for United States technologies, including services related thereto, that substantially reduce environmental pollutants, including greenhouse gases, that meet the energy and environmental requirements of foreign countries;
(5)
better ensure that United States participation in energy-related projects in foreign countries includes participation by United States firms as well as utilization of United States technologies;
(6)
ensure the introduction of United States firms and expertise in foreign countries;
(7)
provide financial assistance by the Federal Government to foster greater participation by United States firms in the financing, ownership, design, construction, or operation of technologies or services that substantially reduce environmental pollutants, including greenhouse gases; and
(8)
assist United States firms, especially firms that are in competition with firms in foreign countries, to obtain opportunities to transfer technologies to, or undertake projects in, foreign countries.
(c)

Identification.—
Pursuant to the agreements required by subsection (a), the Secretary, through the Agency for International Development, and after consultation with the interagency working group, United States firms, and representatives from foreign countries, shall develop mechanisms to identify potential energy projects in host countries that substantially reduce environmental pollutants, including greenhouse gases, and shall identify a list of such projects within 240 days after the date of the enactment of this Act, and periodically thereafter.
(d)

Financial Mechanisms.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, shall—
(A)
establish appropriate financial mechanisms to increase the participation of United States firms in energy projects, and services related thereto, that substantially reduce environmental pollutants, including greenhouse gases in foreign countries;
(B)
utilize available financial assistance authorized by this section to counterbalance assistance provided by foreign governments to non-United States firms; and
(C)
provide financial assistance to support projects.
(2)
The financial assistance authorized by this section may be—
(A)
provided in combination with other forms of financial assistance, including non-Federal funding that may be available for the project; and
(B)
utilized in conjunction with financial assistance programs available through other Federal agencies.
(3)
United States obligations under the Arrangement on Guidelines for Officially Supported Export Credits established through the Organization for Economic Cooperation and Development shall be applicable to this section.
(e)

Solicitations for Project Proposals.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, within one year after the date of the enactment of this Act, and subsequently as appropriate thereafter, shall solicit proposals from United States firms for the design, construction, testing, and operation of the project or projects identified under subsection (c) which propose to utilize a United States technology or service. Each solicitation under this section shall establish a closing date for receipt of proposals.
(2)
The solicitation under this subsection shall, to the extent appropriate, be modeled after the RFP No. DE–PS01–90FE62271 Clean Coal Technology IV, as administered by the Department of Energy.
(3)
Any solicitation made under this subsection shall include the following requirements:
(A)
The United States firm that submits a proposal in response to the solicitation shall have an equity interest in the proposed project.
(B)
The project shall utilize a United States technology, including services related thereto, that substantially reduce environmental pollutants, including greenhouse gases, in meeting the applicable energy and environmental requirements of the host country.
(C)
Proposals for projects shall be submitted by and undertaken with a United States firm, although a joint venture or other teaming arrangement with a non-United States manufacturer or other non-United States entity is permissible.
(f)

Assistance to United States Firms.—
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, and in consultation with the interagency working group, shall establish a procedure to provide financial assistance to United States firms under this section for a project identified under subsection (c) where solicitations for the project are being conducted by the host country or by a multilateral lending institution.
(g)

Other Program Requirements.—
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, and in consultation with the interagency working group, shall—
(1)
establish eligibility criteria for countries that will host projects;
(2)
periodically review the energy needs of such countries and export opportunities for United States firms for the development of projects in such countries;
(3)
consult with government officials in host countries and, as appropriate, with representatives of utilities or other entities in host countries, to determine interest in and support for potential projects; and
(4)
determine whether each project selected under this section is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development.
(h)

Eligible Technologies.—
Not later than 6 months after the date of the enactment of this Act, the Secretary shall prepare a list of eligible technologies and services under this section. In preparing such a list, the Secretary shall consider fuel cell powerplants, aeroderivitive gas turbines and catalytic combustion technologies for aeroderivitive gas turbines, ocean thermal energy conversion technology, anaerobic digester and storage tanks, and other renewable energy and energy efficiency technologies.
(i)

Selection of Projects.—
(1)
Pursuant to the agreements under subsection (a), the Secretary, through the Agency for International Development, shall, not later than 120 days after receipt of proposals in response to a solicitation under subsection (e), select one or more proposals under this section.
(2)
In selecting a proposal under this section, the Secretary, through the Agency for International Development, shall consider—
(A)
the ability of the United States firm, in cooperation with the host country, to undertake and complete the project;
(B)
the degree to which the equipment to be included in the project is designed and manufactured in the United States;
(C)
the long-term technical and competitive viability of the United States technology, and services related thereto, and the ability of the United States firm to compete in the development of additional energy projects using such technology in the host country and in other foreign countries;
(D)
the extent of technical and financial involvement of the host country in the project;
(E)
the extent to which the proposed project meets the purposes of this section;
(F)
the extent of technical, financial, management, and marketing capabilities of the participants in the project, and the commitment of the participants to completion of a successful project in a manner that will facilitate acceptance of the United States technology or service for future application; and
(G)
such other criteria as may be appropriate.
(3)
In selecting among proposed projects, the Secretary shall seek to ensure that, relative to otherwise comparable projects in the host country, a selected project will meet the following criteria:
(A)
It will reduce environmental emissions, including greenhouse gases, to an extent greater than required by applicable provisions of law.
(B)
It will be a more cost-effective technological alternative, based on life cycle capital and operating costs per unit of energy produced and, where applicable, costs per unit of product produced.
(C)
It will increase the overall efficiency of energy use.
Priority in selection shall be given to those projects which, in the judgment of the Secretary, best meet these criteria.
(j)

United States-Asia Environmental Partnership.—
Activities carried out under this section shall be coordinated with the United States-Asia Environmental Partnership.
(k)

Buy America.—
In carrying out this section, the Secretary, through the Agency for International Development, and pursuant to the agreements under subsection (a), shall ensure—
(1)
the maximum percentage, but in no case less than 50 percent, of the cost of any equipment furnished in connection with a project authorized under this section shall be attributable to the manufactured United States components of such equipment; and
(2)
the maximum participation of United States firms.
In determining whether the cost of United States components equals or exceeds 50 percent, the cost of assembly of such United States components in the host country shall not be considered a part of the cost of such United States component.
(l)

Report to Congress.—
The Secretary and the Administrator of the Agency for International Development shall report annually to the Committee on Energy and Natural Resources of the Senate and the appropriate committees of the House of Representatives on the progress being made to introduce innovative energy technologies, and services related thereto, that substantially reduce environmental pollutants, including greenhouse gases, into foreign countries.
(m)

Definitions.—
For purposes of this section—
(1)
the term “host country” means a foreign country which is—
(A)
the participant in or the site of the proposed innovative energy technology project; and
(B)
either—
(i)
classified as a country eligible to participate in development assistance programs of the Agency for International Development pursuant to applicable law or regulation; or
(ii)
a developing country; and
(2)
the term “developing country” includes, but is not limited to, countries in Central and Eastern Europe or in the independent states of the former Soviet Union.
(n)

Authorization for Program.—
There are authorized to be appropriated to the Secretary to carry out the program required by this section, $100,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
[42 U.S.C. 13387]
SEC. 1609.

GLOBAL CLIMATE CHANGE RESPONSE FUND.
(a)

Establishment of the Fund.—
The Secretary of the Treasury, in consultation with the Secretary of State, shall establish a Global Climate Change Response Fund to act as a mechanism for United States contributions to assist global efforts in mitigating and adapting to global climate change.
(b)

Restrictions on Deposits.—
No deposits shall be made to the Global Climate Change Response Fund until the United States has ratified the United Nations Framework Convention on Climate Change.
(c)

Use of the Fund.—
Moneys deposited into the Fund shall be used by the President, to the extent authorized and appropriated under section 302 of the Foreign Assistance Act of 1961, solely for contributions to a financial mechanism negotiated pursuant to the United Nations Framework Convention on Climate Change, including all protocols or agreements related thereto.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated for deposit in the Fund to carry out the purposes of this section, $50,000,000 for fiscal year 1994 and such sums as may be necessary for fiscal years 1995 and 1996.
[42 U.S.C. 13388]
* * * * * * *
TITLE XVIII—

OIL PIPELINE REGULATORY REFORM
SEC. 1801.

OIL PIPELINE RATEMAKING METHODOLOGY.
(a)

Establishment.—
Not later than 1 year after the date of the enactment of this Act, the Federal Energy Regulatory Commission shall issue a final rule which establishes a simplified and generally applicable ratemaking methodology for oil pipelines in accordance with section 1(5) of part I of the Interstate Commerce Act.
(b)

Effective Date.—
The final rule to be issued under subsection (a) may not take effect before the 365th day following the date of the issuance of the rule.
SEC. 1802.

STREAMLINING OF COMMISSION PROCEDURES.
(a)

Rulemaking.—
Not later than 18 months after the date of the enactment of this Act, the Commission shall issue a final rule to streamline procedures of the Commission relating to oil pipeline rates in order to avoid unnecessary regulatory costs and delays.
(b)

Scope of Rulemaking.—
Issues to be considered in the rulemaking proceeding to be conducted under subsection (a) shall include the following:
(1)
Identification of information to be filed with an oil pipeline tariff and the availability to the public of any analysis of such tariff filing performed by the Commission or its staff.
(2)
Qualification for standing (including definitions of economic interest) of parties who protest oil pipeline tariff filings or file complaints thereto.
(3)
The level of specificity required for a protest or complaint and guidelines for Commission action on the portion of the tariff or rate filing subject to protest or complaint.
(4)
An opportunity for the oil pipeline to file a response for the record to an initial protest or complaint.
(5)
Identification of specific circumstances under which Commission staff may initiate a protest.
(c)

Additional Procedural Changes.—
In conducting the rulemaking proceeding to carry out subsection (a), the Commission shall identify and transmit to Congress any other procedural changes relating to oil pipeline rates which the Commission determines are necessary to avoid unnecessary regulatory costs and delays and for which additional legislative authority may be necessary.
(d)

Withdrawal of Tariffs and Complaints.—
(1)

Withdrawal of tariffs.—
If an oil pipeline tariff which is filed under part I of the Interstate Commerce Act and which is subject to investigation is withdrawn—
(A)
any proceeding with respect to such tariff shall be terminated;
(B)
the previous tariff rate shall be reinstated; and
(C)
any amounts collected under the withdrawn tariff rate which are in excess of the previous tariff rate shall be refunded.
(2)

Withdrawal of complaints.—
If a complaint which is filed under section 13 of the Interstate Commerce Act with respect to an oil pipeline tariff is withdrawn, any proceeding with respect to such complaint shall be terminated.
(e)

Alternative Dispute Resolution.—
To the maximum extent practicable, the Commission shall establish appropriate alternative dispute resolution procedures, including required negotiations and voluntary arbitration, early in an oil pipeline rate proceeding as a method preferable to adjudication in resolving disputes relating to the rate. Any proposed rates derived from implementation of such procedures shall be considered by the Commission on an expedited basis for approval.
SEC. 1803.

PROTECTION OF CERTAIN EXISTING RATES.
(a)

Rates Deemed Just and Reasonable.—
Except as provided in subsection (b)—
(1)
any rate in effect for the 365-day period ending on the date of the enactment of this Act shall be deemed to be just and reasonable (within the meaning of section 1(5) of the Interstate Commerce Act); and
(2)
any rate in effect on the 365th day preceding the date of such enactment shall be deemed to be just and reasonable (within the meaning of such section 1(5)) regardless of whether or not, with respect to such rate, a new rate has been filed with the Commission during such 365-day period;
if the rate in effect, as described in paragraph (1) or (2), has not been subject to protest, investigation, or complaint during such 365-day period.
(b)

Changed Circumstances.—
No person may file a complaint under section 13 of the Interstate Commerce Act against a rate deemed to be just and reasonable under subsection (a) unless—
(1)
evidence is presented to the Commission which establishes that a substantial change has occurred after the date of the enactment of this Act—
(A)
in the economic circumstances of the oil pipeline which were a basis for the rate; or
(B)
in the nature of the services provided which were a basis for the rate; or
(2)
the person filing the complaint was under a contractual prohibition against the filing of a complaint which was in effect on the date of enactment of this Act and had been in effect prior to January 1, 1991, provided that a complaint by a party bound by such prohibition is brought within 30 days after the expiration of such prohibition.
If the Commission determines pursuant to a proceeding instituted as a result of a complaint under section 13 of the Interstate Commerce Act that the rate is not just and reasonable, the rate shall not be deemed to be just and reasonable. Any tariff reduction or refunds that may result as an outcome of such a complaint shall be prospective from the date of the filing of the complaint.
(c)

Limitation Regarding Unduly Discriminatory or Preferential Tariffs.—
Nothing in this section shall prohibit any aggrieved person from filing a complaint under section 13 or section 15(l) of the Interstate Commerce Act challenging any tariff provision as unduly discriminatory or unduly preferential.
SEC. 1804.

DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1)

Commission.—
The term “Commission” means the Federal Energy Regulatory Commission and, unless the context requires otherwise, includes the Oil Pipeline Board and any other office or component of the Commission to which the functions and authority vested in the Commission under section 402(b) of the Department of Energy Organization Act (42 U.S.C. 7172(b)) are delegated.
(2)

Oil pipeline.—
(A)

In general.—
Except as provided in subparagraph (B), the term “oil pipeline” means any common carrier (within the meaning of the Interstate Commerce Act) which transports oil by pipeline subject to the functions and authority vested in the Commission under section 402(b) of the Department of Energy Organization Act (42 U.S.C. 7172(b)).
(B)

Exception.—
The term “oil pipeline” does not include the Trans-Alaska Pipeline authorized by the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.) or any pipeline delivering oil directly or indirectly to the Trans-Alaska Pipeline.
(3)

Oil.—
The term “oil” has the same meaning as is given such term for purposes of the transfer of functions from the Interstate Commerce Commission to the Federal Energy Regulatory Commission under section 402(b) of the Department of Energy Organization Act (42 U.S.C. 7172(b)).
(4)

Rate.—
The term “rate” means all charges that an oil pipeline requires shippers to pay for transportation services.
* * * * * * *
TITLE XX—

GENERAL PROVISIONS; REDUCTION OF OIL VULNERABILITY
SEC. 2001.
[42 U.S.C. 13401]

GOALS.
It is the goal of the United States in carrying out energy supply and energy conservation research and development—
(1)
to strengthen national energy security by reducing dependence on imported oil;
(2)
to increase the efficiency of the economy by meeting future needs for energy services at the lowest total cost to the Nation, including environmental costs, giving comparable consideration to technologies that enhance energy supply and technologies that improve the efficiency of energy end uses;
(3)
to reduce the air, water, and other environmental impacts (including emissions of greenhouse gases) of energy production, distribution, transportation, and utilization, through the development of an environmentally sustainable energy system;
(4)
to maintain the technological competitiveness of the United States and stimulate economic growth through the development of advanced materials and technologies;
(5)
to foster international cooperation by developing international markets for domestically produced sustainable energy technologies, and by transferring environmentally sound, advanced energy systems and technologies to developing countries to promote sustainable development;
(6)
to consider the comparative environmental and public health impacts of the energy to be produced or saved by the specific activities;
(7)
to consider the obstacles inherent in private industry's development of new energy technologies and steps necessary for establishing or maintaining technological leadership in the area of energy and energy efficiency resource technologies; and
(8)
to consider the contribution of a given activity to fundamental scientific knowledge.
Subtitle A—

Oil and Gas Supply Enhancement
SEC. 2011.
[42 U.S.C. 13411]

ENHANCED OIL RECOVERY.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on technologies to increase the recoverability of domestic oil resources to—
(1)
improve reservoir characterization;
(2)
improve analysis and field verification;
(3)
field test and demonstrate enhanced oil recovery processes, including advanced processes, in reservoirs the Secretary considers to be of high priority, ranked primarily on the basis of oil recovery potential and risk of abandonment;
(4)
transfer proven recovery technologies to producers and operators of wells, including stripper wells, that would otherwise be likely to be abandoned in the near term due to declining production;
(5)
improve enhanced oil recovery process technology for more economic and efficient oil production;
(6)
identify and develop new recovery technologies;
(7)
study reservoir properties and how they affect oil recovery from porous media;
(8)
improve techniques for meeting environmental requirements;
(9)
improve data bases of reservoir and environmental conditions; and
(10)
lower lifting costs on stripper wells by utilizing advanced renewable energy technologies such as small wind turbines and others.
(b)

Program Goals.—
(1)

Near-term priorities.—
The near-term priorities of the program include preserving access to high potential reservoirs, identifying available technologies that can extend the lifetime of wells and of stripper well property, and developing environmental field operations for waste disposal and injection practices.
(2)

Mid-term priorities.—
The mid-term priorities of the program include developing and testing identified but unproven technologies, and transferring those technologies for widespread use.
(3)

Long-term priorities.—
The long-term priorities of the program include developing advanced techniques to recover oil not recoverable by other techniques.
(c)

Accelerated Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a plan for carrying out under this section the accelerated field testing of technologies to achieve the priorities stated in subsection (b). In preparing the plan, the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies, and with the Advisory Board established under section 2302.
(d)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
(e)

Consultation.—
In carrying out the provisions of this section, the Secretary shall consult representatives of the oil and gas industry with respect to innovative research and development proposals to improve oil and gas recovery and shall consider relevant technical data from industry and other research and information centers and institutes.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section, including advanced extraction and process technology, $57,250,000 for fiscal year 1993 and $70,000,000 for fiscal year 1994.
SEC. 2012.
[42 U.S.C. 13412]

OIL SHALE.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on oil shale extraction and conversion, including research and development on both eastern and western shales, as provided in this section.
(b)

Program Goals.—
The goals of the program established under this section include—
(1)
supporting the development of economically competitive and environmentally acceptable technologies to produce domestic supplies of liquid fuels from oil shale;
(2)
increasing knowledge of environmentally acceptable oil shale waste disposal technologies and practices;
(3)
increasing knowledge of the chemistry and kinetics of oil shale retorting;
(4)
increasing understanding of engineering issues concerning the design and scale-up of oil shale extraction and conversion technologies;
(5)
improving techniques for oil shale mining systems; and
(6)
providing for cooperation with universities and other private sector entities.
(c)

Eastern Oil Shale Program.—
(1)
As part of the program authorized by this section, the Secretary shall carry out a program on oil shale that includes applied research, in cooperation with universities and the private sector, on eastern oil shale that may have the potential to decrease United States dependence on energy imports.
(2)
As part of the program authorized by this subsection, the Secretary shall consider the potential benefits of including in that program applied research carried out in cooperation with universities and other private sector entities that are, as of the date of enactment of this Act, engaged in research on eastern oil shale retorting and associated processes.
(3)
The program carried out under this subsection shall be cost-shared with universities and the private sector to the maximum extent possible.
(d)

Western Oil Shale Program.—
As part of the program authorized by this section, the Secretary shall carry out a program on extracting oil from western oil shales that includes, if appropriate, establishment and utilization of at least one field testing center for the purpose of testing, evaluating, and developing improvements in oil shale technology at the field test level. In establishing such a center, the Secretary shall consider sites with existing oil shale mining and processing infrastructure and facilities. Sixty days prior to establishing any such field testing center, the Secretary shall submit a report to Congress on the center to be established.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section $5,250,000 for fiscal year 1993 and $6,000,000 for fiscal year 1994.
SEC. 2013.
[42 U.S.C. 13413]

NATURAL GAS SUPPLY.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, to increase the recoverable natural gas resource base including, but not limited to—
(1)
more intensive recovery of natural gas from discovered conventional resources;
(2)
the extraction of natural gas from tight gas sands and devonian shales or other unconventional sources;
(3)
surface gasification of coal; and
(4)
recovery of methane from biofuels including municipal solid waste.
(b)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
(c)

Cofiring of Natural Gas and Coal.—
(1)

Program.—
The Secretary shall establish and carry out a 5-year program, in accordance with sections 3001 and 3002 of this Act, on cofiring natural gas with coal in utility and large industrial boilers in order to determine optimal natural gas injection levels for both environmental and operational benefits.
(2)

Financial assistance.—
The Secretary shall enter into agreements with, and provide financial assistance to, appropriate parties for application of cofiring technologies to boilers to demonstrate this technology.
(3)

Report to congress.—
The Secretary shall, before December 31, 1995, submit to the Congress a report on the progress made in carrying out this subsection.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section and sections 2014 and 2015, $29,745,000 for fiscal year 1993 and $45,000,000 for fiscal year 1994.
SEC. 2014.
[42 U.S.C. 13414]

NATURAL GAS END-USE TECHNOLOGIES.
The Secretary shall carry out a 5-year program, in accordance with sections 3001 and 3002 of this Act, on new and advanced natural gas utilization technologies including, but not limited to—
(1)
stationary source emissions control and efficiency improvements including combustion systems, industrial processes, cogeneration, and waste fuels; and
(2)
natural gas storage including increased deliverability from existing gas storage facilities and new capabilities for storage near demand centers, and on-site storage at major energy consuming facilities.
SEC. 2015.
[42 U.S.C. 13415]

MIDCONTINENT ENERGY RESEARCH CENTER.
(a)

Finding.—
Congress finds that petroleum resources in the midcontinent region of the United States are very large but are being prematurely abandoned.
(b)

Purposes.—
The purposes of this section are to—
(1)
improve the efficiency of petroleum recovery;
(2)
increase ultimate petroleum recovery; and
(3)
delay the abandonment of resources.
(c)

Establishment.—
The Secretary may establish the Midcontinent Energy Research Center (referred to in this section as the “Center”) to—
(1)
conduct research in petroleum geology and engineering focused on improving the recovery of petroleum from existing fields and established plays in the upper midcontinent region of the United States; and
(2)
ensure that the results of the research described in paragraph (1) are transferred to users.
(d)

Research.—
(1)

In general.—
In conducting research under this section, the Center shall, to the extent practicable, cooperate with agencies of the Federal Government, the States in the midcontinent region of the United States, and the affected industry.
(2)

Programs.—
Research programs conducted by the Center may include—
(A)
data base development and transfer of technology;
(B)
reservoir management;
(C)
reservoir characterization;
(D)
advanced recovery methods; and
(E)
development of new technology.
Subtitle B—

Oil and Gas Demand Reduction and Substitution
SEC. 2021.
[42 U.S.C. 13431]

GENERAL TRANSPORTATION.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on cost effective technologies to reduce the demand for oil in the transportation sector for all motor vehicles, including existing vehicles, through increased energy efficiency and the use of alternative fuels. Such program shall include a broad range of technological approaches, and shall include field demonstrations of sufficient scale and number in operating environments to prove technical and economic viability to meet the goals stated in section 2001. Such program shall include the activities required under sections 2022 through 2027, and ongoing activities of a similar nature at the Department of Energy.
(b)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a 5-year program plan to guide activities under this subtitle. In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, utilities, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies.
(c)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
(d)

Definition.—
For purposes of this subtitle, the term “alternative fuels” includes natural gas, liquefied petroleum gas, hydrogen, fuels other than alcohol that are derived from biological materials, and any fuel the content of which is at least 85 percent by volume methanol, ethanol, or other alcohol.
(e)

Authorization of Appropriations.—
(1)
There are authorized to be appropriated to the Secretary for carrying out this subtitle, including all transportation sector energy conservation research and development (other than activities under section 2025) and all transportation sector biofuels energy systems under solar energy, $119,144,000 for fiscal year 1993 and $160,000,000 for fiscal year 1994.
(2)
There are authorized to be appropriated to the Secretary for carrying out section 2025—
(A)
$60,300,000 for fiscal year 1993;
(B)
$75,000,000 for fiscal year 1994;
(C)
$80,000,000 for fiscal year 1995;
(D)
$80,000,000 for fiscal year 1996;
(E)
$90,000,000 for fiscal year 1997; and
(F)
$100,000,000 for fiscal year 1998.
SEC. 2022.
[42 U.S.C. 13432]

ADVANCED AUTOMOTIVE FUEL ECONOMY.
(a)

Program Direction.—
The Secretary shall conduct a program, in accordance with sections 3001 and 3002 of this Act, to supplement ongoing research activities of a similar nature at the Department of Energy, to accelerate the near-term and mid-term development of advanced technologies to improve the fuel economy of light-duty passenger vehicles powered by a piston engine, and hybrid vehicles powered by a combination of piston engine and electric motor.
(b)

Program Goal.—
The goal of the program established under subsection (a) shall be to stimulate the development of emerging technologies with the potential to achieve significant improvements in fuel economy while reducing emissions of air pollutants.
(c)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section, making a special effort to involve small businesses in the program.
SEC. 2023.
[42 U.S.C. 13433]

ALTERNATIVE FUEL VEHICLE PROGRAM.
(a)

Program Direction.—
The Secretary shall carry out a program, in accordance with sections 3001 and 3002 of this Act, on techniques related to improving natural gas and other alternative fuel vehicle technology, including—
(1)
fuel injection;
(2)
carburetion;
(3)
manifolding;
(4)
combustion;
(5)
power optimization;
(6)
efficiency;
(7)
lubricants and detergents;
(8)
engine durability;
(9)
ignition, including fuel additives to assist ignition;
(10)
multifuel engines;
(11)
emissions control, including catalysts;
(12)
novel gas compression concepts;
(13)
advanced storage systems;
(14)
advanced gaseous fueling technologies; and
(15)
the incorporation of advanced materials in these areas.
(b)

Cooperative Agreements and Assistance.—
The Secretary may enter into cooperative agreements with, and provide financial assistance to, public or private entities willing to provide 50 percent of the costs of a program to perform activities under subsection (a).
(c)

Definitions.—
For purposes of this section—
(1)
the term “alternative fuel vehicle” means a motor vehicle that operates on alternative fuels; and
(2)
the term “motor vehicle” includes any automobile, truck, bus, van, or other on-road or off-road motor vehicle, including a boat.
SEC. 2024.
[42 U.S.C. 13434]

BIOFUELS USER FACILITY.
(a)
The Secretary shall establish a biofuels user facility to expedite industry adoption of biofuels technologies, including production of alcohol fuels from biomass.
(b)
The Secretary, through such universities and colleges as the Secretary determines are qualified, shall establish a program, in accordance with sections 3001 and 3002 of this Act, with respect to the production and use of diesel fuels from vegetable oils or animal fats. The program shall investigate—
(1)
the economic feasibility of production of oilseed crops for biofuels purposes; and
(2)
the establishment of a mobile small-scale oilseed pressing and esterification unit and a stationary small-scale commercial oilseed pressing and esterification unit.
SEC. 2025.
[42 U.S.C. 13435]

ELECTRIC MOTOR VEHICLES AND ASSOCIATED EQUIPMENT RESEARCH AND DEVELOPMENT.
(a)

General.—
The Secretary shall conduct, pursuant to the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901–5920), a research and development program on electric motor vehicles and associated equipment. Such program shall be conducted in cooperation with the electric utility industry, and automobile industry, battery manufacturers, and such other persons as the Secretary considers appropriate.
(b)

Comprehensive Plan.—
(1)
The Secretary shall prepare a comprehensive 5-year program plan for carrying out the purposes of this section. Such comprehensive plan shall be updated biennially for a period of not less than 10 years after the date of enactment of this Act.
(2)
The comprehensive plan under paragraph (1) shall be prepared in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, the Secretary of Commerce, the heads of other appropriate Federal agencies, representatives of the electric utility industry, electric motor vehicle manufacturers, the United States automobile industry, and such other persons as the Secretary considers appropriate.
(3)
The comprehensive plan shall include—
(A)
a prioritization of research areas critical to the commercialization of electric motor vehicles, including advanced battery technology;
(B)
the program elements, management structure, and activities, including program responsibilities, of Federal agencies;
(C)
the program strategies, including technical milestones to be achieved toward specific goals during each fiscal year of the comprehensive plan for all major activities and projects;
(D)
the estimated costs of individual program elements, including estimated costs for each of the fiscal years of the comprehensive plan for each of the participating Federal agencies;
(E)
a description of the methods of technology transfer;
(F)
a proposal for participation by non-Federal entities in the implementation of the comprehensive plan; and
(G)
such other information as the Secretary considers appropriate.
(4)
Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit the comprehensive plan to the Congress. Biennial updates shall be submitted to the Congress.
(c)

Cooperative Agreements.—
The Secretary, consistent with the comprehensive plan under subsection (b), may enter into cooperative agreements to conduct research and development projects with industry in such areas of technology development as—
(1)
high efficiency electric power trains, including advanced motors, motor controllers, and hybrid power trains for electric motor vehicle range improvement;
(2)
light-weight structures for electric motor vehicle weight reduction;
(3)
advanced batteries with high energy density and power density, and improved range or recharging cycles for a given unit weight, for electric motor vehicle application;
(4)
hybrid power trains incorporating an electric motor and recyclable battery charged by an onboard liquid fuel engine, designed to significantly improve fuel economies while maintaining acceleration characteristics comparable to a conventionally fueled vehicle;
(5)
batteries and fuel cells for electric-hybrid vehicle application;
(6)
fuel cells and fuel cell systems for primary electric motor vehicle power sources; and
(7)
photovoltaics for use with electric motor vehicles.
(d)

Solicitation of Proposals.—
(1)
Within one year after the date of enactment of this Act, the Secretary shall solicit proposals for cooperative agreements for research and development under subsection (c).
(2)
Thereafter, the Secretary may solicit additional proposals for cooperative agreements under subsection (c) if, in the judgment of the Secretary, such cooperative agreements could contribute to the development of electric motor vehicles and associated equipment.
(e)

Cost-Sharing.—
(1)
The Secretary shall require at least 50 percent of the costs directly and specifically related to any cooperative agreement under this section, other than a cooperative agreement under subsection (j), to be from non-Federal sources. Such share may be in the form of cash, personnel, services, equipment, and other resources.
(2)
The Secretary may reduce the amount of costs required to be provided by non-Federal sources under paragraph (1), if the Secretary determines that the reduction is necessary and appropriate—
(A)
considering the technological risks involved in the project; and
(B)
in order to meet the objectives of this section.
(f)

Deployment.—
(1)
The Secretary shall conduct a program designed to accelerate deployment of advanced battery technologies for use with electric motor vehicles.
(2)
In carrying out the program authorized by this subsection, the Secretary shall—
(A)
undertake an inventory and assessment of advanced battery technologies and electric motor vehicle technologies and the commercial capability of such technologies; and
(B)
develop a Federal industry information exchange program to improve the deployment or use of such technologies, which may consist of workshops, publications, conferences, and a data base for use by the public and private sectors.
(g)

Domestic Parts Manufacturers.—
In carrying out this section, the Secretary, in consultation with the Secretary of Commerce, shall issue regulations to ensure that the procurement practices of participating electric motor vehicle and associated equipment manufacturers do not discriminate against the United States manufacturers of vehicle parts.
(h)

Hold Harmless.—
Nothing in this section shall be construed to alter, affect, modify, or change any activities or agreements initiated prior to the date of enactment of this Act with domestic motor vehicle manufacturers through joint venture or consortium agreements regarding batteries for electric motor vehicles.
(i)

Consultation.—
The Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Transportation in carrying out this section.
(j)

Fuel Cells for Transportation.—
(1)
The Secretary shall develop and implement a comprehensive program of research, development, and demonstration of fuel cells and related systems for transportation applications through the establishment of one or more cooperative programs among industry, government, and research institutions to develop and demonstrate the use of fuel cells as the primary power source for private and mass transit vehicles and other mobile applications.
(2)
Research, development, and demonstration activities under this subsection shall be designed to incorporate one or more of the following priorities:
(A)
The potential for near-term to mid-term commercialization.
(B)
The ability of the systems to use a variety of renewable and nonfossil fuels.
(C)
Emission reduction and energy conservation potential.
(D)
The potential to utilize fuel cells and fuel cell systems developed under Department of Defense and National Aeronautics and Space Administration programs.
(E)
The potential to take maximum practical advantage of advances made in electric motor vehicle research, stationary source fuel cell research, and other research activities authorized by this title.
(3)
(A)
Research, development, and demonstration projects selected by the Secretary under this subsection shall apply to—
(i)
passenger vehicles;
(ii)
vans and utility vehicles;
(iii)
light rail systems and locomotives;
(iv)
trucks, including long-haul trucks, dump trucks, and garbage trucks;
(v)
passenger buses;
(vi)
non-chlorofluorocarbon mobile refrigeration systems;
(vii)
marine vessels, including recreational marine engines; or
(viii)
mobile engines and power generation, including recreational generators, and industrial and construction equipment.
(B)
The Secretary shall establish programs to undertake research, development, and demonstration activities for the applications listed in clauses (i) through (viii) of subparagraph (A) in each of fiscal years 1993, 1994, 1995, and 1996, based on the priorities established in paragraph (2), so that by the end of the period, research, development, and demonstration activities are under way for the applications under each such clause. The initiatives authorized and implemented pursuant to this subsection shall be in addition to any other fuel cell programs authorized in existing law.
(k)

Definitions.—
For purposes of this section—
(1)
the term “advanced battery technology” means electrochemical storage devices and systems, including fuel cells, and associated technology necessary to charge, discharge, recharge, or regenerate such devices, for use as a source of power for an electric motor vehicle and any other associated equipment;
(2)
the term “associated equipment” means equipment necessary for the regeneration, refueling, or recharging of batteries or other forms of electric energy used to power an electric motor vehicle and, in the case of electric-hybrid vehicles, such term includes nonpetroleum-related equipment necessary for, and solely related to, the demonstration of such vehicles;
(3)
the term “electric motor vehicle” means a motor vehicle primarily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays, or other sources of electric current and may include an electric-hybrid vehicle; and
(4)
the term “electric-hybrid vehicle” means vehicle primarily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current and also relies on a nonelectric source of power that also operates on or is capable of operating on a nonelectrical source of power.
[Section 2026 repealed by section 103(b)(2) of Public Law 104–271 (110 Stat. 3306).]
SEC. 2027.
[42 U.S.C. 13437]

ADVANCED DIESEL EMISSIONS PROGRAM.
(a)

Program Direction.—
The Secretary shall initiate a 5-year program, in accordance with sections 3001 and 3002 of this Act, on diesel engine combustion and engine systems, related advanced materials, and fuels and lubricants to reduce emissions oxides of nitrogen and particulates. Activities conducted under this program shall supplement activities of a similar nature at the Department of Energy. Such program shall include field demonstrations of sufficient scale and number in operating environments to prove technical and economic viability to meet the goal stated in subsection (b).
(b)

Program Goal.—
The goal of the program established under subsection (a) shall be to accelerate the ability of United States diesel manufacturers to meet current and future oxides of nitrogen and particulate emissions requirements.
(c)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies, shall prepare and submit to the Congress a 5-year program plan to guide the activities under this section. Such plan shall be included as part of the plan required by section 2021(b).
(d)

Solicitation of Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities consistent with the 5-year program plan.
SEC. 2028.
[42 U.S.C. 13438]

TELECOMMUTING STUDY.
(a)

Study.—
The Secretary, in consultation with the Secretary of Transportation, shall conduct a study of the potential costs and benefits to the energy and transportation sectors of telecommuting. The study shall include—
(1)
an estimation of the amount and type of reduction of commuting by form of transportation type and numbers of commuters;
(2)
an estimation of the potential number of lives saved;
(3)
an estimation of the reduction in environmental pollution, in consultation with the Environmental Protection Agency;
(4)
an estimation of the amount and type of reduction of energy use and savings by form of transportation type; and
(5)
an estimation of the social impact of widespread use of telecommuting.
(b)
This study shall be completed no more than one hundred and eighty days after the date of enactment of this Act. A report, summarizing the results of the study, shall be transmitted to the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate no more than sixty days after completion of this study.
TITLE XXI—

ENERGY AND ENVIRONMENT
Subtitle A—

Improved Energy Efficiency
SEC. 2101.
[42 U.S.C. 13451]

GENERAL IMPROVED ENERGY EFFICIENCY.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on cost effective technologies to improve energy efficiency and increase the use of renewable energy in the buildings, industrial, and utility sectors. Such program shall include a broad range of technological approaches, and shall include field demonstrations of sufficient scale and number to prove technical and economic viability to meet the goals stated in section 2001. Such program shall include the activities required under sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108 and ongoing activities of a similar nature at the Department of Energy. Such program shall also include the activities conducted pursuant to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (Public Law 100–680) and the Department of Energy Metal Casting Competitiveness Research Act of 1990 (Public Law 101–425).
(b)

Program Goals.—
The goals of the program established under subsection (a) shall include—
(1)
in the buildings sector—
(A)
to accelerate the development of technologies that will increase energy efficiency;
(B)
to increase the use of renewable energy; and
(C)
to reduce environmental impacts;
(2)
in the industrial sector—
(A)
to accelerate the development of technologies that will increase energy efficiency in order to improve productivity;
(B)
to increase the use of renewable energy; and
(C)
to reduce environmental impacts; and
(3)
in the utility sector—
(A)
to accelerate the development of technologies that will increase energy efficiency; and
(B)
to increase the use of integrated resource planning.
(c)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a 5-year program plan to guide activities under this subtitle. In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, utilities, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies.
(d)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this subtitle, including all building, industry, and utility sectors energy conservation research and development, and inventions and innovation under energy conservation technical and financial assistance, $178,250,000 for fiscal year 1993 and $275,000,000 for fiscal year 1994.
SEC. 2102.
[42 U.S.C. 13452]

NATURAL GAS AND ELECTRIC HEATING AND COOLING TECHNOLOGIES.
(a)

Program Direction.—
(1)
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on energy efficient natural gas and electric heating and cooling technologies for residential and commercial buildings.
(2)
The natural gas heating and cooling program shall include activities on—
(A)
thermally activated heat pumps, including absorption heat pumps and engine-driven heat pumps; and
(B)
other advanced natural gas technologies, including fuel cells for residential and commercial applications.
(3)
The electric heating and cooling program shall focus on—
(A)
advanced heat pumps;
(B)
thermal storage; and
(C)
advanced electric HVAC (heating, ventilating, and air conditioning) and refrigeration systems that utilize replacements for chlorofluorocarbons.
(b)

Proposals.—
Within 180 days after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
SEC. 2103.
[42 U.S.C. 13453]

PULP AND PAPER.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on advanced pulp and paper technologies. Such program shall include activities on energy generation technologies, boilers, combustion processes, pulping processes (excluding de-inking), chemical recovery, causticizing, source reduction processes, and other related technologies that can improve the energy efficiency of, and reduce the adverse environmental impacts of, pulp and papermaking operations. This section does not authorize projects involving the combustion of waste paper, other than gasification.
(b)

Proposals.—
Within 180 days after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
SEC. 2104.
[42 U.S.C. 13454]

ADVANCED BUILDINGS FOR 2005.
(a)

Program Direction.—
The Secretary shall initiate a 5-year program, in accordance with sections 3001 and 3002 of this Act, to increase building energy efficiency, while maintaining affordability, by the year 2005. Such program shall include activities on—
(1)
building design, design methods, and construction techniques;
(2)
building materials, including recycled materials, and components;
(3)
on-site energy supply conversion systems such as photovoltaics;
(4)
automated energy management systems;
(5)
methods of evaluating performance; and
(6)
insulation products manufactured with nonozone depleting materials.
(b)

Proposals.—
(1)

Solicitation.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
(2)

Contents of proposals.—
Proposals submitted under this subsection shall include and be judged upon—
(A)
evidence of knowledge of current building practices in the United States and in other countries;
(B)
an explanation of how the proposal will encourage the commercialization of the technologies resulting from activities in subsection (a);
(C)
evidence of consideration of collaboration with Department of Energy national laboratories;
(D)
evidence of collaboration with relevant industry or other groups or organizations; and
(E)
a demonstration of the ability of the proposers to undertake and complete the project proposed.
SEC. 2105.
[42 U.S.C. 13455]

ELECTRIC DRIVES.
(a)

Program.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, to increase the efficiency of electric drive technologies, including adjustable speed drives, high speed motors, and high efficiency motors.
(b)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for projects under this section.
SEC. 2106.

STEEL, ALUMINUM, AND METAL RESEARCH.
(a)

Steel Amendments.—
The Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is amended—
(1)
in section 4(b)(5), by striking “Industrial Programs” and inserting in lieu thereof “Industrial Technologies”;
(2)
in section 8, by inserting at the end the following new sentence: “The reports submitted at the close of fiscal years 1993, 1995, and 1997 shall also contain a complete summary of activities under the management plan and the research plan from the first year of their operation, along with an analysis of the extent to which they have succeeded in accomplishing the purposes of this Act.”;
(3)
in section 9(a)(1), by striking “and $25,000,000 for fiscal year 1991” and inserting in lieu thereof “$25,000,000 for fiscal year 1991, $17,968,000 for fiscal year 1992, and $18,091,000 for each of the fiscal years 1993 through 1997, to be derived from sums authorized under section 2101(e) of the Energy Policy Act of 1992”;
(4)
in section 9(b), by striking “and 1991” and inserting in lieu thereof “1991, 1992, 1993, 1994, 1995, 1996, and 1997, to be derived from sums otherwise authorized to be appropriated to the Institute”; and
(5)
in section 11(a), by striking “or fiscal year 1991” both places it appears and inserting in lieu thereof “fiscal year 1991, fiscal year 1992, fiscal year 1993, fiscal year 1994, fiscal year 1995, fiscal year 1996, and fiscal year 1997”.
(b)

Metal Casting Amendment.—
Section 8 of the Department of Energy Metal Casting Competitiveness Research Act of 1990 (Public Law 101–425) is amended by striking “and 1993” and inserting in lieu thereof “1993, 1994, 1995, 1996, and 1997, to be derived from such sums as are otherwise authorized under section 2101(e) of the Energy Policy Act of 1992”.
SEC. 2107.
[42 U.S.C. 13456]

IMPROVING EFFICIENCY IN ENERGY-INTENSIVE INDUSTRIES.
(a)

Secretarial Action.—
The Secretary, in accordance with sections 3001 and 3002 of this Act, shall—
(1)
pursue a research, development, demonstration and commercial application program intended to improve energy efficiency and productivity in energy-intensive industries and industrial processes; and
(2)
undertake joint ventures to encourage the commercialization of technologies developed under paragraph (1).
(b)

Joint Ventures.—
(1)
The Secretary shall—
(A)
conduct a competitive solicitation for proposals from private firms and investors for such joint ventures under subsection (a)(2); and
(B)
provide financial assistance to at least five such joint ventures.
(2)
The purpose of the joint ventures shall be to design, test, and demonstrate changes to industrial processes that will result in improved energy efficiency and productivity. The joint ventures may also demonstrate other improvements of benefit to such industries so long as demonstration of energy efficiency improvements is the principal objective of the joint venture.
(3)
In evaluating proposals for financial assistance and joint ventures under this section, the Secretary shall consider—
(A)
whether the activities conducted under this section improve the quality and energy efficiency of industries or industrial processes;
(B)
the regional distribution of the energy-intensive industries and industrial processes; and
(C)
whether the proposed joint venture project would be located in the region which has the energy-intensive industry and industrial processes that would benefit from the project.
SEC. 2108.
[42 U.S.C. 13457]

ENERGY EFFICIENT ENVIRONMENTAL PROGRAM.
(a)

Program Direction.—
The Secretary, in consultation with the Administrator of the Environmental Protection Agency, is authorized to continue to carry out a 5-year program to improve the energy efficiency and cost effectiveness of pollution prevention technologies and processes, including source reduction and waste minimization technologies and processes. The purposes of this section shall be to—
(1)
apply a systems approach to minimizing adverse environmental effects of industrial production in the most cost effective and energy efficient manner; and
(2)
incorporate consideration of the entire materials and energy cycle with the goal of minimizing adverse environmental impacts.
(b)

Identification of Opportunities.—
Within 9 months after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall identify opportunities for the demonstration of energy efficient pollution prevention technologies and processes.
(c)

Report.—
Within 1 year after the date of enactment of this Act, the Secretary shall submit a report to Congress evaluating the opportunities identified under subsection (b). Such report shall include—
(1)
an assessment of the technologies available to increase productivity and simultaneously reduce the consumption of energy and material resources and the production of wastes;
(2)
an assessment of the current use of such technologies by industry in the United States;
(3)
the status of any such technologies currently being developed, together with projected schedules of their commercial availability;
(4)
the energy savings resulting from the use of such technologies;
(5)
the environmental benefits of such technologies;
(6)
the costs of such technologies;
(7)
an evaluation of any existing Federal or State regulatory disincentives for the employment of such technologies; and
(8)
an evaluation of any other barriers to the use of such technologies.
In preparing the report required by this subsection, the Secretary shall consult with the Administrator of the Environmental Protection Agency, any other Federal, State, or local official the Secretary considers necessary, representatives of appropriate industries, members of organizations formed to further the goals of environmental protection or energy efficiency, and other appropriate interested members of the public, as determined by the Secretary.
(d)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall solicit proposals for activities under this section. Proposals selected under this subsection shall demonstrate—
(1)
technical viability and cost effectiveness; and
(2)
procedures for technology transfer and information outreach during and after completion of the project.
Subtitle B—

Electricity Generation and Use
SEC. 2111.
[42 U.S.C. 13471]

RENEWABLE ENERGY.
(a)

Program Direction.—
The Secretary shall conduct a comprehensive 5-year program, in accordance with sections 3001 and 3002 of this Act, to provide cost-effective options for the generation of electricity from renewable energy sources for grid and nongrid application, including field demonstrations of sufficient scale and number in operating environments to prove technical and economic feasibility for providing cost effective generation and for meeting the goal stated in section 2001(3) and section 1602(a)(4).
(b)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a 5-year program plan to guide the activities under this section. In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section, including all solar energy programs (other than activities under section 2021), geothermal systems, electric energy systems, and energy storage systems, $208,975,000 for fiscal year 1993 and $275,000,000 for fiscal year 1994.
SEC. 2112.
[42 U.S.C. 13472]

HIGH EFFICIENCY HEAT ENGINES.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, to improve the efficiency of heat engines. Such program shall—
(1)
include field demonstrations of sufficient scale and number so as to demonstrate technical and economic feasibility;
(2)
incorporate materials that increase engine efficiency; and
(3)
cover advanced engine designs for electric and industrial power generation for a range of small-, mid-, and large-scale applications, including—
(A)
mechanically recuperated gas turbines;
(B)
intercooled gas turbines with steam injection or recuperation;
(C)
gas turbines utilizing reformed fuels or hydrogen; and
(D)
high efficiency, simple cycle gas turbines.
(b)

Program Goal.—
The goal of the program established under subsection (a) shall be to develop heat engines that can achieve over 50 percent efficiency in the mid-term.
(c)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a 5-year program plan, to be included in the plan required under section 2101(c), to guide the activities under this section. In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Federal agencies, including the Environmental Protection Agency and national laboratories, and professional and technical societies.
(d)

Proposals.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities under this section.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary to be derived from sums authorized under section 2101(e).
SEC. 2113.
[42 U.S.C. 13473]

CIVILIAN NUCLEAR WASTE.
(a)

Study.—
The Secretary shall conduct a study of the potential for minimizing the volume and toxic lifetime of nuclear waste, including an analysis of the viability of existing technologies and an assessment of the extent of research and development required for new technologies.
(b)

Program.—
Based on the results of the study required under subsection (a), the Secretary shall prepare and submit to Congress a 5-year program plan for carrying out a program of research and development on new technologies for minimizing the volume and toxic lifetime of, and thereby mitigating hazards associated with, nuclear waste.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section $4,700,000 for fiscal year 1993 and such sums as may be necessary for fiscal year 1994.
SEC. 2114.
[42 U.S.C. 13474]

FUSION ENERGY.
(a)

Program.—
The Secretary shall conduct a fusion energy 5-year program, in accordance with sections 3001 and 3002 of this Act, that by the year 2010 will result in a technology demonstration which verifies the practicability of commercial electric power production.
(b)

Program Goals.—
The goals of the program established under subsection (a) shall include—
(1)
a broad based fusion energy program;
(2)
United States participation in the Engineering Design Activity of the International Thermonuclear Experimental Reactor (ITER) program and in the related research and technology development efforts;
(3)
the development of technology for fusion power and industrial participation in the development of such technology;
(4)
the design and construction of a major new machine for fusion research and technology development consistent with paragraphs (2) and (3); and
(5)
research and development for Inertial Confinement Fusion Energy and development of a Heavy Ion Inertial Confinement Fusion experiment.
(c)

Management Plan.—
(1)
Within 180 days after the date of enactment of this Act, the Secretary shall prepare a comprehensive management plan for the fusion energy program. The plan shall include specific program objectives, milestones and schedules for technology development, and cost estimates and program management resource requirements.
(2)
The plan shall also include a description of—
(A)
United States participation in the Engineering Design Activity of ITER, including industrial participation;
(B)
potential United States participation in the construction and operation of an ITER facility; and
(C)
the requirements needed to build and test an inertial fusion energy reactor for the purpose of power production.
(3)
As part of the plan required under paragraph (1), the Secretary shall evaluate the status of international fusion programs and evaluate whether the Federal Government should initiate efforts to strengthen existing international cooperative agreements in fusion energy or enter into new cooperative agreements to accomplish the purposes of this section.
(4)
The plan shall also evaluate the extent to which university or private sector participation is appropriate or necessary in order to carry out the purposes of this section.
(5)
The President shall include in the budget submitted to the Congress each year under section 1105 of title 31, United States Code, a report prepared by the Secretary describing the progress made in meeting the program objectives, milestones, and schedules established in the management plan. Each such report shall also describe the organization of the program, the personnel assigned and funds committed to the program, and expenditures made in carrying out the program objectives. The report shall be submitted with the plan required under section 2304.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section $339,710,000 for fiscal year 1993 and $380,000,000 for fiscal year 1994.
SEC. 2115.
[42 U.S.C. 13475]

FUEL CELLS.
(a)

Program Direction.—
The Secretary shall conduct a 5-year program, in accordance with sections 3001 and 3002 of this Act, on efficient and environmentally benign power generation using fuel cells. The program may include activities on molten carbonate, solid oxide, including tubular, monolithic, and planar technologies, and advanced concepts.
(b)

Program Goal.—
The goal of the program established under subsection (a) is the development of cost-effective, efficient, and environmentally benign fuel cell systems which will operate on fossil fuels in multiple end use sectors.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section $51,555,000 for fiscal year 1993 and $56,000,000 for fiscal year 1994.
SEC. 2116.
[42 U.S.C. 13476]

ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT PROGRAM.
(a)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for fiscal year 1993 $70,000,000 for the Fast Flux Test Facility to maintain the operational status of the reactor, such sums to be derived from amounts appropriated to the Secretary for the environmental restoration and waste management program.
(b)

Long-Term Missions.—
The Secretary shall aggressively pursue the development and implementation of long-term missions for the Fast Flux Test Facility. Within 6 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report on the progress made in carrying out this subsection.
SEC. 2117.
[42 U.S.C. 13477]

HIGH-TEMPERATURE SUPERCONDUCTIVITY PROGRAM.
(a)

Program.—
The Secretary shall carry out a 5-year program, in accordance with sections 3001 and 3002 of this Act, on high-temperature superconducting electric power equipment technologies. Elements of the program shall include, but are not limited to—
(1)
activities that address the development of high-temperature superconducting materials that have increased electrical current capacity, which shall be the emphasis of the program for the near-term;
(2)
the development of prototypes, where appropriate, of the major elements of a superconducting electric power system such as motors, generators, transmission lines, transformers, and magnetic energy storage systems;
(3)
activities that will improve the efficiency of materials performance of higher temperatures and at all magnetic field orientations;
(4)
development of prototypes based on high-temperature superconducting wire, that operate at the highest temperature possible, and refrigeration systems using cryogenics such as nitrogen;
(5)
activities that will assist the private sector with designs for more efficient electric power generation and delivery systems which are cost competitive with conventional energy systems; and
(6)
development of prototypes that have application in both the commercial and defense sectors.
The Secretary is also encouraged to expedite government, laboratory, industry, and university collaborative agreements under existing mechanisms at the Department of Energy in coordination with other Federal agencies.
(b)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section $21,900,000 for fiscal year 1993 and such sums as may be necessary for subsequent fiscal years, to be derived from sums authorized under section 2111(c).
SEC. 2118.
[42 U.S.C. 13478]

ELECTRIC AND MAGNETIC FIELDS RESEARCH AND PUBLIC INFORMATION DISSEMINATION PROGRAM.
(a)

Program.—
The Secretary shall, in accordance with this section (including the agenda developed under subsection (d)(1)(A)) and within 2 months after the date of the enactment of this Act, establish a comprehensive program to—
(1)
determine whether or not exposure to electric and magnetic fields produced by the generation, transmission, and use of electric energy affects human health;
(2)
carry out research, development, and demonstration with respect to technologies to mitigate any adverse human health effects; and
(3)
provide for dissemination of information described in subsection (b)(1) to the public.
(b)

Contents.—
The program shall provide for—
(1)
collection, compilation, publication, and dissemination of scientifically valid information on—
(A)
possible human health effects of electric and magnetic fields;
(B)
the types and extent of human exposure to electric and magnetic fields in various occupational and residential settings;
(C)
technologies to measure and characterize electric and magnetic fields; and
(D)
methods to assess and manage exposure to electric and magnetic fields;
(2)
(A)
research on mechanisms by which electric and magnetic fields interact with biological systems; and
(B)
epidemiological research on the possible human health effects of electric and magnetic fields; and
(3)
research, development, and demonstration with respect to—
(A)
technologies to improve the measurement and characterization of electric and magnetic fields; and
(B)
techniques to assess and manage exposure to electric and magnetic fields.
(c)

Role of the Director.—
(1)

Role of the director.—
The Secretary of Health and Human Services, acting through the Director, shall have sole responsibility under the program for research on possible human health effects of electric and magnetic fields. The Director may delegate this responsibility to the extent the Director determines appropriate.
(2)

Agreement.—
Within 6 months after the date of the enactment of this Act, the Secretary shall enter into an agreement with the Secretary of Health and Human Services to carry out, through the Director, the information activities under subsection (b)(1)(A) and the research under subsection (b)(2).
(3)

Actions of the director.—
The actions of the Director in carrying out research and information responsibilities under this section shall not be subject to approval by the Secretary.
(4)

Transfer of funds.—
The Secretary is authorized, subject to appropriations Acts, to transfer funds to the Director to carry out the Director's responsibilities under paragraph (2).
(5)

Report.—
The Director shall report, by June 1, 1995, and by March 31, 1998, and as appropriate, to the Interagency Committee established under subsection (d) and to Congress the findings and conclusions of the Director on the extent to which exposure to electric and magnetic fields produced by the generation, transmission, or use of electric energy affects human health.
(d)

Interagency Committee.—
(1)
The President shall, within 2 months after the date of the enactment of this Act, establish the Electric and Magnetic Fields Interagency Committee to—
(A)
develop within 8 months after the date of the enactment of this Act a comprehensive agenda for conducting research, development, and demonstration under the program, with particular emphasis on electric and magnetic fields of the 60 hertz frequency;
(B)
develop recommendations, within 8 months after the date of the enactment of this Act, for guidelines for the coordination of activities of Federal agencies engaged in research on human health effects of electric and magnetic fields that ensure that such research advances the agenda under subparagraph (A) and is not unnecessarily duplicative of other research activities;
(C)
develop recommendations, within 8 months after the date of the enactment of this Act, for mechanisms for communication of the results of the program to the public, including recommendations on the scope and nature of the information to be disseminated; and
(D)
monitor, review and periodically evaluate the program.
(2)
(A)
The Interagency Committee shall be composed of 9 members with 1 member to be appointed from each of the following:
(i)
The Department of Energy.
(ii)
The National Institute of Environmental Health Sciences.
(iii)
The Environmental Protection Agency.
(iv)
The Department of Defense.
(v)
The Occupational Safety and Health Administration.
(vi)
The National Institute of Standards and Technology.
(vii)
The Department of Transportation.
(viii)
The Rural Electrification Administration.
(ix)
The Federal Energy Regulatory Commission.
(B)
The Interagency Committee shall elect a chairperson from among its members who shall be responsible for ensuring that the duties of the Interagency Committee are carried out.
(C)
Agencies that have members on the Interagency Committee shall provide appropriate staff to carry out the duties of the Interagency Committee.
(e)

Advisory Committee.—
(1)
Not later than 2 months after the date of the enactment of this Act, the Secretary of Health and Human Services and the Secretary shall establish the National Electric and Magnetic Fields Advisory Committee in accordance with the Federal Advisory Committee Act and this section.
(2)
The Advisory Committee shall make recommendations to the Interagency Committee with respect to the duties of the Interagency Committee under subsection (d)(1) and advise the Secretary and the Director with respect to the design and implementation of the program, including preparation of solicitations for proposals to conduct research under the program.
(3)
The Advisory Committee shall be composed of 10 members, chosen from among experts in possible human health effects of electric and magnetic fields, experts in the measurement and characterization of electric and magnetic fields, experts in the assessment and management of electric and magnetic fields, State regulatory agencies, State health agencies, electric utilities, electric equipment manufacturers, labor unions and the public. Five members shall be chosen by the Secretary of Health and Human Services in consultation with the Director, and 5 members shall be chosen by the Secretary.
(4)
The Advisory Committee shall elect a chairperson from among its members who shall be responsible for ensuring that the duties of the Advisory Committee are carried out.
(5)
The Advisory Committee shall terminate not later than December 31, 1998.
(f)

Financial Assistance.—
(1)
The Secretary and the Director may provide financial assistance and enter into contracts to conduct activities under the program.
(2)
The Secretary shall solicit contributions from non-Federal sources to offset at least 50 percent of the total funding for all activities under the program. The Secretary shall adopt procedures, including a mechanism for collecting contributions, that ensures that no contributor of non-Federal funds may influence the program.
(3)
The Secretary may not obligate funds under this section in any fiscal year unless funds received from non-Federal sources under paragraph (2) are available to offset at least 50 percent of the appropriations made under subsection (j) for such fiscal year.
(4)

Solicitation and selection of proposals.—
(A)

In general.—
Within 15 months after the date of the enactment of this Act, and as often thereafter as appropriate, the Secretary and the Director shall, in consultation with the Interagency Committee, solicit and select proposals to conduct activities under the program.
(B)

Consultation with advisory committee.—
In preparing solicitations for proposals to conduct activities, the Secretary and the Director shall consult with the Advisory Committee.
(C)

Peer review panels.—
Before a proposal to conduct activities under the program may be selected by the Secretary or the Director, such proposal must be submitted to, and evaluated by, at least one scientific and technical peer review panel.
(g)

Reports.—
(1)

Report upon completion of activity.—
Any person who conducts activities under the program shall, upon completion of the activity, submit to the National Academy of Sciences, the Interagency Committee, and the Advisory Committee a report summarizing the activities and results thereof.
(2)

Report to interagency committee and advisory committee.—
The Secretary shall enter into appropriate arrangements with the National Academy of Sciences under which the Academy shall periodically submit to the Interagency Committee and the Advisory Committee a report that evaluates the research activities under the program. The report shall include recommendations to promote the effective transfer of information derived from such research projects, including the transfer to representatives of State regulatory agencies, State health agencies, electric utilities, electrical equipment manufacturers, labor unions, and the public. The Secretary shall be responsible for expenses incurred by the Academy in connection with the preparation of such reports.
(3)

Report to congress.—
The Interagency Committee, in consultation with the Advisory Committee, shall submit to the Secretary and the Congress—
(A)
not later than December 31, 1995, a report summarizing the progress of the research program established under this subsection; and
(B)
not later than September 30, 1998, a final report stating the Committee's findings and conclusions on the effects, if any, of electric and magnetic fields on human health and remedial actions, if any, that may be needed to minimize any such health effects.
(h)

Conflicts of Interest.—
The Secretary and the Director shall include conflict of interest provisions in any grant or other funding provided, or contract entered into, under the research program established under this section including provisions—
(1)
that require any person conducting a project under such program to disclose any other source of funding received by the person to conduct other related projects, including funding received from consulting on issues relating to electric and magnetic fields; and
(2)
that prohibit a person who has been awarded a grant or contract under this program from receiving compensation beyond expenses for testifying in a court of law as an expert on the specific research the person is conducting under such grant or contract.
(i)

Definitions.—
For purposes of this section:
(1)
The term “Advisory Committee” means the National Electric and Magnetic Fields Advisory Committee established under subsection (e).
(2)
The term “Interagency Committee” means the Electric and Magnetic Fields Interagency Committee established under subsection (d).
(3)
The term “Director” means the Director of the National Institute of Environmental Health Sciences.
(4)
The term “program” means the electric and magnetic fields research and public information dissemination program established in subsection (a).
(5)
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other commonwealth, territory, or possession of the United States.
(j)

Authorization of Appropriations.—
(1)

General authorization.—
There are authorized to be appropriated to the Secretary a total of $46,000,000 for the period encompassing fiscal years 1993 through 1998 to carry out the provisions of this section, except that not more than $1,000,000 may be expended in any such fiscal year for activities under subsection (b)(1). Any amounts appropriated pursuant to this paragraph shall remain available until expended.
(2)

Restrictions on use of funds.—
(A)

Administrative expenses of certain funding recipients.—
Of the total funds provided to any institution under this section, the amount of such funds that may be used for the administrative indirect costs of the institution may not exceed 26 percent of the modified direct costs of the project.
(B)

Administrative expenses of the secretary and the director.—
Of the total amount of funds made available under this section for any fiscal year, not more than 10 percent of such funds may be used for authorized administrative expenses of the Secretary and the Director in carrying out this section.
(C)

Construction and rehabilitation of facilities and equipment.—
Funds made available under this section may not be used for the construction or rehabilitation of facilities or fixed equipment.
(k)

Sense of Congress.—
It is the sense of the Congress that remedial action taken by the Government on electric and magnetic fields, if and as necessary, should be based on, and consistent with, scientifically valid research such as the results and findings of the research authorized by this Act.
(l)

Sunset Provision.—
All authority under this section shall expire on December 31, 1998.
SEC. 2119.
[42 U.S.C. 13479]

SPARK M. MATSUNAGA RENEWABLE ENERGY AND OCEAN TECHNOLOGY CENTER.
(a)

Findings.—
The Congress finds that—
(1)
the late Spark M. Matsunaga, United States Senator from Hawaii, was a longstanding champion of research and development of renewable energy, particularly wind and ocean energy, photovoltaics, and hydrogen fuels;
(2)
it was Senator Matsunaga's vision that renewable energy could provide a sustained source of non-polluting energy and that such forms of alternative energy might ultimately be employed in the production of liquid hydrogen as a transportation fuel and energy storage medium available as an energy export;
(3)
Senator Matsunaga also believed that research on other aspects of renewable energy and ocean resources, such as advanced materials, could be crucial to full development of energy storage and conversion systems; and
(4)
Keahole Point, Hawaii is particularly well-suited as a site to conduct renewable energy and associated marine research.
(b)

Purpose.—
It is the purpose of this section to establish the facilities and equipment located at Keahole Point, Hawaii as a cooperative research and development facility, to be known as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center.
(c)

Establishment.—
The facilities and equipment located at Keahole Point, Hawaii are established as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center (in this section referred to as the “Center”).
(d)

Administration.—
(1)
Not later than 180 days after the date of enactment of this Act, the Secretary may authorize a cooperative agreement with a qualified research institution to administer the Center.
(2)
For the purpose of paragraph (1), a qualified research institution is a research institution located in the State of Hawaii that has demonstrated competence and will be the lead organization in the State in renewable energy and ocean technologies.
(e)

Activities.—
The Center may carry out research, development, educational, and technology transfer activities on—
(1)
renewable energy;
(2)
energy storage, including the production of hydrogen from renewable energy;
(3)
materials applications related to energy and marine environments;
(4)
other environmental and ocean research concepts, including sea ranching and global climate change; and
(5)
such other matters as the Secretary may direct.
(f)

Matching Funds.—
To be eligible for Federal funds under this section, the Center must provide funding in cash or in kind from non-Federal sources for each amount provided by the Secretary.
(g)

Authorization.—
There is authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary, to be derived from sums authorized under section 2111(c).
Subtitle C—

Advanced Nuclear Reactors
SEC. 2121.
[42 U.S.C. 13491]

PURPOSES AND DEFINITIONS.
(a)

Purposes.—
The purposes of this subtitle are—
(1)
to require the Secretary to carry out civilian nuclear programs in a way that will lead toward the commercial availability of advanced nuclear reactor technologies; and
(2)
to authorize such activities to further the timely availability of advanced nuclear reactor technologies, including technologies that utilize standardized designs or exhibit passive safety features.
(b)

Definitions.—
For purposes of this subtitle—
(1)
the term “advanced nuclear reactor technologies” means—
(A)
advanced light water reactors that may be commercially available in the near-term, including but not limited to mid-sized reactors with passive safety features for the generation of commercial electric power from nuclear fission; and
(B)
other advanced nuclear reactor technologies that may require prototype demonstration prior to commercial availability in the mid- or long-term, including but not limited to high-temperature, gas-cooled reactors and liquid metal reactors, for the generation of commercial electric power from nuclear fission;
(2)
the term “Commission” means the Nuclear Regulatory Commission;
(3)
the term “standardized design” means a design for a nuclear power plant that may be utilized for a multiple number of units or a multiple number of sites; and
(4)
the term “certification” means approval by the Commission of a standardized design.
SEC. 2122.
[42 U.S.C. 13492]

PROGRAM, GOALS, AND PLAN.
(a)

Program Direction.—
The Secretary shall conduct a program to encourage the deployment of advanced nuclear reactor technologies that to the maximum extent practicable—
(1)
are cost effective in comparison to alternative sources of commercial electric power of comparable availability and reliability, taking into consideration life cycle environmental costs;
(2)
facilitate the design, licensing, construction, and operation of a nuclear powerplant using a standardized design;
(3)
exhibit enhanced safety features; and
(4)
incorporate features that advance the objectives of the Nuclear Non-Proliferation Act of 1978.
(b)

Program Goals.—
The goals of the program established under subsection (a) shall include—
(1)
for the near-term—
(A)
to facilitate the completion, by September 30, 1996, for certification by the Commission, of standardized advanced light water reactor technology designs that the Secretary determines have the characteristics described in subsection (a) (1) through (4);
(B)
to facilitate the completion of submissions, by September 30, 1996, for preliminary design approvals by the Commission of standardized designs for the modular high-temperature gas-cooled reactor technology and the liquid metal reactor technology; and
(C)
to evaluate by September 30, 1996, actinide burn technology to determine if it can reduce the volume of long-lived fission byproducts;
(2)
for the mid-term—
(A)
to facilitate increased efficiency of enhanced safety, advanced light water reactors to produce electric power at the lowest cost to the customer;
(B)
to develop advanced reactor concepts that are passively safe and environmentally acceptable; and
(C)
to complete necessary research and development on high-temperature gas-cooled reactor technology and liquid metal reactor technology to support the selection, by September 30, 1998, of one or both of those technologies as appropriate for prototype demonstration; and
(3)
for the long-term, to complete research and development and demonstration to support the design of advanced reactor technologies capable of providing electric power to a utility grid as soon as practicable but no later than the year 2010.
(c)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a 5-year program plan to guide the activities under this section. The program plan shall include schedule milestones, Federal funding requirements, and non-Federal cost sharing requirements. In preparing the program plan, the Secretary shall take into consideration—
(1)
the need for, and the potential for future adoption by electric utilities or other entities of, advanced nuclear reactor technologies that are available, under development, or have the potential for being developed, for the generation of energy from nuclear fission;
(2)
how the Federal Government, acting through the Secretary, can be effective in ensuring the availability of such technologies when they are needed;
(3)
how the Federal Government can most effectively cooperate with the private sector in the accomplishment of the goals set forth in subsection (b); and
(4)
potential alternative funding sources for carrying out this section.
In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies. The Secretary shall update the program plan annually and submit such update to Congress. Each such update shall describe any activities that are behind schedule, any funding shortfalls, and any other circumstances that might affect the ability of the Secretary to meet the goals set forth in subsection (b).
SEC. 2123.
[42 U.S.C. 13493]

COMMERCIALIZATION OF ADVANCED LIGHT WATER REACTOR TECHNOLOGY.
(a)

Certification of Designs.—
In order to achieve the goal of certification of completed standardized designs by the Commission by 1996 as set forth in section 2122(b), the Secretary shall conduct a 5-year program of technical and financial assistance to encourage the development and submission for certification of advanced light water reactor designs which, in the judgment of the Secretary, can be certified by the Commission by no later than the end of fiscal year 1996.
(b)

First-of-a-Kind Engineering.—
(1)

Establishment of program.—
The Secretary shall conduct a program of Federal financial and technical assistance for the first-of-a-kind engineering design of standardized commercial nuclear powerplants which are included, as of the date of enactment of this Act, in the Department of Energy's program for certification of advanced light water reactor designs.
(2)

Selection criteria.—
In order to be eligible for assistance under this subsection, an entity shall certify to the satisfaction of the Secretary that—
(A)
the entity, or its members, are bona fide entities engaged in the design, engineering, manufacture, construction, or operation of nuclear reactors;
(B)
the entity, or its members, have the financial resources necessary for, and fully intend to pursue the design, engineering, manufacture, construction, and operation in the United States of nuclear power plants through completion of construction and into operation;
(C)
the design proposed is scheduled for certification by the Commission under the Department of Energy's program for certification of light water reactor designs; and
(D)
at least 50 percent of the funding for the project shall be obtained from non-Federal sources, and a substantial portion of that non-Federal funding shall be obtained from utilities or entities whose primary purpose is the production of electrical power for public consumption.
(3)

Program documents.—
The Secretary shall prepare and submit to the Congress a program document for each design selected under this subsection, specifying goals and objectives, major milestones for achieving those goals and objectives, and the work products to be provided to the Secretary or made available for inspection.
(4)

Funding limitations.—
(A)
Before entering into an agreement with an entity under this subsection, the Secretary shall establish a cost ceiling for the contribution of the Federal Government for the project, and shall report such cost ceiling to the Congress.
(B)
No entity shall receive assistance under this subsection for a period greater than 4 years.
(C)
The aggregate funding provided by the Secretary for projects under this subsection shall not exceed $100,000,000 for the period encompassing fiscal years 1993 through 1997.
(5)

Status report.—
The Secretary shall annually submit to the Congress a status report on each project receiving assistance under this subsection.
SEC. 2124.
[42 U.S.C. 13494]

PROTOTYPE DEMONSTRATION OF ADVANCED NUCLEAR REACTOR TECHNOLOGY.
(a)

Solicitation of Proposals.—
Within 3 years after the date of enactment of this Act, the Secretary shall solicit proposals for carrying out the preliminary engineering design of not more than 2 prototype advanced nuclear reactor technologies developed by the Department of Energy, other than advanced light water reactor technologies, necessary to support a decision on whether to recommend construction of a prototype demonstration reactor with the characteristics described in section 2123(a). Proposals submitted under this subsection shall be for modular design concepts of sufficient size to address requirements related to the certification of a standardized design.
(b)

Recommendation to Congress.—
(1)
Not later than September 30, 1998, the Secretary shall submit to Congress recommendations on whether to build one or more prototype demonstration reactors under this section. Such recommendations shall—
(A)
specify a preferred technology or technologies;
(B)
include detailed information on milestones for construction and operation;
(C)
include an estimate of the funding requirements; and
(D)
specify the extent and type of non-Federal financial support anticipated.
In developing the recommendations under this paragraph, the Secretary shall provide for public notice and an opportunity for comment, and shall solicit the views of the Commission and other parties with technical expertise the Secretary considers useful in the development of such recommendations.
(2)
The prototype demonstration program under this section shall be carried out to the maximum extent practicable with private sector funding. At least 50 percent of the funding for such program shall be non-Federal funding. The extent of non-Federal cost sharing proposed for any demonstration project shall be a criterion for the selection of the project.
(c)

Selection of Technology.—
Any technology selected by the Secretary for recommendation for prototype demonstration under this section shall to the maximum extent possible exhibit the characteristics set forth in section 2123(a).
SEC. 2125.

REPEALS.
The Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 is amended—
(1)
in section 4(c)(1)(C), by inserting “and” after “Program;”;
(2)
in section 4(c)(2)(C), by striking “Program; and” and inserting in lieu thereof “Program.”;
(3)
by striking section 4(c)(3);
(4)
in section 5(1)(B), by inserting “and” after “program;”;
(5)
in section 5(2)(B), by striking “program; and” and inserting in lieu thereof “program.”; and
(6)
by striking section 5(3).
SEC. 2126.
[42 U.S.C. 13495]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for carrying out this subtitle $212,804,000 for fiscal year 1993 and such sums as may be necessary for fiscal year 1994. Amounts authorized or otherwise made available for program direction, space reactor power systems, advanced radioisotope power systems, and the space exploration initiative under nuclear energy research and development shall be in addition to the amounts authorized in the preceding sentence.
TITLE XXII—

ENERGY AND ECONOMIC GROWTH
SEC. 2201.
[42 U.S.C. 13501]

NATIONAL ADVANCED MATERIALS INITIATIVE.
(a)

Program Direction.—
The Secretary shall establish a 5-year National Advanced Materials Program, in accordance with sections 3001 and 3002 of this Act. Such program shall foster the commercialization of techniques for processing, synthesizing, fabricating, and manufacturing advanced materials and associated components. At a minimum, the Program shall expedite the private sector deployment of advanced materials for use in high performance energy efficient and renewable energy technologies in the industrial, transportation, and buildings sectors that can foster economic growth and competitiveness. The Program shall include field demonstrations of sufficient scale and number to prove technical and economic feasibility.
(b)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, and professional and technical societies, shall prepare and submit to the Congress a 5-year program plan to guide activities under this section. The Secretary shall biennially update and resubmit the program plan to Congress.
(c)

Proposals.—
(1)

Solicitation.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities consistent with the 5-year program plan. Such proposals may be submitted by one or more parties.
(2)

Contents of proposals.—
Proposals submitted under this subsection shall include—
(A)
an explanation of how the proposal will expedite the commercialization of advanced materials in energy efficiency or renewable energy in the near-term to mid-term;
(B)
evidence of consideration of whether the unique capabilities of Department of Energy national laboratories warrants collaboration with such laboratories, and the extent of such collaboration proposed;
(C)
a description of the extent to which the proposal includes collaboration with relevant industry or other groups or organizations; and
(D)
evidence of the ability of the proposers to undertake and complete the proposed project.
(d)

General Services Administration Demonstration Program.—
The Secretary, in consultation with the Administrator of General Services, shall establish a program to expedite the use, in goods and services acquired by the General Services Administration, of advanced materials technologies. Such program shall include a demonstration of the use of advanced materials technologies as may be necessary to establish technical and economic feasibility. The Secretary shall transfer funds to the General Services Administration for carrying out this subsection.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary, to be derived for energy efficient applications from section 2101(e) and for renewable applications from section 2111(c), including Department of Energy national laboratory participation in proposals submitted under subsection (c), and including transferring funds to the General Services Administration.
SEC. 2202.
[42 U.S.C. 13502]

NATIONAL ADVANCED MANUFACTURING TECHNOLOGIES INITIATIVE.
(a)

Program Direction.—
The Secretary shall establish a 5-year National Advanced Manufacturing Technologies Program, in accordance with sections 3001 and 3002 of this Act. Such program shall foster the commercialization of advanced manufacturing technologies to improve energy efficiency and productivity in manufacturing. At a minimum, the Program shall expedite the private sector deployment of advanced manufacturing technologies to improve productivity, quality, and control in manufacturing processes that can foster economic growth, energy efficiency, and competitiveness. The program shall include field demonstrations of sufficient scale and number to prove technical and economic feasibility.
(b)

Program Plan.—
Within 180 days after the date of enactment of this Act, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, and professional and technical societies, shall prepare and submit to the Congress a 5-year program plan to guide activities under this section. The Secretary shall biennially update and resubmit the program plan to Congress.
(c)

Proposals.—
(1)

Solicitation.—
Within 1 year after the date of enactment of this Act, the Secretary shall solicit proposals for conducting activities consistent with the 5-year program plan. Such proposals may be submitted by one or more parties.
(2)

Contents of proposals.—
Proposals submitted under this subsection shall include—
(A)
an explanation of how the proposal will expedite the commercialization of advanced manufacturing technologies to improve energy efficiency in the building, industry, and transportation sectors;
(B)
evidence of consideration of whether the unique capabilities of Department of Energy national laboratories warrants collaboration with such laboratories, and the extent of such collaboration proposed;
(C)
a description of the extent to which the proposal includes collaboration with relevant industry or other groups or organizations; and
(D)
evidence of the ability of the proposers to undertake and complete the proposed project.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary, to be derived from sums authorized under section 2101(e), including Department of Energy national laboratory participation in proposals submitted under subsection (c).
SEC. 2203.
[42 U.S.C. 13503]

SUPPORTING RESEARCH AND TECHNICAL ANALYSIS.
(a)

Basic Energy Sciences.—
(1)

Program direction.—
The Secretary shall continue to support a vigorous program of basic energy sciences to provide basic research support for the development of energy technologies. Such program shall focus on the efficient production and use of energy, and the expansion of our knowledge of materials, chemistry, geology, and other related areas of advancing technology development.
(2)

User facilities.—
(A)
As part of the program referred to in paragraph (1), the Secretary shall carry out planning, construction, and operation of user facilities to provide special scientific and research capabilities, including technical expertise and support as appropriate, to serve the research needs of our Nation's universities, industry, private laboratories, Federal laboratories, and others. Research institutions or individuals from other nations shall be accommodated at such user facilities in cases where reciprocal accommodations are provided to United States research institutions and individuals or where the Secretary considers such accommodation to be in the national interest.
(B)
The construction of the Advanced Photon Source at the Argonne National Laboratory is hereby authorized.
(C)
The Secretary shall not change the user fee practice in effect as of October 1, 1991, with respect to user facilities unless the Secretary notifies Congress 90 days before the effective date of any change.
(D)
The Secretary shall expedite the design for construction of the Advanced Neutron Source at the Oak Ridge National Laboratory, in order to provide critical research capabilities in support of our national research initiatives for advanced materials and biotechnology, as well as a broad range of research. Such action shall be consistent with the Basic Energy Sciences Advisory Committee's Technical Evaluation of accelerator and reactor neutron source technologies. Within 90 days after the date of enactment of this Act, the Secretary shall submit to the Congress a plan for such design, including a schedule for construction.
(3)

Cost sharing.—
The Secretary shall not require cost sharing for research and development pursuant to this subsection, except—
(A)
as otherwise provided for in cooperative research and development agreements or other agreements entered into under existing law;
(B)
for fees for user facilities, as determined by the Secretary; or
(C)
in the case of specific projects, where the Secretary determines that the benefits of such research and development accrue to a specific industry or group of industries, in which case cost sharing under section 3002 of this Act shall apply.
(b)

University and Science Education.—
(1)

University research reactors.—
The Secretary shall support programs for improvements and upgrading of university research reactors and associated instrumentation and equipment. Within 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report on the condition and status of university research reactors, which includes a 5-year plan for upgrading and improving such facilities, instrumentation capabilities, and related equipment.
(2)

Method to evaluate effectiveness of education programs.—
The Secretary shall develop a method to evaluate the effectiveness of science and mathematics education programs provided by the Department of Energy and its laboratories, including specific evaluation criteria.
(3)

Established program to stimulate competitive research.—
(A)

Definitions.—
In this paragraph:
(i)

Eligible jurisdiction.—
The term “eligible jurisdiction” means a State that is determined to be eligible for a grant under this paragraph in accordance with subparagraph (D).
(ii)

Epscor.—
The term “EPSCoR” means the Established Program to Stimulate Competitive Research operated under subparagraph (B).
(iii)

National laboratory.—
The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(iv)

State.—
The term “State” means—
(I)
a State;
(II)
the District of Columbia;
(III)
the Commonwealth of Puerto Rico;
(IV)
Guam; and
(V)
the United States Virgin Islands.
(B)

Program operation.—
The Secretary shall operate an Established Program to Stimulate Competitive Research.
(C)

Objectives.—
The objectives of EPSCoR shall be—
(i)
to increase the number of researchers in eligible jurisdictions, especially at institutions of higher education, capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research, environmental management, and basic science;
(ii)
to improve science and engineering research and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, including through investing in research equipment and instrumentation; and
(iii)
to increase the probability of long-term growth of competitive funding to eligible jurisdictions.
(D)

Eligible jurisdictions.—
(i)

In general.—
The Secretary may establish criteria for determining whether a State is eligible for a grant under this paragraph.
(ii)

Requirement.—
Except as provided in clause (iii), in establishing criteria under clause (i), the Secretary shall ensure that a State is eligible for a grant under this paragraph if the State, as determined by the Secretary, is a State that—
(I)
historically has received relatively little Federal research and development funding; and
(II)
has demonstrated a commitment—
- (aa)
to develop the research bases in the State; and
- (bb)
to improve science and engineering research and education programs at institutions of higher education in the State.
(iii)

Eligibility under nsf epscor.—
At the election of the Secretary, or if the Secretary declines to establish criteria under clause (i), the Secretary may continue to use the eligibility criteria in use on the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 or any successor criteria.
(E)

Grants.—
(i)

In general.—
EPSCoR shall make grants to eligible jurisdictions to carry out and support applied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy, including—
(I)
energy efficiency, fossil energy, renewable energy, nuclear energy, and other applied energy research;
(II)
electricity delivery research;
(III)
cybersecurity, energy security, and emergency response;
(IV)
environmental management; and
(V)
scientific research, including—
- (aa)
advanced scientific computing research;
- (bb)
basic energy sciences;
- (cc)
biological and environmental research;
- (dd)
fusion energy sciences;
- (ee)
high energy physics;
- (ff)
nuclear physics;
- (gg)
isotope research, development, and production;
- (hh)
accelerator research, development, and production; and
- (ii)
other areas of research funded by the Office of Science, as determined by the Secretary.
(ii)

Activities.—
EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in clause (i), including—
(I)
to support research that is carried out in partnership with the National Laboratories;
(II)
to provide for undergraduate scholarships, graduate fellowships, and traineeships;
(III)
to support research by early career facultyand staff;
(IV)
to improve research capabilities through annual research implementation grants;
(V)
to develop research clusters for particular areas of expertise; and
(VI)
to diversify the future workforce.
(iii)

No cost sharing.—
EPSCoR shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph, but may require letters of commitment from National Laboratories.
(F)

Research capability enhancement.—
(i)

Scholarships and fellowships.—
(I)

In general.—
Pursuant to subparagraph (E)(ii), the Secretary shall award grants to institutions of higher education in eligible jurisdictions for those institutions of higher education to provide scholarships and fellowships.
(II)

Grant.—
A scholarship or fellowship awarded by an institution of higher education in an eligible jurisdiction using a grant provided under subclause (I)—
- (aa)
in the case of an undergraduate scholarship—
(AA)
shall be for a period of 1 year; and
(BB)
may be competitively renewable on an annual basis; and
- (bb)
in the case of a graduate level fellowship, shall be for a period of not more than 5 years.
(ii)

Early career capacity development.—
(I)

In general.—
Pursuant to subparagraph (E)(ii), the Secretary shall award grants to early career faculty and staff at institutions of higher education in eligible jurisdictions—
- (aa)
to support investigator-initiated research, including associated research equipment and instrumentation;
- (bb)
to support activities associated with identifying and responding to funding opportunities;
- (cc)
to secure technical assistance for the pursuit of funding opportunities; and
- (dd)
to develop and enhance collaboration among National Laboratories, Department of Energy programs, the private sector, and other relevant entities.
(II)

Grants.—
A grant awarded under subclause (I) shall be—
- (aa)
for a period of not more than 5 years; and
- (bb)
competitively renewable for an additional 5-year period.
(iii)

Research capacity development.—
(I)

In general.—
Pursuant to subparagraph (E)(ii), the Secretary shall award competitive grants to institutions of higher education in eligible jurisdictions for research capacity development and implementation, including—
- (aa)
developing expertise in key technology areas, including associated equipment and instrumentation;
- (bb)
developing and acquiring novel, state-of-the-art instruments and equipment that range in cost from $500,000 to $20,000,000;
- (cc)
enhancing collaboration with National Laboratories, the Department of Energy, and the private sector through faculty or staff placement programs; and
- (dd)
supporting formal partnership programs with institutions of higher education and National Laboratories.
(II)

Grants.—
A grant awarded under subclause (I) shall be—
- (aa)
for a period of not more than 5 years; and
- (bb)
renewable for an additional 5-year period.
(III)

Equipment and instrumentation.—
To the maximum extent practicable, the Secretary shall ensure that research equipment and instrumentation developed or acquired pursuant to a grant awarded under subclause (I) may sustain continued operation and be maintained without the need for additional or subsequent funding under this section.
(G)

Program implementation.—
(i)

In general.—
Not later than 270 days after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR.
(ii)

Contents of plan.—
The plan described in clause (i) shall include a description of—
(I)
the management structure of EPSCoR, which shall ensure that all research areas and activities described in this paragraph are incorporated into EPSCoR;
(II)
efforts to conduct outreach to inform eligible jurisdictions and faculty of changes to, and opportunities under, EPSCoR;
(III)
how EPSCoR plans to increase engagement with eligible jurisdictions, faculty, and State committees, including by holding regular workshops, to increase participation in EPSCoR; and
(IV)
any other issues relating to EPSCoR that the Secretary determines appropriate.
(iii)

Update.—
Not later than 270 days after the date of enactment of the Research and Development, Competition, and Innovation Act, the Secretary shall—
(I)
update the plan submitted under clause (i); and
(II)
submit the updated plan to the committees described in that clause.
(H)

Program evaluation.—
(i)

In general.—
Not later than 5 years after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall contract with a federally funded research and development center, the National Academy of Sciences, or a similar organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of—
(I)
the tangible progress made towards achieving the objectives described in subparagraph (C);
(II)
the impact of research supported by EPSCoR on the mission of the Department of Energy; and
(III)
any other issues relating to EPSCoR that the Secretary determines appropriate.
(ii)

Limitation.—
The organization with which the Secretary contracts under clause (i) shall not be a National Laboratory.
(iii)

Report.—
Not later than 6 years after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Science, Space and Technology and the Committee on Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause (i), including recommendations for improvements that would enable the Secretary to achieve the objectives described in subparagraph (C).
(iv)

Annual report.—
At the end of each fiscal year, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that includes—
(I)
the total amount of expenditures made by the Department to carry out EPSCoR in each eligible jurisdiction for each of the 3 most recent fiscal years for which such information is available;
(II)
- (aa)
the number of EPSCoR awards made to institutions of higher education located in eligible jurisdictions; and
- (bb)
the amount and type of each award;
(III)
the number of awards that are not EPSCoR awards made by the Secretary to institutions of higher education located in eligible jurisdictions;
(IV)
- (aa)
the number of representatives of institutions of higher education in eligible jurisdictions serving on each Office of Science advisory committee; and
- (bb)
for each such advisory committee, the percentage of committee membership that those individuals constitute; and
(V)
the number of individuals from institutions of higher education in eligible jurisdictions serving on peer review committees.
(I)

Funding.—
(i)

Authorization of appropriations.—
There are authorized to be appropriated to the Secretary to carry out EPSCoR, to remain available until expended—
(I)
$50,000,000 for fiscal year 2023;
(II)
$50,000,000 for fiscal year 2024;
(III)
$75,000,000 for fiscal year 2025;
(IV)
$100,000,000 for fiscal year 2026; and
(V)
$100,000,000 for fiscal year 2027.
(ii)

Grants to consortia.—
In the case of an EPSCoR grant awarded to a consortium that contains institutions of higher education that are not located in eligible jurisdictions, the Secretary may count—
(I)
the full amount of funds expended to provide the grant towards meeting the funding requirement in clause (iii) if the lead entity of the consortium is an institution of higher education located in an eligible jurisdiction; and
(II)
only the funds provided to institutions of higher education located in eligible jurisdictions towards meeting the funding requirement in clause (iii) if the lead entity of the consortium is an institution of higher education that is not located in an eligible jurisdiction.
(iii)

Additional funds for eligible jurisdictions.—
In addition to funds authorized to be appropriated under clause (i), the Secretary, to the maximum extent practicable while maintaining the competitive, merit-based award processes of the Office of Science, shall ensure that, of the research and development funds of the Office of Science that are awarded by the Secretary each year to institutions of higher education, not less than 10 percent is awarded to institutions of higher education in eligible jurisdictions pursuant to the evaluation and selection criteria in section 605.10 of title 10, Code of Federal Regulations (or successor regulations).
(iv)

Additional funds for equipment and instrumentation.—
In addition to funds authorized to be appropriated under clause (i), there is authorized to be appropriated to the Secretary to award grants under subparagraph (F)(iii)(I) for the purpose described in item (bb) of that subparagraph $25,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
(v)

Accounting.—
To the maximum extent practicable, the Secretary shall ensure that each program within the Department of Energy that endorses an EPSCoR grant awardee shall contribute funding to the award to acknowledge the research benefits to the mission of that program.
(c)

Technology Transfer.—
The Secretary shall support technology transfer activities conducted by the National Laboratories. Within 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report on the adequacy of funding for such activities, along with a proposal recommending ways to reduce the length of time required to consummate cooperative research and development agreements.
(d)

Facilities Support for Multiprogram Energy Laboratories.—
(1)

Facility policy.—
The Secretary shall develop and implement a least cost strategy for correcting facility problems, closing unneeded facilities, making facility modifications, and building new facilities at multiprogram energy laboratories.
(2)

Facility plan.—
Within 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a comprehensive plan for conducting future facility maintenance, making repairs, modifications, and new additions, and constructing new facilities at multiprogram energy laboratories. Such plan shall provide for facilities work in accordance with the following priorities, listed in descending order of priority:
(A)
Providing for the safety and health of employees, visitors, and the general public with regard to correcting existing structural, mechanical, electrical, and environmental deficiencies.
(B)
Providing for the repair and rehabilitation of existing facilities to keep them in use and prevent deterioration.
(C)
Providing engineering design and construction services for those facilities which require modification or additions in order to meet the needs of new or expanded programs.
Such plan shall include plans for new facilities and facility modifications which will be required to meet the Department of Energy's changing missions of the twenty-first century, including schedules and estimates for implementation, and including a section outlining long-term funding requirements consistent with anticipated budgets and annual authorization of appropriations. Such plan shall address the coordination of modernization and consolidation of facilities in order to meet changing mission requirements, and shall provide for annual reports to Congress on accomplishments, conformance to schedules, commitments, and expenditures.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary for Supporting Research and Technical Analysis, including Basic Energy Sciences, Energy Research Analysis, University and Science Education, Technology Transfer, Advisory and Oversight Program Direction, and Facilities Support for Multiprogram Energy Laboratories, $966,804,000 for fiscal year 1993 and such sums as may be necessary for fiscal year 1994.
SEC. 2204.
[42 U.S.C. 13504]

MATH AND SCIENCE EDUCATION PROGRAM.
(a)

Program.—
The Secretary shall enter into contracts with existing qualified entities to conduct science and mathematics education programs that supplement the Special Programs for Students from Disadvantaged Backgrounds carried out by the Secretary of Education under sections 417A through 417F of Public Law 89–329, as amended (20 U.S.C. 1070d through 1070d–1d).
(b)

Purpose.—
(1)
The purpose of the programs shall be to provide support to Federal, State, and private programs designed to promote the participation of low-income and first generation college students as defined in section 417A of Public Law 89–329, as amended (20 U.S.C. 1070d–d), in post-secondary science and mathematics education.
(2)
Support activities may include—
(A)
the development of educational materials;
(B)
the training of teachers and counselors;
(C)
the establishment of student internships;
(D)
the development of seminars on mathematics and science;
(E)
tutoring in mathematics and science;
(F)
academic counseling;
(G)
the development of opportunities for research; and
(H)
such other activities that may promote the participation of low-income and first generation college students in post-secondary science and mathematics education.
(c)

Support.—
(1)
In carrying out the purpose of this section, the entities may provide support under subsection (b)(2) to—
(A)
low-income and first generation college students; and
(B)
institutions of higher education, public and private agencies and organizations, and secondary and middle schools that principally benefit low-income students.
(2)
The qualified entities shall, to the extent practicable, coordinate support activities under this section with the Secretary of Education and the Secretary.
(d)

Cooperation With Qualified Entities.—
The Secretary shall cooperate with qualified entities and, to the extent practicable, make available to the entities such personnel, facilities, and other resources of the Department of Energy as may be necessary to carry out the duties of the entities.
(e)

Report.—
Not later than October 1 of each year, the entities shall report to the Secretary, the Secretary of Education, and the Congress on—
(1)
progress made to promote the participation of low-income and first generation college students in post-secondary science and mathematics education by—
(A)
the qualified entities;
(B)
other mathematics and science education programs of the Department of Energy; and
(C)
the Special Programs for Students from Disadvantaged Backgrounds of the Department of Education; and
(2)
recommendations for such additional actions as may be needed to promote the participation of low-income students in post-secondary science and mathematics education.
(f)

Effect on Existing Programs.—
The programs in this section shall supplement and be developed in cooperation with the current mathematics and science education programs of the Department of Energy and the Department of Education but shall not supplant them.
(g)

Definition.—
For purposes of this section, the term “qualified entity” means a nonprofit corporation, association, or institution that has demonstrated special knowledge of, and experience with, the education of low-income and first generation college students and whose primary mission is the operation of national programs that focus on low-income students and provide training and other services to educators.
(h)

Authorization.—
There are authorized to be appropriated such sums as may be necessary, to be derived from section 2203(e) and the Environmental Restoration and Waste Management program, to carry out the purposes of this section.
SEC. 2205.
[42 U.S.C. 13505]

INTEGRATION OF RESEARCH AND DEVELOPMENT.
Within 180 days after the date of enactment of this Act, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, and professional and technical societies, shall prepare and submit to Congress a 5-year program plan for improving the integration of basic energy research programs with other energy programs within the Department of Energy. Such program plan shall include—
(1)
an evaluation of current procedures and mechanisms used to achieve such integration;
(2)
an assessment of the role that the Department of Energy national laboratories play in such integration;
(3)
an identification and evaluation of models that could enhance such integration;
(4)
an identification and evaluation of new programs, mechanisms, and related policy options that could improve the integrating process, including—
(A)
set aside funding for matching or leveraging basic and applied programs;
(B)
more formal linkages; and
(C)
program coordination;
(5)
recommendations for expanded research and development and new technology areas; and
(6)
budget estimates for activities under this section.
SEC. 2206.
[42 U.S.C. 13506]

DEFINITIONS.
For purposes of this title—
(1)
the term “advanced manufacturing technology” means processes, equipment, techniques, practices, and capabilities that are applied for the purpose of—
(A)
improving the productivity, quality, or energy efficiency of the design, development, testing, or manufacture of a product; or
(B)
expanding the technical capability to design, develop, test, or manufacture a product that is fundamentally different in character from existing products and that will result in improved energy efficiency;
(2)
the term “advanced materials” means materials that are processed, synthesized, fabricated, and manufactured to develop high performance properties that exceed the corresponding properties of conventional materials for structural, electronic, magnetic, or photonic applications, or for joining, welding, bonding, or packaging components into complex assemblies, including—
(A)
advanced monolithic materials such as metals, ceramics, and polymers;
(B)
advanced composite materials such as metal matrix (including intermetallics), polymer matrix, ceramic matrix, continuous fiber ceramic composite, and carbon matrix composites; and
(C)
advanced electronic, magnetic, and photonic materials, including superconducting, semiconductor, electrooptic, magnetooptic, thin-film, and special purpose coating materials used in technologies for energy efficiency, renewable energy, or electric power applications; and
(3)
the term “United States” means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other territory or possession of the United States.
TITLE XXIII—

POLICY AND ADMINISTRATIVE PROVISIONS
SEC. 2301.
[42 U.S.C. 13521]

POLICY ON MAJOR CONSTRUCTION PROJECTS.
(a)

Report and Management Plan.—
The Secretary shall submit to the Congress a report and management plan for any major construction project involving $100,000,000 or more, prior to the expenditure of those funds.
(b)

Congressional Review.—
Expenditure of funds for a project described in subsection (a) may be made after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than 3 calendar days prior to a day certain) has passed after receipt of the report and management plan by Congress.
SEC. 2302.
[42 U.S.C. 13522]

ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION ADVISORY BOARD.
(a)

Establishment.—
The Secretary shall establish an Energy Research, Development, Demonstration, and Commercial Application Advisory Board (hereafter in this section referred to as the “Advisory Board”).
(b)

Responsibilities.—
The Advisory Board shall provide impartial technical advice to the Secretary to assist in the development of energy research, development, demonstration, and commercial application plans and reports under sections 6 and 15 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905 and 5914), under section 801 of the Department of Energy Organization Act (42 U.S.C. 7321), and as otherwise provided in titles XX through XXIII of this Act. The Advisory Board shall also periodically review such plans and reports and their implementation in relation to the goals stated in section 2001 of this Act, and report the results of such review to the Secretary and the Congress. Such report shall be included as part of the report required under section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914).
(c)

Use of Existing Advisory Board.—
The Secretary may use an existing advisory board to carry out the responsibilities described in subsection (b).
* * * * * * *
SEC. 2304.
[42 U.S.C. 13523]

MANAGEMENT PLAN.
(a)

Plan Preparation.—
The Secretary, in consultation with the Advisory Board established under section 2302, shall prepare a management plan for the conduct of research, development, demonstration, and commercial application of energy technologies that is consistent with the goals stated in section 2001.
(b)

Contents of Plan.—
The management plan under subsection (a) shall provide for—
(1)
investigation of promising energy and energy efficiency resource technologies that have been identified as potentially significant future contributors to national energy security;
(2)
development of energy and energy efficiency resource technologies that have the potential to reduce energy supply vulnerability, and to minimize adverse impacts on the environment, the global climate, and the economy; and
(3)
creation of opportunities for export of energy and energy efficiency resource technologies from the United States that can enhance the Nation's competitiveness.
(c)

Energy Technology Inventory and Status Report.—
As part of the management plan, the Secretary, with the advice of the Advisory Board established under section 2302 of this Act, shall develop an inventory and status report of technologies to enhance energy supply and to improve the efficiency of energy end uses. The inventory and status report shall include fossil, renewable, nuclear, and energy conservation technologies which have not yet achieved the status of fully reliable and cost-competitive commercial availability, but which the Secretary projects may become available with additional research, development, and demonstration. The inventory and status report shall provide, for each technology—
(1)
an assessment of its—
(A)
degree of technological maturity; and
(B)
principal research, development, and demonstration issues, including—
(i)
the barriers posed by capital, operating, and maintenance costs;
(ii)
technical performance; and
(iii)
potential environmental impacts;
(2)
the projected time frame for commercial availability, specifying at a minimum whether the technology will be commercially available in the near-term, mid-term, or long-term, whether there are too many uncertainties to project availability, or whether it is unlikely that the technology will ever be commercial; and
(3)
a projection of the future cost-competitiveness of the technology in comparison with alternative technologies to provide the same energy service.
(d)

Public Comment.—
The Secretary shall publish the proposed management plan for a written public comment period of at least 90 days. The Secretary shall consider such comments and include a summary thereof in the management plan.
(e)

Plan Submission.—
Within one year after the date of enactment of this Act, the Secretary shall submit the first management plan under this section to Congress. Thereafter, the Secretary shall submit a revised management plan biennially, at the time of submittal of the President's annual budget submission to the Congress.
SEC. 2305.
[42 U.S.C. 13524]

COSTS RELATED TO DECOMMISSIONING AND THE STORAGE AND DISPOSAL OF NUCLEAR WASTE.
(a)

Award of Contracts.—
(1)

Prime contractors.—
In awarding contracts to perform nuclear hot cell services, the Secretary, in evaluating bids for such contracts, shall exclude from consideration costs related to the decommissioning of nuclear facilities or the storage and disposal of nuclear waste, if—
(A)
one or more of the parties bidding to perform such services is a United States company that is subject to such costs; and
(B)
one or more of the parties bidding to perform such services is a foreign company that is not subject to comparable costs.
(2)

Subcontractors.—
Any person awarded a contract subject to the restrictions described in paragraph (1) who subcontracts with a person to perform the services described in such paragraph shall be subject to the same restrictions in evaluating bids among potential subcontractors, as the Secretary was subject to in evaluating bids among prime contractors.
(b)

Issuance of Regulations.—
The Secretary shall issue regulations not later than 90 days after the date of the enactment of this Act to carry out the requirements of subsection (a).
(c)

Definitions.—
As used in this section—
(1)
the term “costs related to decommissioning of nuclear facilities” means any cost associated with the compliance with regulatory requirements governing the decommissioning of nuclear facilities licensed by the Nuclear Regulatory Commission;
(2)
the term “costs related to storage and disposal of nuclear waste” means any costs, whether required by regulation or incurred as a matter of prudent business practice, associated with the storage or disposal of nuclear waste;
(3)
the term “nuclear hot cell services” means services related to the examination of, or performance of various operations on, nuclear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and
(4)
the term “nuclear waste” means any radioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy.
SEC. 2306.
[42 U.S.C. 13525]

LIMITS ON PARTICIPATION BY COMPANIES.
A company shall be eligible to receive financial assistance under titles XX through XXIII of this Act only if—
(1)
the Secretary finds that the company's participation in any program under such titles would be in the economic interest of the United States, as evidenced by investments in the United States in research, development, and manufacturing (including, for example, the manufacture of major components or subassemblies in the United States); significant contributions to employment in the United States; an agreement with respect to any technology arising from assistance provided under this section to promote the manufacture within the United States of products resulting from that technology (taking into account the goals of promoting the competitiveness of United States industry), and to procure parts and materials from competitive suppliers; and
(2)
either—
(A)
the company is a United States-owned company; or
(B)
the Secretary finds that the company is incorporated in the United States and has a parent company which is incorporated in a country which affords to United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those authorized under this Act; affords to United States-owned companies local investment opportunities comparable to those afforded to any other company; and affords adequate and effective protection for the intellectual property rights of United States-owned companies.
SEC. 2307.
[42 U.S.C. 13526]

UNCOSTED OBLIGATIONS.
(a)

Report.—
Along with the submission of each of the President's annual budget requests to Congress, the Secretary shall submit to Congress a report which—
(1)
identifies the amount of Department of Energy funds that were, as of the end of the previous fiscal year—
(A)
committed uncosted obligations; and
(B)
uncommitted uncosted obligations;
(2)
specifically describes the purposes for which all such funds are intended; and
(3)
explains the effect that information contained in the report has had on the annual budget request for the Department of Energy being simultaneously submitted.
(b)

Definitions.—
Within 90 days after the date of enactment of this Act, the Secretary shall submit a report to the Congress containing definitions of the terms “uncosted obligation”, “committed uncosted obligation”, and “uncommitted uncosted obligation” for purposes of reports to be submitted under subsection (a).
* * * * * * *
TITLE XXV—

COAL, OIL, AND GAS
SEC. 2501.
[30 U.S.C. 1028]

HOT DRY ROCK GEOTHERMAL ENERGY.
(a)

Definition of Enhanced Geothermal Systems.—
In this section, the term “enhanced geothermal systems” has the meaning given the term in section 612 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17191).
(b)

USGS Program.—
The Secretary of the Interior, acting through the United States Geological Survey, and in consultation with the Secretary of Energy, shall establish a cooperative Government-private sector program with respect to hot dry rock geothermal energy resources on public lands (as such term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976) and lands managed by the Department of Agriculture, other than any such public or other lands that are withdrawn from geothermal leasing. Such program shall include, but shall not be limited to, activities to identify, select, and classify those areas throughout the United States that have a high potential for hot dry rock geothermal energy production and activities to develop and disseminate information regarding the utilization of such areas for hot dry rock energy production. Such information may include information regarding field test processes and techniques for assuring that hot dry rock geothermal energy development projects are developed in an economically feasible manner without adverse environmental consequences. Utilizing the information developed by the Secretary, together with information developed in connection with other related programs carried out by other Federal agencies, the Secretary, acting through the United States Geological Survey, may also enter into contracts and cooperative agreements with any public or private entity to provide assistance to any such entity to enable such entity to carry out additional projects with respect to the utilization of hot dry rock geothermal energy resources which will further the purposes of this section.
(c)

Update to Geothermal Resource Assessment.—
The Secretary of the Interior, acting through the United States Geological Survey, and in consultation with the Secretary of Energy, shall update the 2008 United States geothermal resource assessment carried out by the United States Geological Survey, including—
(1)
with respect to areas previously identified by the Department of Energy or the United States Geological Survey as having significant potential for hydrothermal energy or enhanced geothermal systems energy, by focusing on—
(A)
improving the resolution of resource potential at systematic temperatures and depths, including temperatures and depths appropriate for power generation and direct use applications;
(B)
quantifying the total potential to coproduce geothermal energy and minerals;
(C)
incorporating data relevant to underground thermal energy storage and exchange, such as aquifer and soil properties; and
(D)
producing high resolution maps, including—
(i)
maps that indicate key subsurface parameters for electric and direct use resources; and
(ii)
risk maps for induced seismicity based on geologic, geographic, and operational parameters; and
(2)
to the maximum extent practicable, by coordinating with relevant State officials and institutions of higher education to expand geothermal assessments, including enhanced geothermal systems assessments, to include assessments for the Commonwealth of Puerto Rico and the States of Alaska and Hawaii.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
* * * * * * *
SEC. 2511.
[25 U.S.C. 242]

OIL SHALE CLAIMS.
(a)

Notice.—
Notwithstanding any other provision of law, within 60 days from the date of enactment of this Act, the Secretary of the Interior shall provide notice to each holder of an unpatented oil shale mining claim of the requirements of this Act. Such notice shall be made by registered mail and b publication in a newspaper of general circulation in the areas in which such claims are located.
(b)

Full Patent.—
The holder of a valid oil shale mining claim who has filed a patent application and received first half final certificate for patent by date of enactment of this Act, may obtain a patent pursuant to the general mining laws of the United States.
(c)

Patent.—
(1)
Notwithstanding any other provision of law, the holder of a valid oil shale mining claim who has filed a patent application which has been accepted for processing by the Department of the Interior by the date of enactment of this Act but has not received first half final certificate for patent by the date of enactment of this Act may receive only a patent limited to the oil shale and associated minerals, upon payment of $2.50 per acre. Title to the surface and to all other minerals, including, but not limited to, oil, gas, and cod, shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to enactment of this Act with respect to oil shale mining claims, subject to the requirements of subsection (f).
(2)
Maintenance of claims referred to in this subsection prior to patent issuance shall be in accordance with the requirements of applicable law prior to enactment of this Act.
(3)
Any holder of a valid oil shale mining claim referred to in this subsection may maintain such claim in accordance with the requirements set forth in subsection (e)(2) in lieu of receiving a patent under this section.
(4)
Notwithstanding any other provision of law, any person referred to in paragraph (1) who obtains compensation from the United States as a result of the application of this section being declared to be a taking of property within the meaning of the Fifth Amendment to the United States Constitution, may obtain a full patent upon tender to the Secretary of the amount of such compensation, not including interest, and upon the receipt of such amount, the Secretary shall convey to such person a patent in the form and manner provided under the general mining laws of the United States. Such tender may only be made within 3 years of obtaining such compensation.
(d)

Election.—
(1)
Notwithstanding any other provision of law, within 180 days from the date of which the Secretary provided notice under subsection (a), a holder of a valid oil shale mining claim for which a patent application was not filed and accepted for processing by the Department of the Interior prior to the date of enactment of this Act shall file with the Secretary a notice of election—
(A)
proceed to limited patent as provided in subsection (e)(1); or
(B)
maintain the unpatented claim as provided for in subsection (e)(2).
(2)
Failure to file the notice of election as required by paragraph (1) shall be deemed conclusively to constitute an abandonment of the claim by operation of law.
(3)
Any claim holder who elects to proceed under paragraph (1)(A) must apply for a patent within 2 years from the date of election or notify the Secretary in writing prior to expiration of the 2-year period of a decision to maintain such claim as provided in paragraph (I)(B) or such claim shall be deemed conclusively to have been abandoned by operation of law.
(4)
The provisions of this subsection shall be in addition to the requirements of section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744).
(e)

Effect of Election.—
(1)
Notwithstanding any other provisions of law, a claim holder subject to the election requirements of subsection (d) who elects to receive a limited patent shall receive title only to the oil shale associated minerals, upon payment of fair market value for the oil shale and associated minerals. Title to the surface and to all other minerals, including, but not limited to oil, gas, and coal, shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to the enactment of this Act with respect to oil shale mining claims, subject to the requirements of subsection (f).
(2)
Notwithstanding any other provision of law, a claim holder referred to in subsection (c) or a claim holder subject to the election requirements of subsection (dl who maintains or el& to maintain an unpatented claim shall maintain such claim by complying with the general mining laws of the United States, and with the provisions of this section, except that the claim holder shall no longer be required to perform annual labor, and instead shall pay to the Secretary $550 per claim per year for deposit as miscellaneous receipts in the general fund of the Treasury, commencing with calendar year 1993. Such fee shall accompany the filing made by the claim holder with the Bureau of Land Management pursuant to section 314(a)(2) of the Federal Land Policy and Management Act (43 U.S.C. 1744(a)(2)).
(f)

Reclamation.—
In addition to other applicable requirements, any person who holds a limited patent or maintains a claim pursuant to this section shall be required to carry out reclamation as prescribed by the Secretary and to furnish a bond or other appropriate financial guarantee in an amount sufficient to ensure adequate reclamation of the lands to be disturbed by any aspect of the proposed mining activities.
(g)

Reaffirmation of Requirements.—
Without comment on the adequacy of current or former standards for determining validity of oil shale claims, Congress reaffirms the requirements of law that a patent may issue only to persons who hold valid claims and the need for careful review of any applications.
(h)

Issuance of Patents.—
Notwithstanding any other provision of law, with respect to any oil shale mining claim located under the general mining laws of the United States, no patent for such claim shall be issued except as provided by this section.
* * * * * * *
TITLE XXVI—

INDIAN ENERGY
SEC. 2601.
[25 U.S.C. 3501]

DEFINITIONS.
In this title:
(1)
The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.
(2)
The term “Indian land” means—
(A)
any land located within the boundaries of an Indian reservation, pueblo, or rancheria;
(B)
any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i)
in trust by the United States for the benefit of an Indian tribe or an individual Indian;
(ii)
by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii)
by a dependent Indian community;
(C)
land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land;
(D)
any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b))); and
(E)
any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village.
(3)
The term “Indian reservation” includes—
(A)
an Indian reservation in existence in any State or States as of the date of enactment of this paragraph;
(B)
a public domain Indian allotment; and
(C)
a dependent Indian community located within the borders of the United States, regardless of whether the community is located—
(i)
on original or acquired territory of the community; or
(ii)
within or outside the boundaries of any State or States.
(4)
(A)
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).
(B)
For the purpose of paragraph (12) and sections 2603(b)(1)(C) and 2604, the term “Indian tribe” does not include any Native Corporation.
(5)
The term “integration of energy resources” means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land.
(6)
The term “Native Corporation” has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(7)
The term “organization” means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources.
(8)
The term “Program” means the Indian energy resource development program established under section 2602(a).
(9)
The term “qualified Indian tribe” means an Indian tribe that has—
(A)
carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or
(B)
substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe.
(10)
The term “Secretary” means the Secretary of the Interior.
(11)
The term “sequestration” means the long-term separation, isolation, or removal of greenhouse gases from the atmosphere, including through a biological or geologic method such as reforestation or an underground reservoir.
(12)
The term “tribal energy development organization” means—
(A)
any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 17 of the Act of June 18, 1934 (25 U.S.C. 5124) (commonly known as the “Indian Reorganization Act”) or section 3 of the Act of June 26, 1936 (49 Stat. 1967, chapter 831) (commonly known as the “Oklahoma Indian Welfare Act”)); and
(B)
any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 2602 or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 2604.
(13)
The term “tribal land” means any land or interests in land owned by any Indian tribe, title to which is held in trust by the United States, or is subject to a restriction against alienation under laws of the United States.
SEC. 2602.
[25 U.S.C. 3502]

INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.
(a)

Department of the Interior Program.—
(1)
To assist Indian tribes in the development of energy resources and further the goal of Indian self-determination, the Secretary shall establish and implement an Indian energy resource development program to assist consenting Indian tribes and tribal energy development organizations in achieving the purposes of this title.
(2)
In carrying out the Program, the Secretary shall—
(A)
provide development grants to Indian tribes and tribal energy development organizations for use in developing or obtaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues;
(B)
provide grants to Indian tribes and tribal energy development organizations for use in carrying out projects to promote the integration of energy resources, and to process, use, or develop those energy resources, on Indian land;
(C)
provide low-interest loans to Indian tribes and tribal energy development organizations for use in the promotion of energy resource development on Indian land and integration of energy resources;
(D)
provide grants and technical assistance to an appropriate tribal environmental organization, as determined by the Secretary, that represents multiple Indian tribes to establish a national resource center to develop tribal capacity to establish and carry out tribal environmental programs in support of energy-related programs and activities under this title, including—
(i)
training programs for tribal environmental officials, program managers, and other governmental representatives;
(ii)
the development of model environmental policies and tribal laws, including tribal environmental review codes, and the creation and maintenance of a clearinghouse of best environmental management practices; and
(iii)
recommended standards for reviewing the implementation of tribal environmental laws and policies within tribal judicial or other tribal appeals systems; and
(E)
consult with each applicable Indian tribe before adopting or approving a well spacing program or plan applicable to the energy resources of that Indian tribe or the members of that Indian tribe.
(3)
There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2006 through 2016.
(4)

Planning.—
(A)

In general.—
In carrying out the program established by paragraph (1), the Secretary shall provide technical assistance to interested Indian tribes to develop energy plans, including—
(i)
plans for electrification;
(ii)
plans for oil and gas permitting, renewable energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other planning relating to energy issues;
(iii)
plans for the development of energy resources and to ensure the protection of natural, historic, and cultural resources; and
(iv)
any other plans that would assist an Indian tribe in the development or use of energy resources.
(B)

Cooperation.—
In establishing the program under paragraph (1), the Secretary shall work in cooperation with the Office of Indian Energy Policy and Programs of the Department of Energy.
(b)

Department of Energy Indian Energy Education Planning and Management Assistance Program.—
(1)
The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research and development, planning, and management needs.
(2)
In carrying out this subsection, the Director may provide grants, on a competitive basis, to an Indian tribe, intertribal organization, or tribal energy development organization for use in carrying out—
(A)
energy, energy efficiency, and energy conservation programs;
(B)
studies and other activities supporting tribal acquisitions of energy supplies, services, and facilities, including the creation of tribal utilities to assist in securing electricity to promote electrification of homes and businesses on Indian land;
(C)
activities to increase the capacity of Indian tribes to manage energy development and energy efficiency programs;
(D)
planning, construction, development, operation, maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and
(E)
development, construction, and interconnection of electric power transmission facilities located on Indian land with other electric transmission facilities.
(3)

Technical and scientific resources.—
In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects.
(4)
(A)
The Director shall develop a program to support and implement research projects that provide Indian tribes with opportunities to participate in carbon sequestration practices on Indian land, including—
(i)
geologic sequestration;
(ii)
forest sequestration;
(iii)
agricultural sequestration; and
(iv)
any other sequestration opportunities the Director considers to be appropriate.
(B)
The activities carried out under subparagraph (A) shall be—
(i)
coordinated with other carbon sequestration research and development programs conducted by the Secretary of Energy;
(ii)
conducted to determine methods consistent with existing standardized measurement protocols to account and report the quantity of carbon dioxide or other greenhouse gases sequestered in projects that may be implemented on Indian land; and
(iii)
reviewed periodically to collect and distribute to Indian tribes information on carbon sequestration practices that will increase the sequestration of carbon without threatening the social and economic well-being of Indian tribes.
(5)
(A)
The Director, in consultation with Indian tribes, may develop a formula for providing grants under this subsection.
(B)
In providing a grant under this subsection, the Director shall give priority to any application received from an Indian tribe with inadequate electric service (as determined by the Director).
(C)
In providing a grant under this subsection for an activity to provide, or expand the provision of, electricity on Indian land, the Director shall encourage cooperative arrangements between Indian tribes and utilities that provide service to Indian tribes, as the Director determines to be appropriate.
(D)
The Secretary of Energy may reduce any applicable cost share required of an Indian tribe, intertribal organization, or tribal energy development organization in order to receive a grant under this subsection to not less than 10 percent if the Indian tribe, intertribal organization, or tribal energy development organization meets criteria developed by the Secretary of Energy, including financial need.
(E)
Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall not apply to assistance provided under this subsection.
(6)
The Secretary of Energy may issue such regulations as the Secretary determines to be necessary to carry out this subsection.
(7)
There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2021 through 2025.
(c)

Department of Energy Loan Guarantee Program.—
(1)
Subject to paragraphs (2) and (4), the Secretary of Energy may provide loan guarantees (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for the unpaid principal and interest due on any loan made to an Indian tribe or a tribal energy development organization for energy development.
(2)
In providing a loan guarantee under this subsection for an activity to provide, or expand the provision of, electricity on Indian land, the Secretary of Energy shall encourage cooperative arrangements between Indian tribes and utilities that provide service to Indian tribes, as the Secretary determines to be appropriate.
(3)
A loan guaranteed under this subsection shall be made by—
(A)
a financial institution subject to examination by the Secretary of Energy;
(B)
an Indian tribe, from funds of the Indian tribe; or
(C)
a tribal energy development organization, from funds of the tribal energy development organization.
(4)
The aggregate outstanding amount guaranteed by the Secretary of Energy at any time under this subsection shall not exceed $20,000,000,000.
(5)
Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary of Energy shall issue such regulations as the Secretary of Energy determines are necessary to carry out this subsection.
(6)
There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
(7)
Not later than 1 year after the date of enactment of this section, the Secretary of Energy shall submit to Congress a report on the financing requirements of Indian tribes for energy development on Indian land.
(d)

Preference.—
(1)
In purchasing electricity or any other energy product or byproduct, a Federal agency or department may give preference to an energy and resource production enterprise, partnership, consortium, corporation, or other type of business organization the majority of the interest in which is owned and controlled by 1 or more Indian tribes.
(2)
In carrying out this subsection, a Federal agency or department shall not—
(A)
pay more than the prevailing market price for an energy product or byproduct; or
(B)
obtain less than prevailing market terms and conditions.
SEC. 2603.
[25 U.S.C. 3503]

INDIAN TRIBAL ENERGY RESOURCE REGULATION.
(a)

Grants.—
The Secretary may provide to Indian tribes, on an annual basis, grants for use in accordance with subsection (b).
(b)

Use of Funds.—
Funds from a grant provided under this section may be used—
(1)
(A)
by an Indian tribe for the development of a tribal energy resource inventory or tribal energy resource on Indian land;
(B)
by an Indian tribe for the development of a feasibility study or other report necessary to the development of energy resources on Indian land;
(C)
by an Indian tribe (other than an Indian Tribe in the State of Alaska, except the Metlakatla Indian Community) for—
(i)
the development and enforcement of tribal laws (including regulations) relating to tribal energy resource development; and
(ii)
the development of technical infrastructure to protect the environment under applicable law; or
(D)
by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under applicable law; and
(2)
by an Indian tribe for the training of employees that—
(A)
are engaged in the development of energy resources on Indian land; or
(B)
are responsible for protecting the environment.
(c)

Other Assistance.—
(1)
In carrying out the obligations of the United States under this title, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization shall have available scientific and technical information and expertise, for use in the regulation, development, and management of energy resources of the Indian tribe on Indian land.
(2)
The Secretary may carry out paragraph (1)—
(A)
directly, through the use of Federal officials; or
(B)
indirectly, by providing financial assistance to an Indian tribe or tribal energy development organization to secure independent assistance.
SEC. 2604.
[25 U.S.C. 3504]

LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.
(a)

Leases and Business Agreements.—
In accordance with this section—
(1)
an Indian tribe may, at the discretion of the Indian tribe, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for—
(A)
exploration for, extraction of, processing of, or other development of the energy mineral resources of the Indian tribe located on tribal land;
(B)
construction or operation of—
(i)
an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or
(ii)
a facility to process or refine energy resources, at least a portion of which have been developed on or produced from tribal land; or
(C)
pooling, unitization, or com­mu­ni­ti­za­tion of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner, or, if appropriate, lessee, of the resources has consented or consents to the pooling, unitization, or com­mu­ni­ti­za­tion of the other resources under any lease or agreement; and
(2)
a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81), or any other provision of law (including regulations), if the lease or business agreement—
(A)
was executed—
(i)
in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or
(ii)
by the Indian tribe and a tribal energy development organization for which the Indian tribe has obtained a certification pursuant to subsection (h); and
(B)
has a term that does not exceed—
(i)
30 years; or
(ii)
in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities.
(b)

Rights-of-Way.—
An Indian tribe may grant a right-of-way over tribal land without review or approval by the Secretary if the right-of-way—
(1)
serves—
(A)
an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land;
(B)
a facility located on tribal land that extracts, produces, processes, or refines energy resources; or
(C)
the purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resource development on tribal land;
(2)
was executed—
(A)
in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or
(B)
by the Indian tribe and a tribal energy development organization for which the Indian tribe has obtained a certification pursuant to subsection (h); and
(3)
has a term that does not exceed 30 years.
(c)

Renewals.—
A lease or business agreement entered into, or a right-of-way granted, by an Indian tribe under this section may be renewed at the discretion of the Indian tribe in accordance with this section.
(d)

Validity.—
No lease or business agreement entered into, or right-of-way granted, pursuant to this section shall be valid unless the lease, business agreement, or right-of-way is authorized by subsection (a) or (b).
(e)

Tribal Energy Resource Agreements.—
(1)

In general.—
(A)

Authorization.—
On or after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, a qualified Indian tribe may submit to the Secretary a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section.
(B)

Notice of complete proposed agreement.—
Not later than 60 days after the date on which the tribal energy resource agreement is submitted under subparagraph (A), the Secretary shall—
(i)
notify the Indian tribe as to whether the agreement is complete or incomplete;
(ii)
if the agreement is incomplete, notify the Indian tribe of what information or documentation is needed to complete the submission; and
(iii)
identify and notify the Indian tribe of the financial assistance, if any, to be provided by the Secretary to the Indian tribe to assist in the implementation of the tribal energy resource agreement, including the environmental review of individual projects.
(C)

Effect.—
Nothing in this paragraph precludes the Secretary from providing any financial assistance at any time to the Indian tribe to assist in the implementation of the tribal energy resource agreement.
(2)

Procedure.—
(A)

Effective date.—
(i)

In general.—
On the date that is 271 days after the date on which the Secretary receives a tribal energy resource agreement from a qualified Indian tribe under paragraph (1), the tribal energy resource agreement shall take effect, unless the Secretary disapproves the tribal energy resource agreement under subparagraph (B).
(ii)

Revised tribal energy resource agreement.—
On the date that is 91 days after the date on which the Secretary receives a revised tribal energy resource agreement from a qualified Indian tribe under paragraph (4)(B), the revised tribal energy resource agreement shall take effect, unless the Secretary disapproves the revised tribal energy resource agreement under subparagraph (B).
(B)

Disapproval.—
The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if—
(i)
a provision of the tribal energy resource agreement violates applicable Federal law (including regulations) or a treaty applicable to the Indian tribe;
(ii)
the tribal energy resource agreement does not include one or more provisions required under subparagraph (D); or
(iii)
the tribal energy resource agreement does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies—
(I)
address amendments and renewals;
(II)
address the economic return to the Indian tribe under leases, business agreements, and rights-of-way;
(III)
establish requirements for environmental review in accordance with subparagraph (C);
(IV)
ensure compliance with all applicable environmental laws, including a requirement that each lease, business agreement, and right-of-way state that the lessee, operator, or right-of-way grantee shall comply with all such laws;
(V)
provide for public notification of final approvals;
(VI)
establish a process for consultation with any affected States regarding off-reservation impacts, if any, identified under subparagraph (C)(i);
(VII)
describe the remedies for breach of the lease, business agreement, or right-of-way;
(VIII)
require each lease, business agreement, and right-of-way to include a statement that, if any of its provisions violates an express term or requirement of the tribal energy resource agreement pursuant to which the lease, business agreement, or right-of-way was executed—
- (aa)
the provision shall be null and void; and
- (bb)
if the Secretary determines the provision to be material, the Secretary may suspend or rescind the lease, business agreement, or right-of-way or take other appropriate action that the Secretary determines to be in the best interest of the Indian tribe;
(IX)
require each lease, business agreement, and right-of-way to provide that it will become effective on the date on which a copy of the executed lease, business agreement, or right-of-way is delivered to the Secretary in accordance with regulations promulgated under paragraph (8);
(X)
include citations to tribal laws, regulations, or procedures, if any, that set out tribal remedies that must be exhausted before a petition may be submitted to the Secretary under paragraph (7)(B);
(XI)
in accordance with the regulations promulgated by the Secretary under paragraph (8), require that the Indian tribe, as soon as practicable after receipt of a notice by the Indian tribe, give written notice to the Secretary of—
- (aa)
any breach or other violation by another party of any provision in a lease, business agreement, or right-of-way entered into under the tribal energy resource agreement; and
- (bb)
any activity or occurrence under a lease, business agreement, or right-of-way that constitutes a violation of Federal environmental laws;
(XII)
include a certification by the Indian tribe that the Indian tribe has—
- (aa)
carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or
- (bb)
substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe; and
(XIII)
at the option of the Indian tribe, identify which functions, if any, authorizing any operational or development activities pursuant to a lease, right-of-way, or business agreement approved by the Indian tribe, that the Indian tribe intends to conduct.
(C)
Tribal energy resource agreements submitted under paragraph (1) shall establish, and include provisions to ensure compliance with, an environmental review process that, with respect to a lease, business agreement, or right-of-way under this section, provides for, at a minimum—
(i)
a process for ensuring that—
(I)
the public is informed of, and has reasonable opportunity to comment on, any significant environmental impacts of the proposed action; and
(II)
the Indian tribe provides responses to relevant and substantive public comments on any impacts described in subclause (I) before the Indian tribe approves the lease, business agreement, or right-of-way;
(ii)
a process for ensuring that—
(I)
the public is informed of, and has an opportunity to comment on, the environmental impacts of the proposed action; and
(II)
responses to relevant and substantive comments are provided, before tribal approval of the lease, business agreement, or right-of-way;
(iii)
sufficient administrative support and technical capability to carry out the environmental review process; and
(iv)
oversight by the Indian tribe of energy development activities by any other party under any lease, business agreement, or right-of-way entered into pursuant to the tribal energy resource agreement, to determine whether the activities are in compliance with the tribal energy resource agreement and applicable Federal environmental laws.
(D)
A tribal energy resource agreement between the Secretary and an Indian tribe under this subsection shall include—
(i)
provisions requiring the Secretary to conduct a periodic review and evaluation to monitor the performance of the activities of the Indian tribe associated with the development of energy resources under the tribal energy resource agreement; and
(ii)
if a periodic review and evaluation, or an investigation, by the Secretary of any breach or violation described in a notice provided by the Indian tribe to the Secretary in accordance with subparagraph (B)(iv)(XI), results in a finding by the Secretary of imminent jeopardy to a physical trust asset arising from a violation of the tribal energy resource agreement or applicable Federal laws, provisions authorizing the Secretary to take actions determined by the Secretary to be necessary to protect the asset, including reassumption of responsibility for activities associated with the development of energy resources on tribal land until the violation and any condition that caused the jeopardy are corrected.
(E)
Periodic review and evaluation under subparagraph (D) shall be conducted on an annual basis, except that, after the third annual review and evaluation, the Secretary and the Indian tribe may mutually agree to amend the tribal energy resource agreement to authorize the review and evaluation under subparagraph (D) to be conducted once every 2 years.
(F)

Effective period.—
A tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable Federal law (including regulations), unless the tribal energy resource agreement is—
(i)
rescinded by the Secretary pursuant to paragraph (7)(D)(iii)(II); or
(ii)
voluntarily rescinded by the Indian tribe pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations).
(3)

Notice and comment; secretarial review.—
The Secretary shall provide notice and opportunity for public comment on tribal energy resource agreements submitted under paragraph (1). The Secretary’s review of a tribal energy resource agreement shall be limited to activities specified by the provisions of the tribal energy resource agreement.
(4)

Action in case of disapproval.—
If the Secretary disapproves a tribal energy resource agreement submitted by an Indian tribe under paragraph (1), the Secretary shall, not later than 10 days after the date of disapproval, provide the Indian tribe with—
(A)
a detailed, written explanation of—
(i)
each reason for the disapproval; and
(ii)
the revisions or changes to the tribal energy resource agreement necessary to address each reason; and
(B)
an opportunity to revise and resubmit the tribal energy resource agreement.
(5)

Provision of documents to secretary.—
If an Indian tribe executes a lease or business agreement, or grants a right-of-way, in accordance with a tribal energy resource agreement in effect under this subsection, the Indian tribe shall, in accordance with the process and requirements under regulations promulgated under paragraph (8), provide to the Secretary—
(A)
a copy of the lease, business agreement, or right-of-way document (including all amendments to and renewals of the document); and
(B)
in the case of a tribal energy resource agreement or a lease, business agreement, or right-of-way that permits payments to be made directly to the Indian tribe, information and documentation of those payments sufficient to enable the Secretary to discharge the trust responsibility of the United States to enforce the terms of, and protect the rights of the Indian tribe under, the lease, business agreement, or right-of-way.
(6)

Secretarial obligations and effect of section.—
(A)
In carrying out this section, the Secretary shall—
(i)
act in accordance with the trust responsibility of the United States relating to mineral and other trust resources; and
(ii)
act in good faith and in the best interests of the Indian tribes.
(B)
Subject only to the provisions of subsections (a)(2), (b), and (c) waiving the requirement of Secretarial approval of leases, business agreements, and rights-of-way executed pursuant to tribal energy resource agreements in effect under this section, and the provisions of subparagraphs (C) and (D), nothing in this section shall absolve the United States from any responsibility to Indians or Indian tribes, including, but not limited to, those which derive from the trust relationship or from any treaties, statutes, and other laws of the United States, Executive orders, or agreements between the United States and any Indian tribe.
(C)
The Secretary shall continue to fulfill the trust obligation of the United States to perform the obligations of the Secretary under this section and to ensure that the rights and interests of an Indian tribe are protected if—
(i)
any other party to a lease, business agreement, or right-of-way violates any applicable Federal law or the terms of any lease, business agreement, or right-of-way under this section; or
(ii)
any provision in a lease, business agreement, or right-of-way violates the tribal energy resource agreement pursuant to which the lease, business agreement, or right-of-way was executed.
(D)
(i)
In this subparagraph, the term “negotiated term” means any term or provision that is negotiated by an Indian tribe and any other party to a lease, business agreement, or right-of-way entered into pursuant to a tribal energy resource agreement in effect under this section.
(ii)
Notwithstanding subparagraph (B), the United States shall not be liable to any party (including any Indian tribe) for any negotiated term of, or any loss resulting from the negotiated terms of, a lease, business agreement, or right-of-way executed pursuant to and in accordance with a tribal energy resource agreement in effect under paragraph (2).
(iii)13
Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any—
(I)
term of any lease, business agreement, or right-of-way under this section that is not a negotiated term; or
(II)
losses that are not the result of a negotiated term, including losses resulting from the failure of the Secretary to perform an obligation of the Secretary under this section.
^{13}
Margin so in law.
(7)

Petitions by interested parties.—
(A)
In this paragraph, the term “interested party” means any person (including an entity) that the Secretary determines has demonstrated with substantial evidence that an interest of the person has sustained, or will sustain, an adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe in effect under paragraph (2).
(B)
After exhaustion of all remedies (if any) provided under the laws of the Indian tribe, and in accordance with regulations promulgated by the Secretary under paragraph (8), an interested party may submit to the Secretary a petition to review the compliance by an Indian tribe with a tribal energy resource agreement of the Indian tribe in effect under paragraph (2).
(C)
(i)
Not later than 20 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall—
(I)
provide to the Indian tribe a copy of the petition; and
(II)
consult with the Indian tribe regarding any noncompliance alleged in the petition.
(ii)
Not later than 45 days after the date on which a consultation under clause (i)(II) takes place, the Indian tribe shall respond to any claim made in a petition under subparagraph (B).
(iii)
The Secretary shall act in accordance with subparagraphs (D) and (E) only if the Indian tribe—
(I)
denies, or fails to respond to, each claim made in the petition within the period described in clause (ii); or
(II)
fails, refuses, or is unable to cure or otherwise resolve each claim made in the petition within a reasonable period, as determined by the Secretary, after the expiration of the period described in clause (ii).
(D)
(i)
Not later than 120 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall determine—
(I)
whether the petitioner is an interested party; and
(II)
if the petitioner is an interested party, whether the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition.
(ii)
The Secretary may adopt procedures under paragraph (8) authorizing an extension of time, not to exceed 120 days, for making the determinations under clause (i) in any case in which the Secretary determines that additional time is necessary to evaluate the allegations of the petition.
(iii)
Subject to subparagraph (E), if the Secretary determines that the Indian tribe is not in compliance with the tribal energy resource agreement pursuant to clause (i), the Secretary shall only take such action as the Secretary determines necessary to address the claims of noncompliance made in the petition, including—
(I)
temporarily suspending any activity under a lease, business agreement, or right-of-way under this section until the Indian tribe is in compliance with the tribal energy resource agreement; or
(II)
rescinding all or part of the tribal energy resource agreement, and if all of the agreement is rescinded, reassuming the responsibility for approval of any future leases, business agreements, or rights-of-way described in subsection (a)(2)(A)(i) or (b)(2)(A).
(E)
Before taking an action described in subparagraph (D)(iii), the Secretary shall—
(i)
make a written determination that describes , with respect to each claim made in the petition, how the tribal energy resource agreement has been violated;
(ii)
provide the Indian tribe with a written notice of the violations together with the written determination; and
(iii)
before taking any action described in subparagraph (D)(iii) or seeking any other remedy, provide the Indian tribe with a hearing and a reasonable opportunity to attain compliance with the tribal energy resource agreement.
(F)
An Indian tribe described in subparagraph (E) shall retain all rights to appeal under any regulation promulgated by the Secretary.
(G)
Notwithstanding any other provision of this paragraph, the Secretary shall dismiss any petition from an interested party that has agreed with the Indian tribe to a resolution of the claims presented in the petition of that party.
(8)
Not later than 1 year after the date of enactment of the Energy Policy Act of 2005, the Secretary shall promulgate regulations that implement this subsection, including—
(A)
a process and requirements in accordance with which an Indian tribe may—
(i)
voluntarily rescind a tribal energy resource agreement approved by the Secretary under this subsection;
(ii)
return to the Secretary the responsibility to approve any future lease, business agreement, or right-of-way under this subsection; and
(iii)
amend an approved tribal energy resource agreement to assume authority for approving leases, business agreements, or rights-of-way for development of another energy resource that is not included in an approved tribal energy resource agreement without being required to apply for a new tribal energy resource agreement;
(B)
provisions establishing the scope of, and procedures for, the periodic review and evaluation described in subparagraphs (D) and (E) of paragraph (2), including provisions for review of transactions, reports, site inspections, and any other review activities the Secretary determines to be appropriate; and
(C)
provisions describing final agency actions after exhaustion of administrative appeals from determinations of the Secretary under paragraph (7).
(9)

Effect.—
Nothing in this section authorizes the Secretary to deny a tribal energy resource agreement or any amendment to a tribal energy resource agreement, or to limit the effect or implementation of this section, due to lack of promulgated regulations.
(f)

No Effect on Other Law.—
Nothing in this section affects the application of—
(1)
any Federal environmental law;
(2)
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); or
(3)
except as otherwise provided in this title, the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.).
(g)

Financial Assistance in Lieu of Activities by the Secretary.—
(1)

In general.—
Any amounts that the Secretary would otherwise expend to operate or carry out any program, function, service, or activity (or any portion of a program, function, service, or activity) of the Department that, as a result of an Indian tribe carrying out activities under a tribal energy resource agreement, the Secretary does not expend, the Secretary shall, at the request of the Indian tribe, make available to the Indian tribe in accordance with this subsection.
(2)

Annual funding agreements.—
The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement.
(3)

Effect of appropriations.—
Notwithstanding paragraph (1)—
(A)
the provision of amounts to an Indian tribe under this subsection is subject to the availability of appropriations; and
(B)
the Secretary shall not be required to reduce amounts for programs, functions, services, or activities that serve any other Indian tribe to make amounts available to an Indian tribe under this subsection.
(4)

Determination.—
(A)

In general.—
The Secretary shall calculate the amounts under paragraph (1) in accordance with the regulations adopted under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017.
(B)

Applicability.—
The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by—
(i)
a delay in the promulgation of regulations under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017;
(ii)
the period of time needed by the Secretary to make the calculation required under paragraph (1); or
(iii)
the adoption of a funding agreement under paragraph (2).
(h)

Certification of Tribal Energy Development Organization.—
(1)

In general.—
Not later than 90 days after the date on which an Indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall approve or disapprove the application.
(2)

Requirements.—
The Secretary shall approve an application for certification if—
(A)
(i)
the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and
(ii)
for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact—
(I)
has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period); and
(II)
has included programs or activities relating to the management of tribal land; and
(B)
(i)
the tribal energy development organization is organized under the laws of the Indian tribe;
(ii)
(I)
the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and one or more other Indian tribes) the tribal land of which is being developed; and
(II)
the organizing document of the tribal energy development organization requires that the Indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization;
(iii)
the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and one or more other Indian tribes) the tribal land of which is being developed own and control at all times a majority of the interest in the tribal energy development organization; and
(iv)
the organizing document of the tribal energy development organization includes a statement that the organization shall be subject to the jurisdiction, laws, and authority of the Indian tribe.
(3)

Action by secretary.—
If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination—
(A)
issue a certification stating that—
(i)
the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction, laws, and authority of the Indian tribe;
(ii)
the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and one or more other Indian tribes) the tribal land of which is being developed;
(iii)
the organizing document of the tribal energy development organization requires that the Indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization;
(iv)
the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and one or more other Indian tribes the tribal land of which is being developed) own and control at all times a majority of the interest in the tribal energy development organization; and
(v)
the certification is issued pursuant this subsection;
(B)
deliver a copy of the certification to the Indian tribe; and
(C)
publish the certification in the Federal Register.
(i)

Sovereign Immunity.—
Nothing in this section waives the sovereign immunity of an Indian tribe.
(j)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary such sums as are necessary for each of fiscal years 2006 through 2016 to carry out this section and to make grants or provide other appropriate assistance to Indian tribes to assist the Indian tribes in developing and implementing tribal energy resource agreements in accordance with this section.
SEC. 2605.
[25 U.S.C. 3505]

FEDERAL POWER MARKETING ADMINISTRATIONS.
(a)

Definitions.—
In this section:
(1)
The term “Administrator” means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.
(2)
The term “power marketing administration” means—
(A)
the Bonneville Power Administration;
(B)
the Western Area Power Administration; and
(C)
any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration.
(b)

Encouragement of Indian Tribal Energy Development.—
Each Administrator shall encourage Indian tribal energy development by taking such actions as the Administrators determine to be appropriate, including administration of programs of the power marketing administration, in accordance with this section.
(c)

Action by Administrators.—
In carrying out this section, in accordance with laws in existence on the date of enactment of the Energy Policy Act of 2005—
(1)
each Administrator shall consider the unique relationship that exists between the United States and Indian tribes;
(2)
power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land;
(3)
the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and
(4)
each Administrator shall not—
(A)
pay more than the prevailing market price for an energy product; or
(B)
obtain less than prevailing market terms and conditions.
(d)

Assistance for Transmission System Use.—
(1)
An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power.
(2)
The costs of technical assistance provided under paragraph (1) shall be funded—
(A)
by the Secretary of Energy using nonreimbursable funds appropriated for that purpose; or
(B)
by any appropriate Indian tribe.
(e)

Power Allocation Study.—
Not later than 2 years after the date of enactment of the Energy Policy Act of 2005, the Secretary of Energy shall submit to Congress a report that—
(1)
describes the use by Indian tribes of Federal power allocations of the power marketing administration (or power sold by the Southwestern Power Administration) to or for the benefit of Indian tribes in a service area of the power marketing administration; and
(2)
identifies—
(A)
the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration;
(B)
the quantity of power sold to Indian tribes by any other power marketing administration; and
(C)
barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section $750,000, non-reimbursable, to remain available until expended.
SEC. 2606.
[25 U.S.C. 3506]

WIND AND HYDROPOWER FEASIBILITY STUDY.
(a)

Study.—
The Secretary of Energy, in coordination with the Secretary of the Army and the Secretary, shall conduct a study of the cost and feasibility of developing a demonstration project that uses wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers on the Missouri River to supply firming power to the Western Area Power Administration.
(b)

Scope of Study.—
The study shall—
(1)
determine the economic and engineering feasibility of blending wind energy and hydropower generated from the Missouri River dams operated by the Army Corps of Engineers, including an assessment of the costs and benefits of blending wind energy and hydropower compared to current sources used for firming power to the Western Area Power Administration;
(2)
review historical and projected requirements for, patterns of availability and use of, and reasons for historical patterns concerning the availability of firming power;
(3)
assess the wind energy resource potential on tribal land and projected cost savings through a blend of wind and hydropower over a 30-year period;
(4)
determine seasonal capacity needs and associated transmission upgrades for integration of tribal wind generation and identify costs associated with these activities;
(5)
include an independent tribal engineer and a Western Area Power Administration customer representative as study team members; and
(6)
incorporate, to the extent appropriate, the results of the Dakotas Wind Transmission study prepared by the Western Area Power Administration.
(c)

Report.—
Not later than 1 year after the date of enactment of the Energy Policy Act of 2005, the Secretary of Energy, the Secretary, and the Secretary of the Army shall submit to Congress a report that describes the results of the study, including—
(1)
an analysis and comparison of the potential energy cost or benefits to the customers of the Western Area Power Administration through the use of combined wind and hydropower;
(2)
an economic and engineering evaluation of whether a combined wind and hydropower system can reduce reservoir fluctuation, enhance efficient and reliable energy production, and provide Missouri River management flexibility;
(3)
if found feasible, recommendations for a demonstration project to be carried out by the Western Area Power Administration, in partnership with an Indian tribal government or tribal energy development organization, and Western Area Power Administration customers to demonstrate the feasibility and potential of using wind energy produced on Indian land to supply firming energy to the Western Area Power Administration; and
(4)
an identification of—
(A)
the economic and environmental costs of, or benefits to be realized through, a Federal-tribal-customer partnership; and
(B)
the manner in which a Federal-tribal-customer partnership could contribute to the energy security of the United States.
(d)

Funding.—
(1)

Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended.
(2)

Nonreimbursability.—
Costs incurred by the Secretary in carrying out this section shall be nonreimbursable.
SEC. 2607.
[25 U.S.C. 3507]

APPRAISALS.
(a)

In General.—
For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by—
(1)
the Secretary;
(2)
the affected Indian tribe; or
(3)
a certified, third-party appraiser pursuant to a contract with the Indian tribe.
(b)

Secretarial Review and Approval.—
Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall—
(1)
review the appraisal; and
(2)
approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).
(c)

Notice of Disapproval.—
If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of—
(1)
each reason for the disapproval; and
(2)
how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d).
(d)

Regulations.—
The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a).
* * * * * * *
TITLE XXIX—

ADDITIONAL NUCLEAR ENERGY PROVISIONS
* * * * * * *
SEC. 2904.

STUDY AND IMPLEMENTATION PLAN ON SAFETY OF SHIPMENTS OF PLUTONIUM BY SEA.
(a)

Study.—
The President, in consultation with the Nuclear Regulatory Commission, shall conduct a study on the safety of shipments of plutonium by sea. The study shall consider the following:
(1)
The safety of the casks containing the plutonium.
(2)
The safety risks to the States of such shipments.
(3)
Upon the request of any State, the adequacy of that State's emergency plans with respect to such shipments.
(4)
The Federal resources needed to assist the States on account of such shipments.
(b)

Report.—
The President shall, not later than 60 days after the date of the enactment of this Act, transmit to the Congress a report on the study conducted under subsection (a), together with his recommendations based on the study.
(c)

Implementation Plan.—
The President, in consultation with the Nuclear Regulatory Commission, shall establish a plan to implement the recommendations contained in the study conducted under subsection (a) and shall, not later than 90 days after transmitting the report to the Congress under subsection (b), transmit to the Congress that implementation plan.
(d)

Definition.—
As used in this section, the term “State” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
* * * * * * *
TITLE XXX—

MISCELLANEOUS
* * * * * * *
Subtitle B—

Other Miscellaneous Provisions
* * * * * * *
SEC. 3013.

GEOTHERMAL HEAT PUMPS.
The Secretary shall—
(1)
encourage States, municipalities, counties, and townships to consider allowing the installation of geothermal heat pumps, and, where applicable, and consistent with public health and safety, to permit public and private water recipients to utilize the flow of water from, and back into, public and private water mains for the purpose of providing sufficient water supply for the operation of residential and commercial geothermal heat pumps; and
(2)
not discourage any local authority which allows the use of geothermal heat pumps from—
(A)
inspecting, at any reasonable time, geothermal heat pump connections to the water system to ensure the exclusive use of the public or private water supply to the geothermal heat pump system; and
(B)
requiring that geothermal heat pump systems be designed and installed in a manner that eliminates any risk of contamination to the public water supply.
[42 U.S.C. 13551]
SEC. 3014.

USE OF ENERGY FUTURES FOR FUEL PURCHASES.
(a)

Fuel Study.—
The Secretary shall conduct a study—
(1)
to ascertain if the use of energy futures and options contracts could provide cost-effective protection for Government entities (including Government purchases for military purposes and for the Strategic Petroleum Reserve) and consumer cooperatives (or any organization whose purpose is to purchase fuel in bulk) from unanticipated surges in the price of fuel; and
(2)
to ascertain how such Government entities or consumer cooperatives may be educated in the prudent use of energy futures and options contracts to maximize their purchasing effectiveness, protect themselves against unanticipated surges in the price of fuel, and minimize fuel costs.
(b)

Pilot Program.—
The Secretary shall conduct a pilot program, commencing not later than 30 days after the transmission of the study required in subsection (b), to educate such governmental entities, consumer cooperatives, or other organizations on the prudent and cost-effective use of energy futures and options contracts to increase their protection against unanticipated surges in the price of fuel and thereby increase the efficiency of their fuel purchase or assistance programs.
(c)

Authorization.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
[42 U.S.C. 13552]
SEC. 3015.

ENERGY SUBSIDY STUDY.
(a)

In General.—
The Secretary shall contract with the National Academy of Sciences to conduct a study of energy subsidies that—
(1)
are in effect on the date of the enactment of this Act; or
(2)
have been in effect prior to the date of the enactment of this Act.
(b)

Report to Congress.—
Not later than 18 months after the date of the enactment of this Act, the Secretary shall transmit to the Congress, the results of such study to be accompanied by recommendations for legislation, if any.
(c)

Contents.—
(1)

In general.—
The study shall identify and quantify the direct and indirect subsidies and other legal and institutional factors that influence decisions in the marketplace concerning fuels and energy technologies.
(2)

Topics for examination.—
The study shall examine—
(A)
fuel and technology choices that are—
(i)
available on the date of the enactment of this Act; or
(ii)
reasonably foreseeable on the date of the enactment of this Act;
(B)
production subsidies for the extraction of raw materials;
(C)
subsidies encouraging investment in large capital projects;
(D)
indemnification;
(E)
fuel cycle subsidies, including waste disposal;
(F)
government research and development support; and
(G)
other relevant incentives and disincentives.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section $500,000 for each of the fiscal years 1993 and 1994.
[42 U.S.C. 13553]
SEC. 3016.

TAR SANDS.
(a)

Policy.—
It is the policy of the United States to promote the development and production, by all means consistent with sound engineering, economic, and environmental practices, of deposits of tar sands.
(b)

Definition.—
(1)
For purposes of this section, the term “tar sands” means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either—
(A)
contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise; or
(B)
contains a hydrocarbonaceous material and is produced by mining or quarrying.
(2)
Nothing in this section is intended or shall be construed to affect in any way the definition of the term tar sands under any other provision of Federal law.
(c)

Study.—
The Secretary, in consultation with the Secretary of the Interior, shall submit a study to the House of Representatives and the Committee on Energy and Natural Resources of the Senate within one year after the date of enactment of this Act. Such study shall identify and evaluate the development potential of sources of tar sands in the United States. The study shall also identify and evaluate processes for extracting oil from the identified tar sand sources, including existing tar sands waste tailings, and evaluate the environmental benefits of, and the potential for co-production of minerals and metals from, such processes.
(d)

Authorization.—
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 and 1994 to carry out this section.
[42 U.S.C. 13554]
* * * * * * *
SEC. 3019.

STRATEGIC DIVERSIFICATION.
The Office of Barter within the United States Department of Commerce and the Interagency Group on Countertrade shall within six months from the date of enactment report to the President and the Congress on the feasibility of using barter, countertrade and other self-liquidating finance methods to facilitate the strategic diversification of United States oil imports through cooperation with the former Soviet Union in the development of its energy resources. The report shall consider among other relevant topics the feasibility of trading American grown food for Soviet produced oil, minerals or energy.
[42 U.S.C. 13551]
SEC. 3020.

CONSULTATIVE COMMISSION ON WESTERN HEMISPHERE ENERGY AND ENVIRONMENT.
(a)

Findings.—
The Congress finds that—
(1)
there is growing mutual economic interdependence among the countries of the Western Hemisphere;
(2)
energy and environmental issues are intrinsically linked and must be considered together when formulating policy on the broader issue of sustainable economic development for the Western Hemisphere as a whole;
(3)
when developing their respective energy infrastructures, countries in the Western Hemisphere must consider existing and emerging environmental constraints, and do so in a way that results in sustainable long-term economic growth;
(4)
the coordination of respective national energy and environmental policies of the governments of the Western Hemisphere could be substantially improved through regular consultation among these countries;
(5)
the development, production and consumption of energy can affect environmental quality, and the environmental consequences of energy-related activities are not confined within national boundaries, but are regional and global in scope;
(6)
although the Western Hemisphere is richly endowed with indigenous energy resources, an insufficient energy supply would severely constrain future opportunities for sustainable economic development and growth in each of these member countries; and
(7)
the energy markets of the United States are linked with those in other countries of the Western Hemisphere and the world.
(b)

Definition.—
For purposes of this section, the term “Commission” means the Consultative Commission on Western Hemisphere Energy and Environment.
(c)

Negotiations.—
The President is authorized to direct the United States representative to the Organization of American States to initiate negotiations with the Organization of American States for the establishment of a Consultative Commission on Western Hemisphere Energy and Environment under the auspices of the Organization of American States.
(d)

The Commission.—
In the course of the negotiations, the following shall be pursued:
(1)

Objectives.—
The objectives of the Commission shall be—
(A)
to evaluate from the viewpoint of the Western Hemisphere as a whole the energy and environmental situations, trends, and policies of the countries of the participating governments necessary to support sustainable economic development;
(B)
to recommend to the participating governments actions, policies, and institutional arrangements that will enhance cooperation and policy coordination among their respective countries in the future development and use of indigenous energy resources and technologies, and in the future development and implementation of measures to protect the environment of the Western Hemisphere; and
(C)
to recommend to the participating governments actions and policies that will enhance energy and environmental cooperation and coordination among the countries of the Western Hemisphere and the world.
(2)

Composition of the commission.—
The Commission shall include representatives of—
(A)
the respective foreign energy and environmental ministries or departments of the participating governments;
(B)
the parliamentary or legislative bodies with legislative responsibilities for energy and environmental matters; and
(C)
other governmental and non-governmental observers appointed by the heads of each participating government on the basis of their experience and expertise.
(3)

Secretariat.—
A small secretariat shall be chosen by the participating governments for their expertise in the areas of energy and the environment.
(4)

Sunset provision.—
The Commission's authority—
(A)
shall terminate five years from the date of the agreement under which it was created; and
(B)
may be extended for a five-year term at the expiration of the previous term by agreement of the participating governments.
(e)

Report.—
The President shall, within one year after the date of enactment of this Act, report to the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives, and to the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate, on the progress toward the establishment of the Commission and achievement of the purposes of this section.
[42 U.S.C. 13555]
SEC. 3021.

DISADVANTAGED BUSINESS ENTERPRISES.
(a)

General Rule.—
To the extent practicable, the head of each agency shall provide that the obligation of not less than 10 percent of the total combined amounts obligated for contracts and subcontracts by each agency under this Act and amendments made by this Act pursuant to competitive procedures within the meaning of either the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), or chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code), United States Code, shall be expended either with—
(1)
small business concerns controlled by socially and economically disadvantaged individuals or women;
(2)
historically Black colleges and universities;
(3)
colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans; or
(4)
qualified HUBZone small business concerns.
(b)

Definitions.—
For purposes of this section, the following definitions shall apply:
(1)
The term “small business concern” has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632). However, for purposes of contracts and subcontracts requiring engineering services the applicable size standard shall be that established for military and aerospace equipment and military weapons.
(2)
The term “socially and economically disadvantaged individuals” has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto.
(3)
The term “qualified HUBZone small business concern” has the meaning given that term in section 3(p) of the Small Business Act (15 U.S.C. 632(o)).
[42 U.S.C. 13556]
TITLE XXXI—

CLEAN AIR COAL PROGRAM
SEC. 3101.

PURPOSES.
The purposes of this title are to—
(1)
promote national energy policy and energy security, diversity, and economic competitiveness benefits that result from the increased use of coal;
(2)
mitigate financial risks, reduce the cost of clean coal generation, and increase the marketplace acceptance of clean coal generation and pollution control equipment and processes; and
(3)
facilitate the environmental performance of clean coal generation.
[42 U.S.C. 13571]
SEC. 3102.

AUTHORIZATION OF PROGRAM.
(a)

In General.—
The Secretary shall carry out a program of financial assistance to—
(1)
facilitate the production and generation of coal-based power, through the deployment of clean coal electric generating equipment and processes that, compared to equipment or processes that are in operation on a full scale—
(A)
improve—
(i)
energy efficiency; or
(ii)
environmental performance consistent with relevant Federal and State clean air requirements, including those promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); and
(B)
are not yet cost competitive; and
(2)
facilitate the utilization of existing coal-based electricity generation plants through projects that—
(A)
deploy advanced air pollution control equipment and processes; and
(B)
are designed to voluntarily enhance environmental performance above current applicable obligations under the Clean Air Act and State implementation efforts pursuant to such Act.
(b)

Financial Criteria.—
As determined by the Secretary for a particular project, financial assistance under this title shall be in the form of—
(1)
cost-sharing of an appropriate percentage of the total project cost, not to exceed 50 percent as calculated under section 988 of the Energy Policy Act of 2005; or
(2)
financial assistance, including grants, cooperative agreements, or loans as authorized under this Act or other statutory authority of the Secretary.
[42 U.S.C. 13572]
SEC. 3103.

GENERATION PROJECTS.
(a)

Eligible Projects.—
Projects supported under section 3102(a)(1) may include—
(1)
equipment or processes previously supported by a Department of Energy program;
(2)
advanced combustion equipment and processes that the Secretary determines will be cost-effective and could substantially contribute to meeting environmental or energy needs, including gasification, gasification fuel cells, gasification coproduction, oxidation combustion techniques, ultra-supercritical boilers, and chemical looping; and
(3)
hybrid gasification/combustion systems, including systems integrating fuel cells with gasification or combustion units.
(b)

Criteria.—
The Secretary shall establish criteria for the selection of generation projects under section 3102(a)(1). The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. The selection criteria shall include—
(1)
prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas;
(2)
prioritization of projects whose installation is likely to result in lower emission rates of pollution;
(3)
prioritization of projects that result in the repowering or replacement of older, less efficient units;
(4)
documented broad interest in the procurement of the equipment and utilization of the processes used in the projects by owners or operators of facilities for electricity generation;
(5)
equipment and processes beginning in 2006 through 2011 that are projected to achieve a thermal efficiency of—
(A)
40 percent for coal of more than 9,000 Btu per pound based on higher heating values;
(B)
38 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and
(C)
36 percent for coal of less than 7,000 Btu per pound based on higher heating values;
except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; and
(6)
equipment and processes beginning in 2012 and 2013 that are projected to achieve a thermal efficiency of—
(A)
45 percent for coal of more than 9,000 Btu per pound based on higher heating values;
(B)
44 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and
(C)
40 percent for coal of less than 7,000 Btu per pound based on higher heating values;
except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph.
(c)

Program Balance and Priority.—
In carrying out the program under section 3102(a)(1), the Secretary shall ensure, to the extent practicable, that—
(1)
between 25 percent and 75 percent of the projects supported are for the sole purpose of electrical generation; and
(2)
priority is given to projects that use electrical generation equipment and processes that have been developed and demonstrated and applied in actual production of electricity, but are not yet cost-competitive, and that achieve greater efficiency and environmental performance.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary to carry out section 3102(a)(1)—
(1)
$250,000,000 for fiscal year 2007;
(2)
$350,000,000 for fiscal year 2008;
(3)
$400,000,000 for each of fiscal years 2009 through 2012; and
(4)
$300,000,000 for fiscal year 2013.
(e)

Applicability.—
No technology, or level of emission reduction, shall be treated as adequately demonstrated for purpose of section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under section 3102(a)(1).
[42 U.S.C. 13573]
SEC. 3104.

AIR QUALITY ENHANCEMENT PROGRAM.
(a)

Eligible Projects.—
Projects supported under section 3102(a)(2) shall—
(1)
utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501); or
(2)
utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance.
(b)

Priority in Project Selection.—
In making an award under section 3102(a)(2), the Secretary shall give priority to—
(1)
projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions;
(2)
projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and
(3)
projects designed to allow the use of the waste byproducts or other byproducts of the equipment.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary to carry out section 3102(a)(2)—
(1)
$300,000,000 for fiscal year 2007;
(2)
$100,000,000 for fiscal year 2008;
(3)
$40,000,000 for fiscal year 2009;
(4)
$30,000,000 for fiscal year 2010; and
(5)
$30,000,000 for fiscal year 2011.
(7)

Petitions by interested parties.—
(A)
In this paragraph, the term “interested party” means any person (including an entity) that the Secretary determines has demonstrated with substantial evidence that an interest of the person has sustained, or will sustain, an adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe in effect under paragraph (2).
(d)

Applicability.—
No technology, or level of emission reduction under subsection (a)(2) shall be treated as adequately demonstrated for purpose of Section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under section 3102(a)(2).
[42 U.S.C. 13574]
* * * * * * *