[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[House]
[Pages 15476-15500]
[From the U.S. Government Publishing Office, www.gpo.gov]



     SEC. 126. USE OF INTERVAL DATA IN FEDERAL BUILDINGS.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended by adding at the end the 
     following new subsection:
       ``(h) Use of Interval Data in Federal Buildings.--Not later 
     than January 1, 2003, each agency shall utilize, to the 
     maximum extent practicable, for the purposes of efficient use 
     of energy and reduction in the cost of electricity consumed 
     in its Federal buildings, interval consumption data that 
     measure on a real time or daily basis consumption of 
     electricity in its Federal buildings. To meet the 
     requirements of this subsection each agency shall prepare and 
     submit at the earliest opportunity pursuant to section 548(a) 
     to the Secretary, a plan describing how the agency intends to 
     meet such requirements, including how it will designate 
     personnel primarily responsible for achieving such 
     requirements, and otherwise implement this subsection.''.

     SEC. 127. REVIEW OF ENERGY SAVINGS PERFORMANCE CONTRACT 
                   PROGRAM.

       Within 180 days after the date of the enactment of this 
     Act, the Secretary of Energy shall complete a review of the 
     Energy Savings Performance Contract program to identify 
     statutory, regulatory, and administrative obstacles that 
     prevent Federal agencies from fully utilizing the program. In 
     addition, this review shall identify all areas for increasing 
     program flexibility and effectiveness, including audit and 
     measurement verification requirements, accounting for energy 
     use in determining savings, contracting requirements, and 
     energy efficiency services covered. The Secretary shall 
     report these findings to the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate, and shall implement 
     identified administrative and regulatory changes to increase 
     program flexibility and effectiveness to the extent that such 
     changes are consistent with statutory authority.

     SEC. 128. CAPITOL COMPLEX.

       (a) Energy Infrastructure.--The Architect of the Capitol, 
     building on the Master Plan Study completed in July 2000, 
     shall commission a study to evaluate the energy 
     infrastructure of the Capital Complex to determine how the 
     infrastructure could be augmented to become more energy 
     efficient, using unconventional and renewable energy 
     resources, in a way that would enable the Complex to have 
     reliable utility service in the event of power fluctuations, 
     shortages, or outages.
       (b) Authorization.--There is authorized to be appropriated 
     to the Architect of the Capitol to carry out this section, 
     not more than $2,000,000 for fiscal years after the enactment 
     of this Act.

                       Subtitle C--State Programs

     SEC. 131. AMENDMENTS TO STATE ENERGY PROGRAMS.

       (a) State Energy Conservation Plans.--Section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322) is 
     amended by inserting at the end the following new subsection:
       ``(g) The Secretary shall, at least once every three years, 
     invite the Governor of each State to review and, if 
     necessary, revise the energy conservation plan of such State 
     submitted under subsection (b) or (e). Such reviews should 
     consider the energy conservation plans of other States within 
     the region, and identify opportunities and actions carried 
     out in pursuit of common energy conservation goals.''.
       (b) State Energy Efficiency Goals.--Section 364 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6324) is 
     amended by inserting ``Each State energy conservation plan 
     with respect to which assistance is made available under this 
     part on or after the date of the enactment of Energy 
     Advancement and Conservation Act of 2001, shall contain a 
     goal, consisting of an improvement of 25 percent or more in 
     the efficiency of use of energy in the State concerned in the 
     calendar year 2010 as compared to the calendar year 1990, and 
     may contain interim goals.'' after ``contain interim 
     goals.''.
       (c) Authorization of Appropriations.--Section 365(f) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
     amended by striking ``for fiscal years 1999 through 2003 such 
     sums as may be necessary'' and inserting ``$75,000,000 for 
     fiscal year 2002, $100,000,000 for fiscal years 2003 and 
     2004, $125,000,000 for fiscal year 2005''.

     SEC. 132. REAUTHORIZATION OF ENERGY CONSERVATION PROGRAM FOR 
                   SCHOOLS AND HOSPITALS.

       Section 397 of the Energy Policy and Conservation Act (42 
     U.S.C. 6371f) is amended by striking ``2003'' and inserting 
     ``2010''.

     SEC. 133. AMENDMENTS TO WEATHERIZATION ASSISTANCE PROGRAM.

       Section 422 of the Energy Conservation and Production Act 
     (42 U.S.C. 6872) is amended by striking ``for fiscal years 
     1999 through 2003 such sums as may be necessary'' and 
     inserting ``$273,000,000 for fiscal year 2002, $325,000,000 
     for fiscal year 2003, $400,000,000 for fiscal year 2004, and 
     $500,000,000 for fiscal year 2005''.

     SEC. 134. LIHEAP.

       (a) Authorization of Appropriations.--Section 2602(b) of 
     the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
     8621(b)) is amended by striking the first sentence and 
     inserting the following: ``There are authorized to be 
     appropriated to carry out the provisions of this title (other 
     than section 2607A), $3,400,000,000 for each of fiscal years 
     2001 through 2005.''.
       (b) GAO Study.--The Comptroller General of the United 
     States shall conduct a study to determine--
       (1) the extent to which Low-Income Home Energy Assistance 
     (LIHEAP) and other government energy subsidies paid to 
     consumers discourage energy conservation and energy 
     efficiency investments; and
       (2) the extent to which the goals of conservation and 
     assistance for low income households could be simultaneously 
     achieved through cash income supplements that do not 
     specifically target energy, thereby maintaining incentives 
     for wise use of expensive forms of energy, or through other 
     means.

     SEC. 135. HIGH PERFORMANCE PUBLIC BUILDINGS.

       (a) Program Establishment and Administration.--
       (1) Establishment.--There is established in the Department 
     of Energy the High Performance Public Buildings Program (in 
     this section referred to as the ``Program'').
       (2) In general.--The Secretary of Energy may, through the 
     Program, make grants--
       (A) to assist units of local government in the production, 
     through construction or renovation of buildings and 
     facilities they own and operate, of high performance public 
     buildings and facilities that are healthful, productive, 
     energy efficient, and environmentally sound;
       (B) to State energy offices to administer the program of 
     assistance to units of local government pursuant to this 
     section; and
       (C) to State energy offices to promote participation by 
     units of local government in the Program.
       (3) Grants to assist units of local government.--Grants 
     under paragraph (2)(A) for new public buildings shall be used 
     to achieve energy efficiency performance that reduces energy 
     use at least 30 percent below that of a public building 
     constructed in compliance with standards prescribed in 
     Chapter 8 of the 2000 International Energy Conservation Code, 
     or a similar State code intended to achieve substantially 
     equivalent results. Grants under paragraph (2)(A) for 
     existing public buildings shall be used to achieve energy 
     efficiency performance that reduces energy use below the 
     public building baseline consumption, assuming a 3-year, 
     weather-normalized average for calculating such baseline. 
     Grants under paragraph (2)(A) shall be made to units of local 
     government that have--
       (A) demonstrated a need for such grants in order to respond 
     appropriately to increasing population or to make major 
     investments in renovation of public buildings; and
       (B) made a commitment to use the grant funds to develop 
     high performance public buildings in accordance with a plan 
     developed and approved pursuant to paragraph (5)(A).
       (4) Other grants.--
       (A) Grants for administration.--Grants under paragraph 
     (2)(B) shall be used to evaluate compliance by units of local 
     government with the requirements of this section, and in 
     addition may be used for--
       (i) distributing information and materials to clearly 
     define and promote the development of high performance public 
     buildings for both new and existing facilities;
       (ii) organizing and conducting programs for local 
     government personnel, architects, engineers, and others to 
     advance the concepts of high performance public buildings;
       (iii) obtaining technical services and assistance in 
     planning and designing high performance public buildings; and

[[Page 15477]]

       (iv) collecting and monitoring data and information 
     pertaining to the high performance public building projects.
       (B) Grants to promote participation.--Grants under 
     paragraph (2)(C) may be used for promotional and marketing 
     activities, including facilitating private and public 
     financing, promoting the use of energy service companies, 
     working with public building users, and communities, and 
     coordinating public benefit programs.
       (5) Implementation.--
       (A) Plans.--A grant under paragraph (2)(A) shall be 
     provided only to a unit of local government that, in 
     consultation with its State office of energy, has developed a 
     plan that the State energy office determines to be feasible 
     and appropriate in order to achieve the purposes for which 
     such grants are made.
       (B) Supplementing grant funds.--State energy offices shall 
     encourage qualifying units of local government to supplement 
     their grant funds with funds from other sources in the 
     implementation of their plans.
       (b) Allocation of Funds.--
       (1) In general.--Except as provided in paragraph (3), funds 
     appropriated to carry out this section shall be provided to 
     State energy offices.
       (2) Purposes.--Except as provided in paragraph (3), funds 
     appropriated to carry out this section shall be allocated as 
     follows:
       (A) Seventy percent shall be used to make grants under 
     subsection (a)(2)(A).
       (B) Fifteen percent shall be used to make grants under 
     subsection (a)(2)(B).
       (C) Fifteen percent shall be used to make grants under 
     subsection (a)(2)(C).
       (3) Other funds.--The Secretary of Energy may retain not to 
     exceed $300,000 per year from amounts appropriated under 
     subsection (c) to assist State energy offices in coordinating 
     and implementing the Program. Such funds may be used to 
     develop reference materials to further define the principles 
     and criteria to achieve high performance public buildings.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy to carry out 
     this section such sums as may be necessary for each of the 
     fiscal years 2002 through 2010.
       (d) Report to Congress.--The Secretary of Energy shall 
     conduct a biennial review of State actions implementing this 
     section, and the Secretary shall report to Congress on the 
     results of such reviews. In conducting such reviews, the 
     Secretary shall assess the effectiveness of the calculation 
     procedures used by the States in establishing eligibility of 
     units of local government for funding under this section, and 
     may assess other aspects of the State program to determine 
     whether they have been effectively implemented.
       (e) Definitions.--For purposes of this section:
       (1) High performance public building.--The term ``high 
     performance public building'' means a public building which, 
     in its design, construction, operation, and maintenance, 
     maximizes use of unconventional and renewable energy 
     resources and energy efficiency practices, is cost-effective 
     on a life cycle basis, uses affordable, environmentally 
     preferable, durable materials, enhances indoor environmental 
     quality, protects and conserves water, and optimizes site 
     potential.
       (2) Renewable energy.--The term ``renewable energy'' means 
     energy produced by solar, wind, geothermal, hydroelectric, or 
     biomass power.
       (3) Unconventional and renewable energy resources.--The 
     term ``unconventional and renewable energy resources'' means 
     renewable energy, hydrogen, fuel cells, cogeneration, 
     combined heat and power, heat recovery (including by use of a 
     Stirling heat engine), and distributed generation.

          Subtitle D--Energy Efficiency for Consumer Products

     SEC. 141. ENERGY STAR PROGRAM.

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

     ``SEC. 324A. ENERGY STAR PROGRAM.

       ``(a) In General.--There is established at the Department 
     of Energy and the Environmental Protection Agency a program 
     to identify and promote energy-efficient products and 
     buildings in order to reduce energy consumption, improve 
     energy security, and reduce pollution through labeling of 
     products and buildings that meet the highest energy 
     efficiency standards. Responsibilities under the program 
     shall be divided between the Department of Energy and the 
     Environmental Protection Agency consistent with the terms of 
     agreements between the two agencies. The Administrator and 
     the Secretary shall--
       ``(1) promote Energy Star compliant technologies as the 
     preferred technologies in the marketplace for achieving 
     energy efficiency and to reduce pollution;
       ``(2) work to enhance public awareness of the Energy Star 
     label; and
       ``(3) preserve the integrity of the Energy Star label.

     For the purposes of carrying out this section, there is 
     authorized to be appropriated for fiscal years 2002 through 
     2006 such sums as may be necessary, to remain available until 
     expended.
       ``(b) Study of Certain Products and Buildings.--Within 180 
     days after the date of enactment of this section, the 
     Secretary and the Administrator, consistent with the terms of 
     agreements between the two agencies (including existing 
     agreements with respect to which agency shall handle a 
     particular product or building), shall determine whether the 
     Energy Star label should be extended to additional products 
     and buildings, including the following:
       ``(1) Air cleaners.
       ``(2) Ceiling fans.
       ``(3) Light commercial heating and cooling products.
       ``(4) Reach-in refrigerators and freezers.
       ``(5) Telephony.
       ``(6) Vending machines.
       ``(7) Residential water heaters.
       ``(8) Refrigerated beverage merchandisers.
       ``(9) Commercial ice makers.
       ``(10) School buildings.
       ``(11) Retail buildings.
       ``(12) Health care facilities.
       ``(13) Homes.
       ``(14) Hotels and other commercial lodging facilities.
       ``(15) Restaurants and other food service facilities.
       ``(16) Solar water heaters.
       ``(17) Building-integrated photovoltaic systems.
       ``(18) Reflective pigment coatings.
       ``(19) Windows.
       ``(20) Boilers.
       ``(21) Devices to extend the life of motor vehicle oil.
       ``(c) Cool Roofing.--In determining whether the Energy Star 
     label should be extended to roofing products, the Secretary 
     and the Administrator shall work with the roofing products 
     industry to determine the appropriate solar reflective index 
     of roofing products.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Energy Policy and Conservation Act is amended by 
     inserting after the item relating to section 324 the 
     following new item:

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

     SEC. 142. LABELING OF ENERGY EFFICIENT APPLIANCES.

       (a) Study.--Section 324(e) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294(e)) is amended as follows:
       (1) By inserting ``(1)'' before ``The Secretary, in 
     consultation''.
       (2) By redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively.
       (3) By adding the following new paragraph at the end:
       ``(2) The Secretary shall make recommendations to the 
     Commission within 180 days of the date of enactment of this 
     paragraph regarding labeling of consumer products that are 
     not covered products in accordance with this section, where 
     such labeling is likely to assist consumers in making 
     purchasing decisions and is technologically and economically 
     feasible.''.
       (b) Noncovered Products.--Section 324(a)(2) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended 
     by adding the following at the end:
       ``(F) Not later than one year after the date of enactment 
     of this subparagraph, the Commission shall initiate a 
     rulemaking to prescribe labeling rules under this section 
     applicable to consumer products that are not covered products 
     if it determines that labeling of such products is likely to 
     assist consumers in making purchasing decisions and is 
     technologically and economically feasible.
       ``(G) Not later than three months after the date of 
     enactment of this subparagraph, the Commission shall initiate 
     a rulemaking to consider the effectiveness of the current 
     consumer products labeling program in assisting consumers in 
     making purchasing decisions and improving energy efficiency 
     and to consider changes to the label that would improve the 
     effectiveness of the label. Such rulemaking shall be 
     completed within 15 months of the date of enactment of this 
     subparagraph.''.

     SEC. 143. APPLIANCE STANDARDS.

       (a) Standards for Household Appliances in Standby Mode.--
     (1) Section 325 of the Energy Policy and Conservation Act (42 
     U.S.C. 6295) is amended by adding at the end the following:
       ``(u) Standby Mode Electric Energy Consumption by Household 
     Appliances.--(1) In this subsection:
       ``(A) The term `household appliance' means any device that 
     uses household electric current, operates in a standby mode, 
     and is identified by the Secretary as a major consumer of 
     electricity in standby mode, except digital televisions, 
     digital set top boxes, digital video recorders, any product 
     recognized under the Energy Star program, any product that 
     was on the date of enactment of this Act subject to an energy 
     conservation standard under this section, and any product 
     regarding which the Secretary finds that the expected 
     additional cost to the consumer of purchasing such product as 
     a result of complying with a standard established under this 
     section is not economically justified within the meaning of 
     subsection (o).
       ``(B) The term `standby mode' means a mode in which a 
     household appliance consumes the least amount of electric 
     energy that the household appliance is capable of

[[Page 15478]]

     consuming without being completely switched off (provided 
     that, the amount of electric energy consumed in such mode is 
     substantially less than the amount the household appliance 
     would consume in its normal operational mode).
       ``(C) The term `major consumer of electricity in standby 
     mode' means a product for which a standard prescribed under 
     this section would result in substantial energy savings as 
     compared to energy savings achieved or expected to be 
     achieved by standards established by the Secretary under 
     subsections (o) and (p) of this section for products that 
     were, at the time of enactment of this subsection, covered 
     products under this section.
       ``(2)(A) Except as provided in subparagraph (B), a 
     household appliance that is manufactured in, or imported for 
     sale in, the United States on or after the date that is 2 
     years after the date of enactment of this subsection shall 
     not consume in standby mode more than 1 watt.
       ``(B) In the case of analog televisions, the Secretary 
     shall prescribe, on or after the date that is 2 years after 
     the date of enactment of this subsection, in accordance with 
     subsections (o) and (p) of section 325, an energy 
     conservation standard that is technologically feasible and 
     economically justified under section 325(o)(2)(A) (in lieu of 
     the 1 watt standard under subparagraph (A)).
       ``(3)(A) A manufacturer or importer of a household 
     appliance may submit to the Secretary an application for an 
     exemption of the household appliance from the standard under 
     paragraph (2).
       ``(B) The Secretary shall grant an exemption for a 
     household appliance for which an application is made under 
     subparagraph (A) if the applicant provides evidence showing 
     that, and the Secretary determines that--
       ``(i) it is not technically feasible to modify the 
     household appliance to enable the household appliance to meet 
     the standard;
       ``(ii) the standard is incompatible with an energy 
     efficiency standard applicable to the household appliance 
     under another subsection; or
       ``(iii) the cost of electricity that a typical consumer 
     would save in operating the household appliance meeting the 
     standard would not equal the increase in the price of the 
     household appliance that would be attributable to the 
     modifications that would be necessary to enable the household 
     appliance to meet the standard by the earlier of--
       ``(I) the date that is 7 years after the date of purchase 
     of the household appliance; or
       ``(II) the end of the useful life of the household 
     appliance.
       ``(C) If the Secretary determines that it is not 
     technically feasible to modify a household appliance to meet 
     the standard under paragraph (2), the Secretary shall 
     establish a different standard for the household appliance in 
     accordance with the criteria under subsection (l).
       ``(4)(A) Not later than 1 year after the date of enactment 
     of this subsection, the Secretary shall establish a test 
     procedure for determining the amount of consumption of power 
     by a household appliance operating in standby mode.
       ``(B) In establishing the test procedure, the Secretary 
     shall consider--
       ``(i) international test procedures under development;
       ``(ii) test procedures used in connection with the Energy 
     Star program; and
       ``(iii) test procedures used for measuring power 
     consumption in standby mode in other countries.
       ``(5) Further reduction of standby power consumption.--The 
     Secretary shall provide technical assistance to manufacturers 
     in achieving further reductions in standby mode electric 
     energy consumption by household appliances.
       ``(v) Standby Mode Electric Energy Consumption by Digital 
     Televisions, Digital Set Top Boxes, and Digital Video 
     Recorders.--The Secretary shall initiate on January 1, 2007 a 
     rulemaking to prescribe, in accordance with subsections (o) 
     and (p), an energy conservation standard of standby mode 
     electric energy consumption by digital television sets, 
     digital set top boxes, and digital video recorders. The 
     Secretary shall issue a final rule prescribing such standards 
     not later than 18 months thereafter. In determining whether a 
     standard under this section is technologically feasible and 
     economically justified under section 325(o)(2)(A), the 
     Secretary shall consider the potential effects on market 
     penetration by digital products covered under this section, 
     and shall consider any recommendations by the FCC regarding 
     such effects.''.
       (2) Section 325(o)(3) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(n)(1)) is amended by inserting at the end 
     of the paragraph the following: ``Notwithstanding any 
     provision of this part, the Secretary shall not amend a 
     standard established under subsection (u) or (v) of this 
     section.''.
       (b) Standards for Noncovered Products.--Section 325(m) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6295(m)) is 
     amended as follows:
       (1) Inserting ``(1)'' before ``After''.
       (2) Inserting the following at the end:
       (2) ``Not later than one year after the date of enactment 
     of the Energy Advancement and Conservation Act of 2001, the 
     Secretary shall conduct a rulemaking to determine whether 
     consumer products not classified as a covered product under 
     section 322(a)(1) through (18) meet the criteria of section 
     322(b)(1) and is a major consumer of electricity. If the 
     Secretary finds that a consumer product not classified as a 
     covered product meets the criteria of section 322(b)(1), he 
     shall prescribe, in accordance with subsections (o) and (p), 
     an energy conservation standard for such consumer product, if 
     such standard is reasonably probable to be technologically 
     feasible and economically justified within the meaning of 
     subsection (o)(2)(A). As used in this paragraph, the term 
     `major consumer of electricity' means a product for which a 
     standard prescribed under this section would result in 
     substantial aggregate energy savings as compared to energy 
     savings achieved or expected to be achieved by standards 
     established by the Secretary under paragraphs (o) and (p) of 
     this section for products that were, at the time of enactment 
     of this paragraph, covered products under this section.''.
       (c) Consumer Education on Energy Efficiency Benefits of Air 
     Conditioning, Heating and Ventilation Maintenance.--Section 
     337 of the Energy Policy and Conservation Act (42 U.S.C. 
     6307) is amended by adding the following new subsection after 
     subsection (b):
       ``(c) HVAC Maintenance.--For the purpose of ensuring that 
     installed air conditioning and heating systems operate at 
     their maximum rated efficiency levels, the Secretary shall, 
     within 180 days of the date of enactment of this subsection, 
     develop and implement a public education campaign to educate 
     homeowners and small business owners concerning the energy 
     savings resulting from regularly scheduled maintenance of air 
     conditioning, heating, and ventilating systems. In developing 
     and implementing this campaign, the Secretary shall consider 
     support by the Department of public education programs 
     sponsored by trade and professional and energy efficiency 
     organizations. The public service information shall provide 
     sufficient information to allow consumers to make informed 
     choices from among professional, licensed (where State or 
     local licensing is required) contractors. There are 
     authorized to be appropriated to carry out this subsection 
     $5,000,000 for fiscal years 2002 and 2003 in addition to 
     amounts otherwise appropriated in this part.''.
       (d) Efficiency Standards for Furnace Fans, Ceiling Fans, 
     and Cold Drink Vending Machines..--
       (1) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) is amended by adding the 
     following at the end thereof:
       ``(32) The term `residential furnace fan' means an electric 
     fan installed as part of a furnace for purposes of 
     circulating air through the system air filters, the heat 
     exchangers or heating elements of the furnace, and the duct 
     work.
       ``(33) The terms `residential central air conditioner fan' 
     and `heat pump circulation fan' mean an electric fan 
     installed as part of a central air conditioner or heat pump 
     for purposes of circulating air through the system air 
     filters, the heat exchangers of the air conditioner or heat 
     pump, and the duct work.
       ``(34) The term `suspended ceiling fan' means a fan 
     intended to be mounted to a ceiling outlet box, ceiling 
     building structure, or to a vertical rod suspended from the 
     ceiling, and which as blades which rotate below the ceiling 
     and consists of an electric motor, fan blades (which rotate 
     in a direction parallel to the floor), an optional lighting 
     kit, and one or more electrical controls (integral or remote) 
     governing fan speed and lighting operation.
       ``(35) The term `refrigerated bottled or canned beverage 
     vending machine' means a machine that cools bottled or canned 
     beverages and dispenses them upon payment.''.
       (2) Testing Requirements.--Section 323 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293) is amended by adding 
     the following at the end thereof:
       ``(f) Additional Consumer Products.--The Secretary shall 
     within 18 months after the date of enactment of this 
     subsection prescribe testing requirements for residential 
     furnace fans, residential central air conditioner fans, heat 
     pump circulation fans, suspended ceiling fans, and 
     refrigerated bottled or canned beverage vending machines. 
     Such testing requirements shall be based on existing test 
     procedures used in industry to the extent practical and 
     reasonable. In the case of residential furnace fans, 
     residential central air conditioner fans, heat pump 
     circulation fans, and suspended ceiling fans, such test 
     procedures shall include efficiency at both maximum output 
     and at an output no more than 50 percent of the maximum 
     output.''.
       (3) Standards for Additional Consumer Products.--Section 
     325 of the Energy Policy and Conservation Act (42 U.S.C. 
     6295) is amended by adding the following at the end thereof:
       ``(w) Residential Furnace Fans, Central Air and Heat Pump 
     Circulation Fans, Suspended Ceiling Fans, and Vending 
     Machines.--(1) The Secretary shall, within 18 months after 
     the date of enactment of this subsection, assess the current 
     and projected future market for residential furnace fans, 
     residential central air conditioner and heat

[[Page 15479]]

     pump circulation fans, suspended ceiling fans, and 
     refrigerated bottled or canned beverage vending machines. 
     This assessment shall include an examination of the types of 
     products sold, the number of products in use, annual sales of 
     these products, energy used by these products sold, the 
     number of products in use, annual sales of these products, 
     energy used by these products, estimates of the potential 
     energy savings from specific technical improvements to these 
     products, and an examination of the cost-effectiveness of 
     these improvements. Prior to the end of this time period, the 
     Secretary shall hold an initial scoping workshop to discuss 
     and receive input to plans for developing minimum efficiency 
     standards for these products.
       ``(2) The Secretary shall within 24 months after the date 
     on which testing requirements are prescribed by the Secretary 
     pursuant to section 323(f), prescribe, by rule, energy 
     conservation standards for residential furnace fans, 
     residential central air conditioner and heat pump circulation 
     fans, suspended ceiling fans, and refrigerated bottled or 
     canned beverage vending machines. In establishing these 
     standards, the Secretary shall use the criteria and 
     procedures contained in subsections (l) and (m). Any standard 
     prescribed under this section shall apply to products 
     manufactured 36 months after the date such rule is 
     published.''.
       (4) Labeling.--Section 324(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294(a)) is amended by adding the 
     following at the end thereof:
       ``(5) The Secretary shall within 6 months after the date on 
     which energy conservation standards are prescribed by the 
     Secretary for covered products referred to in section 325(w), 
     prescribe, by rule, labeling requirements for such products. 
     These requirements shall take effect on the same date as the 
     standards prescribed pursuant to section 325(w).''.
       (5) Covered Products.--Section 322(a) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6292(a)) is amended by 
     redesignating paragraph (19) as paragraph (20) and by 
     inserting after paragraph (18) the following:
       ``(19) Beginning on the effective date for standards 
     established pursuant to subsection (v) of section 325, each 
     product referred to in such subsection (v).''.

                 Subtitle E--Energy Efficient Vehicles

     SEC. 151. HIGH OCCUPANCY VEHICLE EXCEPTION.

       (a) In General.--Notwithstanding section 102(a)(1) of title 
     23, United States Code, a State may, for the purpose of 
     promoting energy conservation, permit a vehicle with fewer 
     than 2 occupants to operate in high occupancy vehicle lanes 
     if such vehicle is a hybrid vehicle or is fueled by an 
     alternative fuel.
       (b) Hybrid Vehicle Defined.--In this section, the term 
     ``hybrid vehicle'' means a motor vehicle--
       (1) which draws propulsion energy from onboard sources of 
     stored energy which are both--
       (A) an internal combustion or heat engine using combustible 
     fuel; and
       (B) a rechargeable energy storage system;
       (2) which, in the case of a passenger automobile or light 
     truck--
       (A) for 2002 and later model vehicles, has received a 
     certificate of conformity under section 206 of the Clean Air 
     Act (42 U.S.C. 7525) and meets or exceeds the equivalent 
     qualifying California low emission vehicle standard under 
     section 243(e)(2) of the Clean Air Act (42 U.S.C. 7583(e)(2)) 
     for that make and model year; and
       (B) for 2004 and later model vehicles, has received a 
     certificate that such vehicle meets the Tier II emission 
     level established in regulations prescribed by the 
     Administrator of the Environmental Protection Agency under 
     section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for 
     that make and model year vehicle; and
       (3) which is made by a manufacturer.
       (c) Alternative Fuel Defined.--In this section, the term 
     ``alternative fuel'' has the meaning such term has under 
     section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 
     13211(2)).

     SEC. 152. RAILROAD EFFICIENCY.

       (a) Locomotive Technology Demonstration.--The Secretary of 
     Energy shall establish a public-private research partnership 
     with railroad carriers, locomotive manufacturers, and a 
     world-class research and test center dedicated to the 
     advancement of railroad technology, efficiency, and safety 
     that is owned by the Federal Railroad Administration and 
     operated in the private sector, for the development and 
     demonstration of locomotive technologies that increase fuel 
     economy and reduce emissions.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy $25,000,000 for 
     fiscal year 2002, $30,000,000 for fiscal year 2003, and 
     $35,000,000 for fiscal year 2004 for carrying out this 
     section.

     SEC. 153. BIODIESEL FUEL USE CREDITS.

       Section 312(c) of the Energy Policy Act of 1992 (42 U.S.C. 
     13220(c)) is amended--
       (1) by striking ``Not'' in the subsection heading; and
       (2) by striking ``not''.

     SEC. 154. MOBILE TO STATIONARY SOURCE TRADING.

       Within 90 days after the enactment of this section, the 
     Administrator of the Environmental Protection Agency is 
     directed to commence a review of the Agency's policies 
     regarding the use of mobile to stationary source trading of 
     emission credits under the Clean Air Act to determine whether 
     such trading can provide both nonattainment and attainment 
     areas with additional flexibility in achieving and 
     maintaining healthy air quality and increasing use of 
     alternative fuel and advanced technology vehicles, thereby 
     reducing United States dependence on foreign oil.

                      Subtitle F--Other Provisions

     SEC. 161. REVIEW OF REGULATIONS TO ELIMINATE BARRIERS TO 
                   EMERGING ENERGY TECHNOLOGY.

       (a) In General.--Each Federal agency shall carry out a 
     review of its regulations and standards to determine those 
     that act as a barrier to market entry for emerging energy-
     efficient technologies, including, but not limited to, fuel 
     cells, combined heat and power, and distributed generation 
     (including small-scale renewable energy).
       (b) Report to Congress.--No later than 18 months after the 
     date of enactment of this section, each agency shall provide 
     a report to Congress and the President detailing all 
     regulatory barriers to emerging energy-efficient 
     technologies, along with actions the agency intends to take, 
     or has taken, to remove such barriers.
       (c) Periodic Review.--Each agency shall subsequently review 
     its regulations and standards in the manner specified in this 
     section no less frequently than every 5 years, and report 
     their findings to Congress and the President. Such reviews 
     shall include a detailed analysis of all agency actions taken 
     to remove existing barriers to emerging energy technologies.

     SEC. 162. ADVANCED IDLE ELIMINATION SYSTEMS.

       (a) Definitions.--
       (1) Advanced idle elimination system.--The term ``advanced 
     idle elimination system'' means a device or system of devices 
     that is installed at a truck stop or other location (for 
     example, a loading, unloading, or transfer facility) where 
     vehicles (such as trucks, trains, buses, boats, automobiles, 
     and recreational vehicles) are parked and that is designed to 
     provide to the vehicle the services (such as heat, air 
     conditioning, and electricity) that would otherwise require 
     the operation of the auxiliary or drive train engine or both 
     while the vehicle is stationary and parked.
       (2) Extended idling.--The term ``extended idling'' means 
     the idling of a motor vehicle for a period greater than 60 
     minutes.
       (b) Recognition of Benefits of Advanced Idle Elimination 
     Systems.--Within 90 days after the date of enactment of this 
     subsection, the Administrator of the Environmental Protection 
     Agency is directed to commence a review of the Agency's 
     mobile source air emissions models used under the Clean Air 
     Act to determine whether such models accurately reflect the 
     emissions resulting from extended idling of heavy-duty trucks 
     and other vehicles and engines, and shall update those models 
     as the Administrator deems appropriate. Additionally, within 
     90-days after the date of enactment of this subsection, the 
     Administrator shall commence a review as to the appropriate 
     emissions reductions credit that should be allotted under the 
     Clean Air Act for the use of advanced idle elimination 
     systems, and whether such credits should be subject to an 
     emissions trading system, and shall revise Agency regulations 
     and guidance as the Administrator deems appropriate.

     SEC. 163. STUDY OF BENEFITS AND FEASIBILITY OF OIL BYPASS 
                   FILTRATION TECHNOLOGY.

       (a) Study.--The Secretary of Energy and the Administrator 
     of the Environmental Protection Agency shall jointly conduct 
     a study of oil bypass filtration technology in motor vehicle 
     engines. The study shall analyze and quantify the potential 
     benefits of such technology in terms of reduced demand for 
     oil and the potential environmental benefits of the 
     technology in terms of reduced waste and air pollution. The 
     Secretary and the Administrator shall also examine the 
     feasibility of using such technology in the Federal motor 
     vehicle fleet.
       (b) Report.--Not later than 6 months after the enactment of 
     this Act, the Secretary of Energy and the Administrator of 
     the Environmental Protection Agency shall jointly submit a 
     report containing the results of the study conducted under 
     subsection (a) to the Committee on Energy and Commerce of the 
     United States House of Representatives and to the Committee 
     on Energy and Natural Resources of the United States Senate.

     SEC. 164. GAS FLARE STUDY.

       (a) Study.--The Secretary of Energy shall conduct a study 
     of the economic feasibility of installing small cogeneration 
     facilities utilizing excess gas flares at petrochemical 
     facilities to provide reduced electricity costs to customers 
     living within 3 miles of the petrochemical facilities. The 
     Secretary shall solicit public comment to assist in preparing 
     the report required under subsection (b).
       (b) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Energy shall transmit 
     a report to the Congress on the results of the study 
     conducted under subsection (a).

[[Page 15480]]



     SEC. 165. TELECOMMUTING STUDY.

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

                   TITLE II--AUTOMOBILE FUEL ECONOMY

     SEC. 201. AVERAGE FUEL ECONOMY STANDARDS FOR NONPASSENGER 
                   AUTOMOBILES.

       Section 32902(a) of title 49, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``Nonpassenger 
     Automobiles.--''; and
       (2) by adding at the end the following:
       ``(2) The Secretary shall prescribe under paragraph (1) 
     average fuel economy standards for automobiles (except 
     passenger automobiles) manufactured in model years 2004 
     through 2010 that are calculated to ensure that the aggregate 
     amount of gasoline projected to be used in those model years 
     by automobiles to which the standards apply is at least 5 
     billion gallons less than the aggregate amount of gasoline 
     that would be used in those model years by such automobiles 
     if they achieved only the fuel economy required under the 
     average fuel economy standard that applies under this 
     subsection to automobiles (except passenger automobiles) 
     manufactured in model year 2002.''.

     SEC. 202. CONSIDERATION OF PRESCRIBING DIFFERENT AVERAGE FUEL 
                   ECONOMY STANDARDS FOR NONPASSENGER AUTOMOBILES.

       (a) In General.--The Secretary of Transportation shall, in 
     prescribing average fuel economy standards under section 
     32902(a) of title 49, United States Code, for automobiles 
     (except passenger automobiles) manufactured in model year 
     2004, consider the potential benefits of--
       (1) establishing a weight-based system for automobiles, 
     that is based on the inertia weight, curb weight, gross 
     vehicle weight rating, or another appropriate measure of such 
     automobiles; and
       (2) prescribing different fuel economy standards for 
     automobiles that are subject to the weight-based system.
       (b) Specific Considerations.--In implementing this section 
     the Secretary--
       (1) shall consider any recommendations made in the National 
     Academy of Sciences study completed pursuant to the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2000 (Public Law 106-346; 114 Stat. 2763 
     et seq.); and
       (2) shall evaluate the merits of any weight-based system in 
     terms of motor vehicle safety, energy conservation, and 
     competitiveness of and employment in the United States 
     automotive sector, and if a weight-based system is 
     established by the Secretary a manufacturer may trade credits 
     between or among the automobiles (except passenger 
     automobiles) manufactured by the manufacturer.

     SEC. 203. DUAL FUELED AUTOMOBILES.

       (a) Purposes.--The purposes of this section are--
       (1) to extend the manufacturing incentives for dual fueled 
     automobiles, as set forth in subsections (b) and (d) of 
     section 32905 of title 49, United States Code, through the 
     2008 model year; and
       (2) to similarly extend the limitation on the maximum 
     average fuel economy increase for such automobiles, as set 
     forth in subsection (a)(1) of section 32906 of title 49, 
     United States Code.
       (b) Amendments.--
       (1) Manufacturing incentives.--Section 32905 of title 49, 
     United States Code, is amended as follows:
       (A) Subsections (b) and (d) are each amended by striking 
     ``model years 1993-2004'' and inserting ``model years 1993-
     2008''.
       (B) Subsection (f) is amended by striking ``Not later than 
     December 31, 2001, the Secretary'' and inserting ``Not later 
     than December 31, 2005, the Secretary''.
       (C) Subsection (f)(1) is amended by striking ``model year 
     2004'' and inserting ``model year 2008''.
       (D) Subsection (g) is amended by striking ``Not later than 
     September 30, 2000'' and inserting ``Not later than September 
     30, 2004''.
       (2) Maximum fuel economy increase.--Subsection (a)(1) of 
     section 32906 of title 49, United States Code, is amended as 
     follows:
       (A) Subparagraph (A) is amended by striking ``the model 
     years 1993-2004'' and inserting ``model years 1993-2008''.
       (B) Subparagraph (B) is amended by striking ``the model 
     years 2005-2008'' and inserting ``model years 2009-2012''.

     SEC. 204. FUEL ECONOMY OF THE FEDERAL FLEET OF AUTOMOBILES.

       Section 32917 of title 49, United States Code, is amended 
     to read as follows:

     ``Sec. 32917. Standards for executive agency automobiles

       ``(a) Baseline Average Fuel Economy.--The head of each 
     executive agency shall determine, for all automobiles in the 
     agency's fleet of automobiles that were leased or bought as a 
     new vehicle in fiscal year 1999, the average fuel economy for 
     such automobiles. For the purposes of this section, the 
     average fuel economy so determined shall be the baseline 
     average fuel economy for the agency's fleet of automobiles.
       ``(b) Increase of Average Fuel Economy.--The head of an 
     executive agency shall manage the procurement of automobiles 
     for that agency in such a manner that--
       ``(1) not later than September 30, 2003, the average fuel 
     economy of the new automobiles in the agency's fleet of 
     automobiles is not less than 1 mile per gallon higher than 
     the baseline average fuel economy determined under subsection 
     (a) for that fleet; and
       ``(2) not later than September 30, 2005, the average fuel 
     economy of the new automobiles in the agency's fleet of 
     automobiles is not less than 3 miles per gallon higher than 
     the baseline average fuel economy determined under subsection 
     (a) for that fleet.
       ``(c) Calculation of Average Fuel Economy.--Average fuel 
     economy shall be calculated for the purposes of this section 
     in accordance with guidance which the Secretary of 
     Transportation shall prescribe for the implementation of this 
     section.
       ``(d) Definitions.--In this section:
       ``(1) The term `automobile' does not include any vehicle 
     designed for combat-related missions, law enforcement work, 
     or emergency rescue work.
       ``(2) The term `executive agency' has the meaning given 
     that term in section 105 of title 5.
       ``(3) The term `new automobile', with respect to the fleet 
     of automobiles of an executive agency, means an automobile 
     that is leased for at least 60 consecutive days or bought, by 
     or for the agency, after September 30, 1999.''.

     SEC. 205. HYBRID VEHICLES AND ALTERNATIVE VEHICLES.

       (a) In General.--Section 303(b)(1) of the Energy Policy Act 
     of 1992 is amended by adding the following at the end: ``Of 
     the total number of vehicles acquired by a Federal fleet in 
     fiscal years 2004 and 2005, at least 5 percent of the 
     vehicles in addition to those covered by the preceding 
     sentence shall be alternative fueled vehicles or hybrid 
     vehicles and in fiscal year 2006 and thereafter at least 10 
     percent of the vehicles in addition to those covered by the 
     preceding sentence shall be alternative fueled vehicles or 
     hybrid vehicles.''.
       (b) Definition.--Section 301 of such Act is amended by 
     striking ``and'' at the end of paragraph (13), by striking 
     the period at the end of paragraph (14) and inserting ``; 
     and'' and by adding at the end the following:
       ``(15) The term `hybrid vehicle' means a motor vehicle 
     which draws propulsion energy from onboard sources of stored 
     energy which are both--
       ``(A) an internal combustion or heat engine using 
     combustible fuel; and
       ``(B) a rechargeable energy storage system.''.

     SEC. 206. FEDERAL FLEET PETROLEUM-BASED NONALTERNATIVE FUELS.

       (a) In General.--Title III of the Energy Policy Act of 1992 
     (42 U.S.C. 13212 et seq.) is amended as follows:
       (1) By adding at the end thereof the following:

     ``SEC. 313. CONSERVATION OF PETROLEUM-BASED FUELS BY THE 
                   FEDERAL GOVERNMENT FOR LIGHT-DUTY MOTOR 
                   VEHICLES.

       ``(a) Purposes.--The purposes of this section are to 
     complement and supplement the requirements of section 303 of 
     this Act that Federal fleets, as that term is defined in 
     section 303(b)(3), acquire in the aggregate a minimum 
     percentage of alternative fuel vehicles, to encourage the 
     manufacture and sale or lease of such vehicles nationwide, 
     and to achieve, in the aggregate, a reduction in the amount 
     of the petroleum-based fuels (other than the alternative 
     fuels defined in this title) used by new light-duty motor 
     vehicles acquired by the Federal Government in model years 
     2004 through 2010 and thereafter.
       ``(b) Implementation.--In furtherance of such purposes, 
     such Federal fleets in the aggregate shall reduce the 
     purchase of petroleum-based nonalternative fuels for such

[[Page 15481]]

     fleets beginning October 1, 2003, through September 30, 2009, 
     from the amount purchased for such fleets over a comparable 
     period since enactment of this Act, as determined by the 
     Secretary, through the annual purchase, in accordance with 
     section 304, and the use of alternative fuels for the light-
     duty motor vehicles of such Federal fleets, so as to achieve 
     levels which reflect total reliance by such fleets on the 
     consumptive use of alternative fuels consistent with the 
     provisions of section 303(b) of this Act. The Secretary 
     shall, within 120 days after the enactment of this section, 
     promulgate, in consultation with the Administrator of the 
     General Services Administration and the Director of the 
     Office of Management and Budget and such other heads of 
     entities referenced in section 303 within the executive 
     branch as such Director may designate, standards for the full 
     and prompt implementation of this section by such entities. 
     The Secretary shall monitor compliance with this section and 
     such standards by all such fleets and shall report annually 
     to the Congress, based on reports by the heads of such 
     fleets, on the extent to which the requirements of this 
     section and such standards are being achieved. The report 
     shall include information on annual reductions achieved of 
     petroleum-based fuels and the problems, if any, encountered 
     in acquiring alternative fuels and in requiring their use.''.
       (2) By amending section 304(b) of such Act to read as 
     follows:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary or, as 
     appropriate, the head of each Federal fleet subject to the 
     provisions of this section and section 313 of this Act, such 
     sums as may be necessary to achieve the purposes of section 
     313(a) and the provisions of this section. Such sums shall 
     remain available until expended.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title III the following:

``Sec. 313. Conservation of petroleum-based fuels by the Federal 
              Government for light-duty motor vehicles.''.

     SEC. 207. STUDY OF FEASIBILITY AND EFFECTS OF REDUCING USE OF 
                   FUEL FOR AUTOMOBILES.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall enter into an arrangement with the National Academy of 
     Sciences under which the Academy shall study the feasibility 
     and effects of reducing by model year 2010, by a significant 
     percentage, the use of fuel for automobiles.
       (b) Subjects of Study.--The study under this section shall 
     include--
       (1) examination of, and recommendation of alternatives to, 
     the policy under current Federal law of establishing average 
     fuel economy standards for automobiles and requiring each 
     automobile manufacturer to comply with average fuel economy 
     standards that apply to the automobiles it manufactures;
       (2) examination of how automobile manufacturers could 
     contribute toward achieving the reduction referred to in 
     subsection (a);
       (3) examination of the potential of fuel cell technology in 
     motor vehicles in order to determine the extent to which such 
     technology may contribute to achieving the reduction referred 
     to in subsection (a); and
       (4) examination of the effects of the reduction referred to 
     in subsection (a) on--
       (A) gasoline supplies;
       (B) the automobile industry, including sales of automobiles 
     manufactured in the United States;
       (C) motor vehicle safety; and
       (D) air quality.
       (c) Report.--The Secretary shall require the National 
     Academy of Sciences to submit to the Secretary and the 
     Congress a report on the findings, conclusion, and 
     recommendations of the study under this section by not later 
     than 1 year after the date of the enactment of this Act.

                       TITLE III--NUCLEAR ENERGY

     SEC. 301. LICENSE PERIOD.

       Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(c)) is amended--
       (1) by striking ``c. Each such'' and inserting the 
     following:
       ``c. License Period.--
       ``(1) In general.--Each such''; and
       (2) by adding at the end the following:
       ``(2) Combined licenses.--In the case of a combined 
     construction and operating license issued under section 185 
     b., the initial duration of the license may not exceed 40 
     years from the date on which the Commission finds, before 
     operation of the facility, that the acceptance criteria 
     required by section 185 b. are met.''.

     SEC. 302. COST RECOVERY FROM GOVERNMENT AGENCIES.

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

     SEC. 303. DEPLETED URANIUM HEXAFLUORIDE.

       Section 1(b) of Public Law 105-204 is amended by striking 
     ``fiscal year 2002'' and inserting ``fiscal year 2005''.

     SEC. 304. NUCLEAR REGULATORY COMMISSION MEETINGS.

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

     SEC. 305. COOPERATIVE RESEARCH AND DEVELOPMENT AND SPECIAL 
                   DEMONSTRATION PROJECTS FOR THE URANIUM MINING 
                   INDUSTRY.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $10,000,000 for each of 
     fiscal years 2002, 2003, and 2004 for--
       (1) cooperative, cost-shared, agreements between the 
     Department of Energy and domestic uranium producers to 
     identify, test, and develop improved in situ leaching mining 
     technologies, including low-cost environmental restoration 
     technologies that may be applied to sites after completion of 
     in situ leaching operations; and
       (2) funding for competitively selected demonstration 
     projects with domestic uranium producers relating to--
       (A) enhanced production with minimal environmental impacts;
       (B) restoration of well fields; and
       (C) decommissioning and decontamination activities.
       (b) Domestic Uranium Producer.--For purposes of this 
     section, the term ``domestic uranium producer'' has the 
     meaning given that term in section 1018(4) of the Energy 
     Policy Act of 1992 (42 U.S.C. 2296b-7(4)), except that the 
     term shall not include any producer that has not produced 
     uranium from domestic reserves on or after July 30, 1998.

     SEC. 306. MAINTENANCE OF A VIABLE DOMESTIC URANIUM CONVERSION 
                   INDUSTRY.

       There are authorized to be appropriated to the Secretary 
     $800,000 for contracting with the Nation's sole remaining 
     uranium converter for the purpose of performing research and 
     development to improve the environmental and economic 
     performance of United States uranium conversion operations.

     SEC. 307. PADUCAH DECONTAMINATION AND DECOMMISSIONING PLAN.

       The Secretary of Energy shall prepare and submit a plan to 
     Congress within 180 days after the date of the enactment of 
     this Act that establishes scope, cost, schedule, sequence of 
     activities, and contracting strategy for--
       (1) the decontamination and decommissioning of the 
     Department of Energy's surplus buildings and facilities at 
     the Paducah Gaseous Diffusion Plant that have no future 
     anticipated reuse; and
       (2) the remediation of Department of Energy Material 
     Storage Areas at the Paducah Gaseous Diffusion Plant.

     Such plan shall inventory all surplus facilities and 
     buildings, and identify and rank health and safety risks 
     associated with such facilities and buildings. Such plan 
     shall inventory all Department of Energy Material Storage 
     Areas, and identify and rank health and safety risks 
     associated with such Department of Energy Material Storage 
     Areas. The Department of Energy shall incorporate these risk 
     factors in designing the sequence and schedule for the plan. 
     Such plan shall identify funding requirements that are in 
     addition to the expected outlays included in the Department 
     of Energy's Environmental Management Plan for the Paducah 
     Gaseous Diffusion Plan.

                     TITLE IV--HYDROELECTRIC ENERGY

     SEC. 401. ALTERNATIVE CONDITIONS AND FISHWAYS.

       (a) Alternative Mandatory Conditions.--Section 4 of the 
     Federal Power Act (16 U.S.C. 797) is amended by adding at the 
     end the following:
       ``(h)(1) Whenever any person applies for a license for any 
     project works within any reservation of the United States, 
     and the Secretary of the department under whose supervision 
     such reservation falls deems a condition to such license to 
     be necessary under the first proviso of subsection (e), the 
     license applicant or any other party to the licensing 
     proceeding may propose an alternative condition.
       ``(2) Notwithstanding the first proviso of subsection (e), 
     the Secretary of the department under whose supervision the 
     reservation falls shall accept the proposed alternative 
     condition referred to in paragraph (1), and the Commission 
     shall include in the license such alternative condition, if 
     the Secretary of the appropriate department determines, based 
     on substantial evidence provided by the party proposing such 
     alternative condition, that the alternative condition--
       ``(A) provides no less protection for the reservation than 
     provided by the condition deemed necessary by the Secretary; 
     and
       ``(B) will either--
       ``(i) cost less to implement, or

[[Page 15482]]

       ``(ii) result in improved operation of the project works 
     for electricity production

     as compared to the condition deemed necessary by the 
     Secretary.
       ``(3) Within one year after the enactment of this 
     subsection, each Secretary concerned shall, by rule, 
     establish a process to expeditiously resolve conflicts 
     arising under this subsection.''.
       (b) Alternative Fishways.--Section 18 of the Federal Power 
     Act (16 U.S.C. 811) is amended by--
       (1) inserting ``(a)'' before the first sentence; and
       (2) adding at the end the following:
       ``(b)(1) Whenever the Commission shall require a licensee 
     to construct, maintain, or operate a fishway prescribed by 
     the Secretary of the Interior or the Secretary of Commerce 
     under this section, the licensee or any other party to the 
     proceeding may propose an alternative to such prescription to 
     construct, maintain, or operate a fishway.
       ``(2) Notwithstanding subsection (a), the Secretary of the 
     Interior or the Secretary of Commerce, as appropriate, shall 
     accept and prescribe, and the Commission shall require, the 
     proposed alternative referred to in paragraph (1), if the 
     Secretary of the appropriate department determines, based on 
     substantial evidence provided by the party proposing such 
     alternative, that the alternative--
       ``(A) will be no less effective than the fishway initially 
     prescribed by the Secretary, and
       ``(B) will either--
       ``(i) cost less to implement, or
       ``(ii) result in improved operation of the project works 
     for electricity production

     as compared to the fishway initially prescribed by the 
     Secretary.
       ``(3) Within one year after the enactment of this 
     subsection, the Secretary of the Interior and the Secretary 
     of Commerce shall each, by rule, establish a process to 
     expeditiously resolve conflicts arising under this 
     subsection.''

     SEC. 402. FERC DATA ON HYDROELECTRIC LICENSING.

       (a) Data Collection Procedures.--The Federal Energy 
     Regulatory Commission shall revise its procedures regarding 
     the collection of data in connection with the Commission's 
     consideration of hydroelectric licenses under the Federal 
     Power Act. Such revised data collection procedures shall be 
     designed to provide the Commission with complete and accurate 
     information concerning the time and costs to parties involved 
     in the licensing process. Such data shall be available for 
     each significant stage in the licensing process and shall be 
     designed to identify projects with similar characteristics so 
     that analyses can be made of the time and costs involved in 
     licensing proceedings based upon the different 
     characteristics of those proceedings.
       (b) Reports.--Within 6 months after the date of enactment 
     of this Act, the Commission shall notify the Committee on 
     Energy and Commerce of the United States House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the United States Senate of the progress made by 
     the Commission under subsection (a), and within one year 
     after such date of enactment, the Commission shall submit a 
     report to such Committees specifying the measures taken by 
     the Commission pursuant to subsection (a).

                             TITLE V--FUELS

     SEC. 601. TANK DRAINING DURING TRANSITION TO SUMMERTIME RFG.

       Not later than 60 days after the enactment of the Act, the 
     Administrator of the Environmental Protection Agency shall 
     commence a rulemaking to determine whether modifications to 
     the regulations set forth in 40 C.F.R. Section 80.78 and any 
     associated regulations regarding the transition to high ozone 
     season reformulated gasoline are necessary to ensure that the 
     transition to high ozone season reformulated gasoline is 
     conducted in a manner that minimizes disruptions to the 
     general availability and affordability of gasoline, and 
     maximizes flexibility with regard to the draining and 
     inventory management of gasoline storage tanks located at 
     refineries, terminals, wholesale and retail outlets, 
     consistent with the goals of the Clean Air Act. The 
     Administrator shall propose and take final action in such 
     rulemaking to ensure that any modifications are effective and 
     implemented at least 60 days prior to the beginning of the 
     high ozone season for the year 2002.

     SEC. 602. GASOLINE BLENDSTOCK REQUIREMENTS.

       Not later than 60 days after the enactment of this Act, the 
     Administrator of the Environmental Protection Agency shall 
     commence a rulemaking to determine whether modifications to 
     product transfer documentation, accounting, compliance 
     calculation, and other requirements contained in the 
     regulations of the Administrator set forth in section 80.102 
     of title 40 of the Code of Federal Regulations relating to 
     gasoline blendstocks are necessary to facilitate the movement 
     of gasoline and gasoline feedstocks among different regions 
     throughout the country and to improve the ability of 
     petroleum refiners and importers to respond to regional 
     gasoline shortages and prevent unreasonable short-term price 
     increases. The Administrator shall take into consideration 
     the extent to which such requirements have been, or will be, 
     rendered unnecessary or inefficient by reason of subsequent 
     environmental safeguards that were not in effect at the time 
     the regulations in section 80.102 of title 40 of the Code of 
     Federal Regulations were promulgated. The Administrator shall 
     propose and take final action in such rulemaking to ensure 
     that any modifications are effective and implemented at least 
     60 days prior to the beginning of the high ozone season for 
     the year 2002.

     SEC. 603. BOUTIQUE FUELS.

       (a) Joint Study.--The Administrator of the Environmental 
     Protection Agency and the Secretary of Energy shall jointly 
     conduct a study of all Federal, State, and local requirements 
     regarding motor vehicle fuels, including requirements 
     relating to reformulated gasoline, volatility (Reid Vapor 
     Pressure), oxygenated fuel, diesel fuel and other 
     requirements that vary from State to State, region to region, 
     or locality to locality. The study shall analyze--
       (1) the effect of the variety of such requirements on the 
     price of motor vehicle fuels to the consumer;
       (2) the availability and affordability of motor vehicle 
     fuels in different States and localities;
       (3) the effect of Federal, State, and local regulations, 
     including multiple fuel requirements, on domestic refineries 
     and the fuel distribution system;
       (4) the effect of such requirements on local, regional, and 
     national air quality requirements and goals;
       (5) the effect of such requirements on vehicle emissions;
       (6) the feasibility of developing national or regional fuel 
     specifications for the contiguous United States that would--
       (A) enhance flexibility in the fuel distribution 
     infrastructure and improve fuel fungibility;
       (B) reduce price volatility and costs to consumers and 
     producers;
       (C) meet local, regional, and national air quality 
     requirements and goals; and
       (D) provide increased gasoline market liquidity; and
       (7) the extent to which the Environmental Protection 
     Agency's Tier II requirements for conventional gasoline may 
     achieve in future years the same or similar air quality 
     results as State reformulated gasoline programs and State 
     programs regarding gasoline volatility (RVP).
       (b) Report.--By December 31, 2001, the Administrator of the 
     Environmental Protection Agency and the Secretary of Energy 
     shall submit a report to the Congress containing the results 
     of the study conducted under subsection (a). Such report 
     shall contain recommendations for legislative and 
     administrative actions that may be taken to simplify the 
     national distribution system for motor vehicle fuel, make 
     such system more cost-effective, and reduce the costs and 
     increase the availability of motor vehicle fuel to the end 
     user while meeting the requirements of the Clean Air Act. 
     Such recommendations shall take into account the need to 
     provide lead time for refinery and fuel distribution system 
     modifications necessary to assure adequate fuel supply for 
     all States.

     SEC. 604. FUNDING FOR MTBE CONTAMINATION.

       Notwithstanding any other provision of law, there is 
     authorized to be appropriated to the Administrator of the 
     Environmental Protection Agency from the Leaking Underground 
     Storage Trust Fund not more than $200,000,000 to be used for 
     taking such action, limited to assessment, corrective action, 
     inspection of underground storage tank systems, and 
     groundwater monitoring in connection with MTBE contamination, 
     as the Administrator deems necessary to protect human health 
     and the environment from releases of methyl tertiary butyl 
     ether (MTBE) from underground storage tanks.

                       TITLE VI--RENEWABLE ENERGY

     SEC. 701. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.

       (a) Resource Assessment.--Not later than one year after the 
     date of enactment of this Act, and each year thereafter, the 
     Secretary of Energy shall publish an assessment by the 
     National Laboratories of all renewable energy resources 
     available within the United States.
       (b) Contents of Report.--The report published under 
     subsection (a) shall contain each of the following:
       (1) A detailed inventory describing the available amount 
     and characteristics of solar, wind, biomass, geothermal, 
     hydroelectric and other renewable energy sources.
       (2) Such other information as the Secretary of Energy 
     believes would be useful in developing such renewable energy 
     resources, including descriptions of surrounding terrain, 
     population and load centers, nearby energy infrastructure, 
     location of energy and water resources, and available 
     estimates of the costs needed to develop each resource.

     SEC. 702. RENEWABLE ENERGY PRODUCTION INCENTIVE.

       Section 1212 of the Energy Policy Act of 1992 (42 U.S.C. 
     13317) is amended as follows:
       (1) In subsection (a) by striking ``and which satisfies'' 
     and all that follows through ``Secretary shall establish.'' 
     and inserting ``. The Secretary shall establish other 
     procedures necessary for efficient administration of the

[[Page 15483]]

     program. The Secretary shall not establish any criteria or 
     procedures that have the effect of assigning to proposals a 
     higher or lower priority for eligibility or allocation of 
     appropriated funds on the basis of the energy source 
     proposed.''.
       (2) In subsection (b)--
       (A) by striking ``a State or any political'' and all that 
     follows through ``nonprofit electrical cooperative'' and 
     inserting ``an electricity-generating cooperative exempt from 
     taxation under section 501(c)(12) or section 1381(a)(2)(C) of 
     the Internal Revenue Code of 1986, a public utility described 
     in section 115 of such Code, a State, Commonwealth, 
     territory, or possession of the United States or the District 
     of Columbia, or a political subdivision thereof, or an Indian 
     tribal government or subdivision thereof,''; and
       (B) By inserting ``landfill gas,'' after ``wind, 
     biomass,''.
       (3) In subsection (c) by striking ``during the 10-fiscal 
     year period beginning with the first full fiscal year 
     occurring after the enactment of this section'' and inserting 
     ``before October 1, 2013''.
       (4) In subsection (d) by inserting ``or in which the 
     Secretary finds that all necessary Federal and State 
     authorizations have been obtained to begin construction of 
     the facility'' after ``eligible for such payments''.
       (5) In subsection (e)(1) by inserting ``landfill gas,'' 
     after ``wind, biomass,''.
       (6) In subsection (f) by striking ``the expiration of'' and 
     all that follows through ``of this section'' and inserting 
     ``September 30, 2023''.
       (7) In subsection (g)--
       (A) by striking ``1993, 1994, and 1995'' and inserting 
     ``2003 through 2023''; and
       (B) by inserting ``Funds may be appropriated pursuant to 
     this subsection to remain available until expended.'' after 
     ``purposes of this section.''.

                          TITLE VII--PIPELINES

     SEC. 801. PROHIBITION ON CERTAIN PIPELINE ROUTE.

       No license, permit, lease, right-of-way, authorization or 
     other approval required under Federal law for the 
     construction of any pipeline to transport natural gas from 
     lands within the Prudhoe Bay oil and gas lease area may be 
     granted for any pipeline that follows a route that 
     traverses--
       (1) the submerged lands (as defined by the Submerged Lands 
     Act) beneath, or the adjacent shoreline of, the Beaufort Sea; 
     and
       (2) enters Canada at any point north of 68 degrees North 
     latitude.

     SEC. 802. HISTORIC PIPELINES.

       Section 7 of the Natural Gas Act (15 U.S.C. 717f) is 
     amended by adding at the end the following new subsection:
       ``(i) Notwithstanding the National Historic Preservation 
     Act, a transportation facility shall not be eligible for 
     inclusion on the National Register of Historic Places until 
     the Commission has permitted the abandonment of the 
     transportation facility pursuant to subsection (b) of this 
     section.''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 901. WASTE REDUCTION AND USE OF ALTERNATIVES.

       (a) Grant Authority.--The Secretary of Energy is authorized 
     to make a single grant to a qualified institution to examine 
     and develop the feasibility of burning post-consumer carpet 
     in cement kilns as an alternative energy source. The purposes 
     of the grant shall include determining--
       (1) how post-consumer carpet can be burned without 
     disrupting kiln operations;
       (2) the extent to which overall kiln emissions may be 
     reduced; and
       (3) how this process provides benefits to both cement kiln 
     operations and carpet suppliers.
       (b) Qualified Institution.--For the purposes of subsection 
     (a), a qualified institution is a research-intensive 
     institution of higher learning with demonstrated expertise in 
     the fields of fiber recycling and logistical modeling of 
     carpet waste collection and preparation.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy for carrying 
     out this section $275,000 for fiscal year 2002, to remain 
     available until expended.

     SEC. 902. ANNUAL REPORT ON UNITED STATES ENERGY INDEPENDENCE.

       (a) Report.--The Secretary of Energy, in consultation with 
     the heads of other relevant Federal agencies, shall include 
     in each report under section 801(c) of the Department of 
     Energy Organization Act a section which evaluates the 
     progress the United States has made toward obtaining the goal 
     of not more than 50 percent dependence on foreign oil sources 
     by 2010.
       (b) Alternatives.--The information required under this 
     section to be included in the reports under section 801(c) of 
     the Department of Energy Organization Act shall include a 
     specification of what legislative or administrative actions 
     must be implemented to meet this goal and set forth a range 
     of options and alternatives with a cost/benefit analysis for 
     each option or alternative together with an estimate of the 
     contribution each option or alternative could make to reduce 
     foreign oil imports. The Secretary shall solicit information 
     from the public and request information from the Energy 
     Information Agency and other agencies to develop the 
     information required under this section. The information 
     shall indicate, in detail, options and alternatives to--
       (1) increase the use of renewable domestic energy sources, 
     including conventional and nonconventional sources;
       (2) conserve energy resources, including improving 
     efficiencies and decreasing consumption; and
       (3) increase domestic production and use of oil, natural 
     gas, nuclear, and coal, including any actions necessary to 
     provide access to, and transportation of, these energy 
     resources.

     SEC. 903. STUDY OF AIRCRAFT EMISSIONS.

       The Secretary of Transportation and the Administrator of 
     the Environmental Protection Agency shall jointly commence a 
     study within 60 days after the enactment of this Act to 
     investigate the impact of aircraft emissions on air quality 
     in areas that are considered to be in nonattainment for the 
     national ambient air quality standard for ozone. As part of 
     this study, the Secretary and the Administrator shall focus 
     on the impact of emissions by aircraft idling at airports and 
     on the contribution of such emissions as a percentage of 
     total emissions in the nonattainment area. Within 180 days of 
     the commencement of the study, the Secretary and the 
     Administrator shall submit a report to the Committees on 
     Energy and Commerce and Transportation and Infrastructure of 
     the United States House of Representatives and to the 
     Committees on Environment and Public Works and Commerce, 
     Science, and Transportation of the United States Senate 
     containing the results of the study and recommendations with 
     respect to a plan to maintain comprehensive data on aircraft 
     emissions and methods by which such emissions may be reduced, 
     without increasing individual aircraft noise, in order to 
     assist in the attainment of the national ambient air quality 
     standards.

                               DIVISION B

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Comprehensive Energy 
     Research and Technology Act of 2001''.

     SEC. 2002. FINDINGS.

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

     SEC. 2003. PURPOSES.

       The purposes of this division are to--
       (1) protect and strengthen the Nation's economy, standard 
     of living, and national security by reducing dependence on 
     imported energy;
       (2) meet future needs for energy services at the lowest 
     total cost to the Nation, including environmental costs, 
     giving balanced and comprehensive consideration to 
     technologies that improve the efficiency of energy end uses 
     and that enhance energy supply;
       (3) reduce the air, water, and other environmental impacts 
     (including emissions of greenhouse gases) of energy 
     production, distribution, transportation, and use through the 
     development of environmentally sustainable energy systems;
       (4) consider the comparative environmental impacts of the 
     energy saved or produced by specific programs, projects, or 
     activities;
       (5) maintain the technological competitiveness of the 
     United States and stimulate economic growth through the 
     development of advanced energy systems and technologies;

[[Page 15484]]

       (6) foster international cooperation by developing 
     international markets for domestically produced sustainable 
     energy technologies, and by transferring environmentally 
     sound, advanced energy systems and technologies to developing 
     countries to promote sustainable development;
       (7) provide sufficient funding of programs, projects, and 
     activities that are performance-based and modeled as public-
     private partnerships, as appropriate; and
       (8) enhance the contribution of a given program, project, 
     or activity to fundamental scientific knowledge.

     SEC. 2004. GOALS.

       (a) In General.--Subject to subsection (b), in order to 
     achieve the purposes of this division under section 2003, the 
     Secretary should conduct a balanced energy research, 
     development, demonstration, and commercial application 
     portfolio of programs guided by the following goals to meet 
     the purposes of this division under section 2003.
       (1) Energy conservation and energy efficiency.--
       (A) For the Building Technology, State and Community 
     Sector, the program should develop technologies, housing 
     components, designs, and production methods that will, by 
     2010--
       (i) reduce the monthly energy cost of new housing by 20 
     percent, compared to the cost as of the date of the enactment 
     of this Act;
       (ii) cut the environmental impact and energy use of new 
     housing by 50 percent, compared to the impact and use as of 
     the date of the enactment of this Act; and
       (iii) improve durability and reduce maintenance costs by 50 
     percent compared to the durability and costs as of the date 
     of the enactment of this Act.
       (B) For the Industry Sector, the program should, in 
     cooperation with the affected industries, improve the energy 
     intensity of the major energy-consuming industries by at 
     least 25 percent by 2010, compared to the energy intensity as 
     of the date of the enactment of this Act.
       (C) For Power Technologies, the program should, in 
     cooperation with the affected industries--
       (i) develop a microturbine (40 to 300 kilowatt) that is 
     more than 40 percent more efficient by 2006, and more than 50 
     percent more efficient by 2010, compared to the efficiency as 
     of the date of the enactment of this Act; and
       (ii) develop advanced materials for combustion systems that 
     reduce emissions of nitrogen oxides by 30 to 50 percent while 
     increasing efficiency 5 to 10 percent by 2007, compared to 
     such emissions as of the date of the enactment of this Act.
       (D) For the Transportation Sector, the program should, in 
     cooperation with affected industries--
       (i) develop a production prototype passenger automobile 
     that has fuel economy equivalent to 80 miles per gallon of 
     gasoline by 2004;
       (ii) develop class 7 and 8 heavy duty trucks and buses with 
     ultra low emissions and the ability to use an alternative 
     fuel that has an average fuel economy equivalent to--

       (I) 10 miles per gallon of gasoline by 2007; and
       (II) 13 miles per gallon of gasoline by 2010;

       (iii) develop a production prototype of a passenger 
     automobile with zero equivalent emissions that has an average 
     fuel economy of 100 miles per gallon of gasoline by 2010; and
       (iv) improve, by 2010, the average fuel economy of trucks--

       (I) in classes 1 and 2 by 300 percent; and
       (II) in classes 3 through 6 by 200 percent,

     compared to the fuel economy as of the date of the enactment 
     of this Act.
       (2) Renewable energy.--
       (A) For Hydrogen Research, to carry out the Spark M. 
     Matsunaga Hydrogen Research, Development, and Demonstration 
     Act of 1990, as amended by subtitle A of title II of this 
     division.
       (B) For bioenergy:
       (i) The program should reduce the cost of bioenergy 
     relative to other energy sources to enable the United States 
     to triple bioenergy use by 2010.
       (ii) For biopower systems, the program should reduce the 
     cost of such systems to enable commercialization of 
     integrated power-generating technologies that employ gas 
     turbines and fuel cells integrated with bioenergy gasifiers 
     within five years after the date of the enactment of this 
     Act.
       (iii) For biofuels, the program should accelerate research, 
     development, and demonstration on advanced enzymatic 
     hydrolysis technology for making ethanol from cellulosic 
     feedstock, with the goal that between 2010 and 2015 ethanol 
     produced from energy crops would be fully competitive in 
     terms of price with gasoline as a neat fuel, in either 
     internal combustion engines or fuel cell vehicles.
       (C) For Geothermal Technology Development, the program 
     should focus on advanced concepts for the long term. The 
     first priority should be high-grade enhanced geothermal 
     systems; the second priority should be lower grade, hot dry 
     rock, and geopressured systems; and the third priority should 
     be support of field demonstrations of enhanced geothermal 
     systems technology, including sites in lower grade areas to 
     demonstrate the benefits of reservoir concepts to different 
     conditions.
       (D) For Hydropower, the program should provide a new 
     generation of turbine technologies that will increase 
     generating capacity and will be less damaging to fish and 
     aquatic ecosystems.
       (E) For Concentrating Solar Power, the program should 
     strengthen ongoing research, development, and demonstration 
     combining high-efficiency and high-temperature receivers with 
     advanced thermal storage and power cycles, with the goal of 
     making solar-only power (including baseload solar power) 
     widely competitive with fossil fuel power by 2015. The 
     program should limit or halt its research and development on 
     power-tower and power-trough technologies because further 
     refinements to these concepts will not further their 
     deployment, and should assess the market prospects for solar 
     dish/engine technologies to determine whether continued 
     research and development is warranted.
       (F) For Photovoltaic Energy Systems, the program should 
     pursue research, development, and demonstration that will, by 
     2005, increase the efficiency of thin film modules from the 
     current 7 percent to 11 percent in multi-million watt 
     production; reduce the direct manufacturing cost of 
     photovoltaic modules by 30 percent from the current $2.50 per 
     watt to $1.75 per watt by 2005; and establish greater than a 
     20-year lifetime of photovoltaic systems by improving the 
     reliability and lifetime of balance-of-system components and 
     reducing recurring cost by 40 percent. The program's top 
     priority should be the development of sound manufacturing 
     technologies for thin-film modules, and the program should 
     make a concerted effort to integrate fundamental research and 
     basic engineering research.
       (G) For Solar Building Technology Research, the program 
     should complete research and development on new polymers and 
     manufacturing processes to reduce the cost of solar water 
     heating by 50 percent by 2004, compared to the cost as of the 
     date of enactment of this Act.
       (H) For Wind Energy Systems, the program should reduce the 
     cost of wind energy to three cents per kilowatt-hour at Class 
     6 (15 miles-per-hour annual average) wind sites by 2004, and 
     4 cents per kilowatt-hour in Class 4 (13 miles-per-hour 
     annual average) wind sites by 2015, and further if required 
     so that wind power can be widely competitive with fossil-
     fuel-based electricity in a restructured electric industry. 
     Program research on advanced wind turbine technology should 
     focus on turbulent flow studies, durable materials to extend 
     turbine life, blade efficiency, and higher efficiency 
     operation in low quality wind regimes.
       (I) For Electric Energy Systems and Storage, including High 
     Temperature Superconducting Research and Development, Energy 
     Storage Systems, and Transmission Reliability, the program 
     should develop high capacity superconducting transmission 
     lines and generators, highly reliable energy storage systems, 
     and distributed generating systems to accommodate multiple 
     types of energy sources under common interconnect standards.
       (J) For the International Renewable Energy and Renewable 
     Energy Production Incentive programs, and Renewable Program 
     Support, the program should encourage the commercial 
     application of renewable energy technologies by developed and 
     developing countries, State and local governmental entities 
     and nonprofit electric cooperatives, and by the competitive 
     domestic market.
       (3) Nuclear energy.--
       (A) For university nuclear science and engineering, the 
     program should carry out the provisions of subtitle A of 
     title III of this division.
       (B) For fuel cycle research, development, and 
     demonstration, the program should carry out the provisions of 
     subtitle B of title III of this division.
       (C) For the Nuclear Energy Research Initiative, the program 
     should accomplish the objectives of section 2341(b) of this 
     Act.
       (D) For the Nuclear Energy Plant Optimization Program, the 
     program should accomplish the objectives of section 2342(b) 
     of this Act.
       (E) For Nuclear Energy Technologies, the program should 
     carry out the provisions of section 2343 of this Act.
       (F) For Advanced Radioisotope Power Systems, the program 
     should ensure that the United States has adequate capability 
     to power future satellite and space missions.
       (4) Fossil energy.--
       (A) For core fossil energy research and development, the 
     program should achieve the goals outlined by the Department's 
     Vision 21 Program. This research should address fuel-flexible 
     gasification and turbines, fuel cells, advanced-combustion 
     systems, advanced fuels and chemicals, advanced modeling and 
     systems analysis, materials and heat exchangers, 
     environmental control technologies, gas-stream purification, 
     gas-separation technology, and sequestration research and 
     development focused on cost-effective novel concepts for 
     capturing, reusing or storing, or otherwise mitigating carbon 
     and other greenhouse gas emissions.
       (B) For offshore oil and natural gas resources, the program 
     should investigate and develop technologies to--

[[Page 15485]]

       (i) extract methane hydrates in coastal waters of the 
     United States, in accordance with the provisions of the 
     Methane Hydrate Research and Development Act of 2000; and
       (ii) develop natural gas and oil reserves in the ultra-
     deepwater of the Central and Western Gulf of Mexico. Research 
     and development on ultra-deepwater resource recovery shall 
     focus on improving the safety and efficiency of such recovery 
     and of sub-sea production technology used for such recovery, 
     while lowering costs.
       (C) For transportation fuels, the program should support a 
     comprehensive transportation fuels strategy to increase the 
     price elasticity of oil supply and demand by focusing 
     research on reducing the cost of producing transportation 
     fuels from natural gas and indirect liquefaction of coal.
       (5) Science.--The Secretary, through the Office of Science, 
     should--
       (A) develop and maintain a robust portfolio of fundamental 
     scientific and energy research, including High Energy and 
     Nuclear Physics, Biological and Environmental Research, Basic 
     Energy Sciences (including Materials Sciences, Chemical 
     Sciences, Engineering and Geosciences, and Energy 
     Biosciences), Advanced Scientific Computing, Energy Research 
     and Analysis, Multiprogram Energy Laboratories-Facilities 
     Support, Fusion Energy Sciences, and Facilities and 
     Infrastructure;
       (B) maintain, upgrade, and expand, as appropriate, and in 
     accordance with the provisions of this division, the 
     scientific user facilities maintained by the Office of 
     Science, and ensure that they are an integral part of the 
     Department's mission for exploring the frontiers of 
     fundamental energy sciences; and
       (C) ensure that its fundamental energy sciences programs, 
     where appropriate, help inform the applied research and 
     development programs of the Department.
       (b) Review and Assessment.--The Secretary shall perform an 
     assessment that establishes measurable cost and performance-
     based goals, or that modifies the goals under subsection (a), 
     as appropriate, for 2005, 2010, 2015, and 2020 for each of 
     the programs authorized by this division that would enable 
     each such program to meet the purposes of this division under 
     section 2003. Such assessment shall be based on the latest 
     scientific and technical knowledge, and shall also take into 
     consideration, as appropriate, the comparative environmental 
     impacts (including emissions of greenhouse gases) of the 
     energy saved or produced by specific programs.
       (c) Consultation.--In establishing the measurable cost and 
     performance-based goals under subsection (b), the Secretary 
     shall consult with the private sector, institutions of higher 
     learning, national laboratories, environmental organizations, 
     professional and technical societies, and any other persons 
     as the Secretary considers appropriate.
       (d) Schedule.--The Secretary shall--
       (1) issue and publish in the Federal Register a set of 
     draft measurable cost and performance-based goals for the 
     programs authorized by this division for public comment--
       (A) in the case of a program established before the date of 
     the enactment of this Act, not later than 120 days after the 
     date of the enactment of this Act; and
       (B) in the case of a program not established before the 
     date of the enactment of this Act, not later than 120 days 
     after the date of establishment of the program;
       (2) not later than 60 days after the date of publication 
     under paragraph (1), after taking into consideration any 
     public comments received, transmit to the Congress and 
     publish in the Federal Register the final measurable cost and 
     performance-based goals; and
       (3) update all such cost and performance-based goals on a 
     biennial basis.

     SEC. 2005. DEFINITIONS.

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

     SEC. 2006. AUTHORIZATIONS.

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

     SEC. 2007. BALANCE OF FUNDING PRIORITIES.

       (a) Sense of Congress.--It is the sense of the Congress 
     that the funding of the various programs authorized by titles 
     I through IV of this division should remain in the same 
     proportion to each other as provided in this division, 
     regardless of the total amount of funding made available for 
     those programs.
       (b) Report to Congress.--If for fiscal year 2002, 2003, or 
     2004 the amounts appropriated in general appropriations Acts 
     for the programs authorized in titles I through IV of this 
     division are not in the same proportion to one another as are 
     the authorizations for such programs in this division, the 
     Secretary and the Administrator shall, within 60 days after 
     the date of the enactment of the last general appropriations 
     Act appropriating amounts for such programs, transmit to the 
     appropriate congressional committees a report describing the 
     programs, projects, and activities that would have been 
     funded if the proportions provided for in this division had 
     been maintained in the appropriations. The amount 
     appropriated for the program receiving the highest percentage 
     of its authorized funding for a fiscal year shall be used as 
     the baseline for calculating the proportional deficiencies of 
     appropriations for other programs in that fiscal year.

           TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY

                 Subtitle A--Alternative Fuel Vehicles

     SEC. 2101. SHORT TITLE.

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

     SEC. 2102. DEFINITIONS.

       For the purposes of this subtitle, the following 
     definitions apply:
       (1) Alternative fuel vehicle.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``alternative fuel vehicle'' means a motor vehicle 
     that is powered--
       (i) in whole or in part by electricity, including 
     electricity supplied by a fuel cell;
       (ii) by liquefied natural gas;
       (iii) by compressed natural gas;
       (iv) by liquefied petroleum gas;
       (v) by hydrogen;
       (vi) by methanol or ethanol at no less than 85 percent by 
     volume; or
       (vii) by propane.
       (B) Exclusions.--The term ``alternative fuel vehicle'' does 
     not include--
       (i) any vehicle designed to operate solely on gasoline or 
     diesel derived from fossil fuels, regardless of whether it 
     can also be operated on an alternative fuel; or
       (ii) any vehicle that the Secretary determines, by rule, 
     does not yield substantial environmental benefits over a 
     vehicle operating solely on gasoline or diesel derived from 
     fossil fuels.
       (2) Pilot program.--The term ``pilot program'' means the 
     competitive grant program established under section 2103.
       (3) Ultra-low sulfur diesel vehicle.--The term ``ultra-low 
     sulfur diesel vehicle'' means a vehicle powered by a heavy-
     duty diesel engine that--
       (A) is fueled by diesel fuel which contains sulfur at not 
     more than 15 parts per million; and
       (B) emits not more than the lesser of--
       (i) for vehicles manufactured in--

       (I) model years 2001 through 2003, 3.0 grams per brake 
     horsepower-hour of nonmethane hydrocarbons and oxides of 
     nitrogen and .01 grams per brake horsepower-hour of 
     particulate matter; and
       (II) model years 2004 through 2006, 2.5 grams per brake 
     horsepower-hour of nonmethane hydrocarbons and oxides of 
     nitrogen and .01 grams per brake horsepower-hour of 
     particulate matter; or

       (ii) the emissions of nonmethane hydrocarbons, oxides of 
     nitrogen, and particulate matter of the best performing 
     technology of ultra-low sulfur diesel vehicles of the same 
     type that are commercially available.

     SEC. 2103. PILOT PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     competitive grant pilot program to provide not more than 15 
     grants to State governments, local governments, or 
     metropolitan transportation authorities to carry out a 
     project or projects for the purposes described in subsection 
     (b).
       (b) Grant Purposes.--Grants under this section may be used 
     for the following purposes:
       (1) The acquisition of alternative fuel vehicles, 
     including--
       (A) passenger vehicles;
       (B) buses used for public transportation or transportation 
     to and from schools;
       (C) delivery vehicles for goods or services;
       (D) ground support vehicles at public airports, including 
     vehicles to carry baggage or push airplanes away from 
     terminal gates; and
       (E) motorized two-wheel bicycles, scooters, or other 
     vehicles for use by law enforcement personnel or other State 
     or local government or metropolitan transportation authority 
     employees.
       (2) The acquisition of ultra-low sulfur diesel vehicles.
       (3) Infrastructure necessary to directly support an 
     alternative fuel vehicle project funded by the grant, 
     including fueling and other support equipment.
       (4) Operation and maintenance of vehicles, infrastructure, 
     and equipment acquired as part of a project funded by the 
     grant.
       (c) Applications.--
       (1) Requirements.--The Secretary shall issue requirements 
     for applying for grants under the pilot program. At a 
     minimum, the Secretary shall require that applications be 
     submitted by the head of a State or local government or a 
     metropolitan transportation authority, or any combination 
     thereof, and shall include--
       (A) at least one project to enable passengers or goods to 
     be transferred directly

[[Page 15486]]

     from one alternative fuel vehicle or ultra-low sulfur diesel 
     vehicle to another in a linked transportation system;
       (B) a description of the projects proposed in the 
     application, including how they meet the requirements of this 
     subtitle;
       (C) an estimate of the ridership or degree of use of the 
     projects proposed in the application;
       (D) an estimate of the air pollution emissions reduced and 
     fossil fuel displaced as a result of the projects proposed in 
     the application, and a plan to collect and disseminate 
     environmental data, related to the projects to be funded 
     under the grant, over the life of the projects;
       (E) a description of how the projects proposed in the 
     application will be sustainable without Federal assistance 
     after the completion of the term of the grant;
       (F) a complete description of the costs of each project 
     proposed in the application, including acquisition, 
     construction, operation, and maintenance costs over the 
     expected life of the project;
       (G) a description of which costs of the projects proposed 
     in the application will be supported by Federal assistance 
     under this subtitle; and
       (H) documentation to the satisfaction of the Secretary that 
     diesel fuel containing sulfur at not more than 15 parts per 
     million is available for carrying out the projects, and a 
     commitment by the applicant to use such fuel in carrying out 
     the projects.
       (2) Partners.--An applicant under paragraph (1) may carry 
     out projects under the pilot program in partnership with 
     public and private entities.
       (d) Selection Criteria.--In evaluating applications under 
     the pilot program, the Secretary shall consider each 
     applicant's previous experience with similar projects and 
     shall give priority consideration to applications that--
       (1) are most likely to maximize protection of the 
     environment;
       (2) demonstrate the greatest commitment on the part of the 
     applicant to ensure funding for the proposed projects and the 
     greatest likelihood that each project proposed in the 
     application will be maintained or expanded after Federal 
     assistance under this subtitle is completed; and
       (3) exceed the minimum requirements of subsection 
     (c)(1)(A).
       (e) Pilot Project Requirements.--
       (1) Maximum amount.--The Secretary shall not provide more 
     than $20,000,000 in Federal assistance under the pilot 
     program to any applicant.
       (2) Cost sharing.--The Secretary shall not provide more 
     than 50 percent of the cost, incurred during the period of 
     the grant, of any project under the pilot program.
       (3) Maximum period of grants.--The Secretary shall not fund 
     any applicant under the pilot program for more than 5 years.
       (4) Deployment and distribution.--The Secretary shall seek 
     to the maximum extent practicable to achieve nationwide 
     deployment of alternative fuel vehicles through the pilot 
     program, and shall ensure a broad geographic distribution of 
     project sites.
       (5) Transfer of information and knowledge.--The Secretary 
     shall establish mechanisms to ensure that the information and 
     knowledge gained by participants in the pilot program are 
     transferred among the pilot program participants and to other 
     interested parties, including other applicants that submitted 
     applications.
       (f) Schedule.--
       (1) Publication.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and elsewhere as 
     appropriate, a request for applications to undertake projects 
     under the pilot program. Applications shall be due within 6 
     months of the publication of the notice.
       (2) Selection.--Not later than 6 months after the date by 
     which applications for grants are due, the Secretary shall 
     select by competitive, peer review all applications for 
     projects to be awarded a grant under the pilot program.
       (g) Limit on Funding.--The Secretary shall provide not less 
     than 20 percent and not more than 25 percent of the grant 
     funding made available under this section for the acquisition 
     of ultra-low sulfur diesel vehicles.

     SEC. 2104. REPORTS TO CONGRESS.

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

     SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle B--Distributed Power Hybrid Energy Systems

     SEC. 2121. FINDINGS.

       The Congress makes the following findings:
       (1) Our ability to take advantage of our renewable, 
     indigenous resources in a cost-effective manner can be 
     greatly advanced through systems that compensate for the 
     intermittent nature of these resources through distributed 
     power hybrid systems.
       (2) Distributed power hybrid systems can--
       (A) shelter consumers from temporary energy price 
     volatility created by supply and demand mismatches;
       (B) increase the reliability of energy supply; and
       (C) address significant local differences in power and 
     economic development needs and resource availability that 
     exist throughout the United States.
       (3) Realizing these benefits will require a concerted and 
     integrated effort to remove market barriers to adopting 
     distributed power hybrid systems by--
       (A) developing the technological foundation that enables 
     designing, testing, certifying, and operating distributed 
     power hybrid systems; and
       (B) providing the policy framework that reduces such 
     barriers.
       (4) While many of the individual distributed power hybrid 
     systems components are either available or under development 
     in existing private and public sector programs, the 
     capabilities to integrate these components into workable 
     distributed power hybrid systems that maximize benefits to 
     consumers in a safe manner often are not coherently being 
     addressed.

     SEC. 2122. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``distributed power hybrid system'' means a 
     system using 2 or more distributed power sources, operated 
     together with associated supporting equipment, including 
     storage equipment, and software necessary to provide electric 
     power onsite and to an electric distribution system; and
       (2) the term ``distributed power source'' means an 
     independent electric energy source of usually 10 megawatts or 
     less located close to a residential, commercial, or 
     industrial load center, including--
       (A) reciprocating engines;
       (B) turbines;
       (C) microturbines;
       (D) fuel cells;
       (E) solar electric systems;
       (F) wind energy systems;
       (G) biopower systems;
       (H) geothermal power systems; or
       (I) combined heat and power systems.

     SEC. 2123. STRATEGY.

       (a) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall develop and 
     transmit to the Congress a distributed power hybrid systems 
     strategy showing--
       (1) needs best met with distributed power hybrid systems 
     configurations, especially systems including one or more 
     solar or renewable power sources; and
       (2) technology gaps and barriers (including barriers to 
     efficient connection with the power grid) that hamper the use 
     of distributed power hybrid systems.
       (b) Elements.--The strategy shall provide for development 
     of--
       (1) system integration tools (including databases, computer 
     models, software, sensors, and controls) needed to plan, 
     design, build, and operate distributed power hybrid systems 
     for maximum benefits;
       (2) tests of distributed power hybrid systems, power parks, 
     and microgrids, including field tests and cost-shared 
     demonstrations with industry;
       (3) design tools to characterize the benefits of 
     distributed power hybrid systems for consumers, to reduce 
     testing needs, to speed commercialization, and to generate 
     data characterizing grid operations, including 
     interconnection requirements;
       (4) precise resource assessment tools to map local 
     resources for distributed power hybrid systems; and
       (5) a comprehensive research, development, demonstration, 
     and commercial application program to ensure the reliability, 
     efficiency, and environmental integrity of distributed energy 
     resources, focused on filling gaps in distributed power 
     hybrid systems technologies identified under subsection 
     (a)(2), which may include--
       (A) integration of a wide variety of advanced technologies 
     into distributed power hybrid systems;
       (B) energy storage devices;
       (C) environmental control technologies;
       (D) interconnection standards, protocols, and equipment; 
     and
       (E) ancillary equipment for dispatch and control.
       (c) Implementation and Integration.--The Secretary shall 
     implement the strategy

[[Page 15487]]

     transmitted under subsection (a) and the research program 
     under subsection (b)(5). Activities pursuant to the strategy 
     shall be integrated with other activities of the Department's 
     Office of Power Technologies.

     SEC. 2124. HIGH POWER DENSITY INDUSTRY PROGRAM.

       (a) In General.--The Secretary shall develop and implement 
     a comprehensive research, development, demonstration, and 
     commercial application program to improve energy efficiency, 
     reliability, and environmental responsibility in high power 
     density industries, such as data centers, server farms, 
     telecommunications facilities, and heavy industry.
       (b) Areas.--In carrying out this section, the Secretary 
     shall consider technologies that provide--
       (1) significant improvement in efficiency of high power 
     density facilities, and in data and telecommunications 
     centers, using advanced thermal control technologies;
       (2) significant improvements in air-conditioning efficiency 
     in facilities such as data centers and telecommunications 
     facilities;
       (3) significant advances in peak load reduction; and
       (4) advanced real time metering and load management and 
     control devices.
       (c) Implementation and Integration.--Activities pursuant to 
     this program shall be integrated with other activities of the 
     Department's Office of Power Technologies.

     SEC. 2125. MICRO-COGENERATION ENERGY TECHNOLOGY.

       The Secretary shall make competitive, merit-based grants to 
     consortia of private sector entities for the development of 
     micro-cogeneration energy technology. The consortia shall 
     explore the creation of small-scale combined heat and power 
     through the use of residential heating appliances. There are 
     authorized to be appropriated to the Secretary $20,000,000 to 
     carry out this section, to remain available until expended.

     SEC. 2126. PROGRAM PLAN.

       Within 4 months after the date of enactment of this Act, 
     the Secretary, in consultation with other appropriate Federal 
     agencies, shall prepare and transmit 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 the distributed energy 
     resources, power transmission, and high power density 
     industries to prioritize appropriate program areas. The 
     Secretary shall also seek the advice of utilities, energy 
     services providers, manufacturers, institutions of higher 
     learning, other appropriate State and local agencies, 
     environmental organizations, professional and technical 
     societies, and any other persons the Secretary considers 
     appropriate.

     SEC. 2127. REPORT.

       Two years after date of enactment of this Act and at two 
     year intervals thereafter, the Secretary, jointly with other 
     appropriate Federal agencies, shall transmit a report to 
     Congress describing the progress made to achieve the purposes 
     of this subtitle.

     SEC. 2128. VOLUNTARY CONSENSUS STANDARDS.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary, in consultation with the National 
     Institute of Standards and Technology, shall work with the 
     Institute of Electrical and Electronic Engineers and other 
     standards development organizations toward the development of 
     voluntary consensus standards for distributed energy systems 
     for use in manufacturing and using equipment and systems for 
     connection with electric distribution systems, for obtaining 
     electricity from, or providing electricity to, such systems.

           Subtitle C--Secondary Electric Vehicle Battery Use

     SEC. 2131. DEFINITIONS.

       For purposes of this subtitle, the term--
       (1) ``battery'' means an energy storage device that 
     previously has been used to provide motive power in a vehicle 
     powered in whole or in part by electricity; and
       (2) ``associated equipment'' means equipment located at the 
     location where the batteries will be used that is necessary 
     to enable the use of the energy stored in the batteries.

     SEC. 2132. ESTABLISHMENT OF SECONDARY ELECTRIC VEHICLE 
                   BATTERY USE PROGRAM.

       (a) Program.--The Secretary shall establish and conduct a 
     research, development, and demonstration program for the 
     secondary use of batteries where the original use of such 
     batteries was in transportation applications. Such program 
     shall be--
       (1) designed to demonstrate the use of batteries in 
     secondary application, including utility and commercial power 
     storage and power quality;
       (2) structured to evaluate the performance, including 
     longevity of useful service life and costs, of such batteries 
     in field operations, and evaluate the necessary supporting 
     infrastructure, including disposal and reuse of batteries; 
     and
       (3) coordinated with ongoing secondary battery use programs 
     underway at the national laboratories and in industry.
       (b) Solicitation.--(1) Not later than 6 months after the 
     date of the enactment of this Act, the Secretary shall 
     solicit proposals to demonstrate the secondary use of 
     batteries and associated equipment and supporting 
     infrastructure in geographic locations throughout the United 
     States. The Secretary may make additional solicitations for 
     proposals if the Secretary determines that such solicitations 
     are necessary to carry out this section.
       (2)(A) Proposals submitted in response to a solicitation 
     under this section shall include--
       (i) a description of the project, including the batteries 
     to be used in the project, the proposed locations and 
     applications for the batteries, the number of batteries to be 
     demonstrated, and the type, characteristics, and estimated 
     life-cycle costs of the batteries compared to other energy 
     storage devices currently used;
       (ii) the contribution, if any, of State or local 
     governments and other persons to the demonstration project;
       (iii) the type of associated equipment to be demonstrated 
     and the type of supporting infrastructure to be demonstrated; 
     and
       (iv) 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 batteries and associated equipment.
       (c) Selection of Proposals.--(1)(A) The Secretary shall, 
     not later than 3 months after the closing date established by 
     the Secretary for receipt of proposals under subsection (b), 
     select at least 5 proposals to receive financial assistance 
     under this section.
       (B) No one project selected under this section shall 
     receive more than 25 percent of the funds authorized under 
     this section. No more than 3 projects selected under this 
     section shall demonstrate the same battery type.
       (2) In selecting a proposal under this section, the 
     Secretary shall consider--
       (A) the ability of the proposer to acquire the batteries 
     and associated equipment and to successfully manage and 
     conduct the demonstration project, including the reporting 
     requirements set forth in paragraph (3)(B);
       (B) the geographic and climatic diversity of the projects 
     selected;
       (C) the long-term technical and competitive viability of 
     the batteries to be used in the project and of the original 
     manufacturer of such batteries;
       (D) the suitability of the batteries for their intended 
     uses;
       (E) the technical performance of the battery, including the 
     expected additional useful life and the battery's ability to 
     retain energy;
       (F) the environmental effects of the use of and disposal of 
     the batteries proposed to be used in the project selected;
       (G) the extent of involvement of State or local government 
     and other persons in the demonstration project and whether 
     such involvement will--
       (i) permit a reduction of the Federal cost share per 
     project; or
       (ii) otherwise be used to allow the Federal contribution to 
     be provided to demonstrate a greater number of batteries; and
       (H) such other criteria as the Secretary considers 
     appropriate.
       (3) Conditions.--The Secretary shall require that--
       (A) as a part of a demonstration project, the users of the 
     batteries provide to the proposer information regarding the 
     operation, maintenance, performance, and use of the 
     batteries, and the proposer provide such information to the 
     battery manufacturer, for 3 years after the beginning of the 
     demonstration project;
       (B) the proposer provide to the Secretary such information 
     regarding the operation, maintenance, performance, and use of 
     the batteries as the Secretary may request during the period 
     of the demonstration project; and
       (C) the proposer provide at least 50 percent of the costs 
     associated with the proposal.

     SEC. 2133. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary, 
     from amounts authorized under section 2161(a), for purposes 
     of this subtitle--
       (1) $1,000,000 for fiscal year 2002;
       (2) $7,000,000 for fiscal year 2003; and
       (3) $7,000,000 for fiscal year 2004.
     Such appropriations may remain available until expended.

                     Subtitle D--Green School Buses

     SEC. 2141. SHORT TITLE.

       This subtitle may be cited as the ``Clean Green School Bus 
     Act of 2001''.

     SEC. 2142. ESTABLISHMENT OF PILOT PROGRAM.

       (a) Establishment.--The Secretary shall establish a pilot 
     program for awarding grants on a competitive basis to 
     eligible entities for the demonstration and commercial 
     application of alternative fuel school buses and ultra-low 
     sulfur diesel school buses.
       (b) Requirements.--Not later than 3 months after the date 
     of the enactment of this Act, the Secretary shall establish 
     and publish in the Federal register grant requirements on 
     eligibility for assistance, and on implementation of the 
     program established under subsection (a), including 
     certification requirements to ensure compliance with this 
     subtitle.
       (c) Solicitation.--Not later than 6 months after the date 
     of the enactment of this Act, the Secretary shall solicit 
     proposals for grants under this section.

[[Page 15488]]

       (d) Eligible Recipients.--A grant shall be awarded under 
     this section only--
       (1) to a local governmental entity responsible for 
     providing school bus service for one or more public school 
     systems; or
       (2) jointly to an entity described in paragraph (1) and a 
     contracting entity that provides school bus service to the 
     public school system or systems.
       (e) Types of Grants.--
       (1) In general.--Grants under this section shall be for the 
     demonstration and commercial application of technologies to 
     facilitate the use of alternative fuel school buses and 
     ultra-low sulfur diesel school buses in lieu of buses 
     manufactured before model year 1977 and diesel-powered buses 
     manufactured before model year 1991.
       (2) No economic benefit.--Other than the receipt of the 
     grant, a recipient of a grant under this section may not 
     receive any economic benefit in connection with the receipt 
     of the grant.
       (3) Priority of grant applications.--The Secretary shall 
     give priority to awarding grants to applicants who can 
     demonstrate the use of alternative fuel buses and ultra-low 
     sulfur diesel school buses in lieu of buses manufactured 
     before model year 1977.
       (f) Conditions of Grant.--A grant provided under this 
     section shall include the following conditions:
       (1) All buses acquired with funds provided under the grant 
     shall be operated as part of the school bus fleet for which 
     the grant was made for a minimum of 5 years.
       (2) Funds provided under the grant may only be used--
       (A) to pay the cost, except as provided in paragraph (3), 
     of new alternative fuel school buses or ultra-low sulfur 
     diesel school buses, including State taxes and contract fees; 
     and
       (B) to provide--
       (i) up to 10 percent of the price of the alternative fuel 
     buses acquired, for necessary alternative fuel infrastructure 
     if the infrastructure will only be available to the grant 
     recipient; and
       (ii) up to 15 percent of the price of the alternative fuel 
     buses acquired, for necessary alternative fuel infrastructure 
     if the infrastructure will be available to the grant 
     recipient and to other bus fleets.
       (3) The grant recipient shall be required to provide at 
     least the lesser of 15 percent of the total cost of each bus 
     received or $15,000 per bus.
       (4) In the case of a grant recipient receiving a grant to 
     demonstrate ultra-low sulfur diesel school buses, the grant 
     recipient shall be required to provide documentation to the 
     satisfaction of the Secretary that diesel fuel containing 
     sulfur at not more than 15 parts per million is available for 
     carrying out the purposes of the grant, and a commitment by 
     the applicant to use such fuel in carrying out the purposes 
     of the grant.
       (g) Buses.--Funding under a grant made under this section 
     may be used to demonstrate the use only of new alternative 
     fuel school buses or ultra-low sulfur diesel school buses--
       (1) with a gross vehicle weight of greater than 14,000 
     pounds;
       (2) that are powered by a heavy duty engine;
       (3) that, in the case of alternative fuel school buses, 
     emit not more than--
       (A) for buses manufactured in model years 2001 and 2002, 
     2.5 grams per brake horsepower-hour of nonmethane 
     hydrocarbons and oxides of nitrogen and .01 grams per brake 
     horsepower-hour of particulate matter; and
       (B) for buses manufactured in model years 2003 through 
     2006, 1.8 grams per brake horsepower-hour of nonmethane 
     hydrocarbons and oxides of nitrogen and .01 grams per brake 
     horsepower-hour of particulate matter; and
       (4) that, in the case of ultra-low sulfur diesel school 
     buses, emit not more than--
       (A) for buses manufactured in model years 2001 through 
     2003, 3.0 grams per brake horsepower-hour of nonmethane 
     hydrocarbons and oxides of nitrogen and .01 grams per brake 
     horsepower-hour of particulate matter; and
       (B) for buses manufactured in model years 2004 through 
     2006, 2.5 grams per brake horsepower-hour of nonmethane 
     hydrocarbons and oxides of nitrogen and .01 grams per brake 
     horsepower-hour of particulate matter,
     except that under no circumstances shall buses be acquired 
     under this section that emit nonmethane hydrocarbons, oxides 
     of nitrogen, or particulate matter at a rate greater than the 
     best performing technology of ultra-low sulfur diesel school 
     buses commercially available at the time the grant is made.
       (h) Deployment and Distribution.--The Secretary shall seek 
     to the maximum extent practicable to achieve nationwide 
     deployment of alternative fuel school buses through the 
     program under this section, and shall ensure a broad 
     geographic distribution of grant awards, with a goal of no 
     State receiving more than 10 percent of the grant funding 
     made available under this section for a fiscal year.
       (i) Limit on Funding.--The Secretary shall provide not less 
     than 20 percent and not more than 25 percent of the grant 
     funding made available under this section for any fiscal year 
     for the acquisition of ultra-low sulfur diesel school buses.
       (j) Definitions.--For purposes of this section--
       (1) the term ``alternative fuel school bus'' means a bus 
     powered substantially by electricity (including electricity 
     supplied by a fuel cell), or by liquefied natural gas, 
     compressed natural gas, liquefied petroleum gas, hydrogen, 
     propane, or methanol or ethanol at no less than 85 percent by 
     volume; and
       (2) the term ``ultra-low sulfur diesel school bus'' means a 
     school bus powered by diesel fuel which contains sulfur at 
     not more than 15 parts per million.

     SEC. 2143. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION 
                   PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a program for entering into cooperative agreements 
     with private sector fuel cell bus developers for the 
     development of fuel cell-powered school buses, and 
     subsequently with not less than 2 units of local government 
     using natural gas-powered school buses and such private 
     sector fuel cell bus developers to demonstrate the use of 
     fuel cell-powered school buses.
       (b) Cost Sharing.--The non-Federal contribution for 
     activities funded under this section shall be not less than--
       (1) 20 percent for fuel infrastructure development 
     activities; and
       (2) 50 percent for demonstration activities and for 
     development activities not described in paragraph (1).
       (c) Funding.--No more than $25,000,000 of the amounts 
     authorized under section 2144 may be used for carrying out 
     this section for the period encompassing fiscal years 2002 
     through 2006.
       (d) Reports to Congress.--Not later than 3 years after the 
     date of the enactment of this Act, and not later than October 
     1, 2006, the Secretary shall transmit to the appropriate 
     congressional committees a report that--
       (1) evaluates the process of converting natural gas 
     infrastructure to accommodate fuel cell-powered school buses; 
     and
       (2) assesses the results of the development and 
     demonstration program under this section.

     SEC. 2144. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     for carrying out this subtitle, to remain available until 
     expended--
       (1) $40,000,000 for fiscal year 2002;
       (2) $50,000,000 for fiscal year 2003;
       (3) $60,000,000 for fiscal year 2004;
       (4) $70,000,000 for fiscal year 2005; and
       (5) $80,000,000 for fiscal year 2006.

            Subtitle E--Next Generation Lighting Initiative

     SEC. 2151. SHORT TITLE.

       This subtitle may be cited as ``Next Generation Lighting 
     Initiative Act''.

     SEC. 2152. DEFINITION.

       In this subtitle, the term ``Lighting Initiative'' means 
     the ``Next Generation Lighting Initiative'' established under 
     section 2153(a).

     SEC. 2153. NEXT GENERATION LIGHTING INITIATIVE.

       (a) Establishment.--The Secretary is authorized to 
     establish a lighting initiative to be known as the ``Next 
     Generation Lighting Initiative'' to research, develop, and 
     conduct demonstration activities on advanced lighting 
     technologies, including white light emitting diodes.
       (b) Research Objectives.--The research objectives of the 
     Lighting Initiative shall be to develop, by 2011, advanced 
     lighting technologies that, compared to incandescent and 
     fluorescent lighting technologies as of the date of the 
     enactment of this Act, are--
       (1) longer lasting;
       (2) more energy-efficient; and
       (3) cost-competitive.

     SEC. 2154. STUDY.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     other Federal agencies, as appropriate, shall complete a 
     study on strategies for the development and commercial 
     application of advanced lighting technologies. The Secretary 
     shall request a review by the National Academies of Sciences 
     and Engineering of the study under this subsection, and shall 
     transmit the results of the study to the appropriate 
     congressional committees.
       (b) Requirements.--The study shall--
       (1) develop a comprehensive strategy to implement the 
     Lighting Initiative; and
       (2) identify the research and development, manufacturing, 
     deployment, and marketing barriers that must be overcome to 
     achieve a goal of a 25 percent market penetration by advanced 
     lighting technologies into the incandescent and fluorescent 
     lighting market by the year 2012.
       (c) Implementation.--As soon as practicable after the 
     review of the study under subsection (a) is transmitted to 
     the Secretary by the National Academies of Sciences and 
     Engineering, the Secretary shall adapt the implementation of 
     the Lighting Initiative taking into consideration the 
     recommendations of the National Academies of Sciences and 
     Engineering.

     SEC. 2155. GRANT PROGRAM.

       (a) In General.--Subject to section 2603 of this Act, the 
     Secretary may make merit-based competitive grants to firms 
     and research organizations that conduct research, 
     development, and demonstration projects related to advanced 
     lighting technologies.
       (b) Annual Review.--
       (1) In general.--An annual independent review of the grant-
     related activities of firms and research organizations 
     receiving a grant under this section shall be conducted by a

[[Page 15489]]

     committee appointed by the Secretary under the Federal 
     Advisory Committee Act (5 U.S.C. App.), or, at the request of 
     the Secretary, a committee appointed by the National 
     Academies of Sciences and Engineering.
       (2) Requirements.--Using clearly defined standards 
     established by the Secretary, the review shall assess 
     technology advances and progress toward commercialization of 
     the grant-related activities of firms or research 
     organizations during each fiscal year of the grant program.
       (c) Technical and Financial Assistance.--The national 
     laboratories and other Federal agencies, as appropriate, 
     shall cooperate with and provide technical and financial 
     assistance to firms and research organizations conducting 
     research, development, and demonstration projects carried out 
     under this subtitle.

    Subtitle F--Department of Energy Authorization of Appropriations

     SEC. 2161. AUTHORIZATION OF APPROPRIATIONS.

       (a) Operation and Maintenance.--In addition to amounts 
     authorized to be appropriated under section 2105, section 
     2125, and section 2144, there are authorized to be 
     appropriated to the Secretary for subtitle B, subtitle C, 
     subtitle E, and for Energy Conservation operation and 
     maintenance (including Building Technology, State and 
     Community Sector (Nongrants), Industry Sector, Transportation 
     Sector, Power Technologies, and Policy and Management) 
     $625,000,000 for fiscal year 2002, $700,000,000 for fiscal 
     year 2003, and $800,000,000 for fiscal year 2004, to remain 
     available until expended.
       (b) Limits on Use of Funds.--None of the funds authorized 
     to be appropriated in subsection (a) may be used for--
       (1) Building Technology, State and Community Sector--
       (A) Residential Building Energy Codes;
       (B) Commercial Building Energy Codes;
       (C) Lighting and Appliance Standards;
       (D) Weatherization Assistance Program; or
       (E) State Energy Program; or
       (2) Federal Energy Management Program.

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

     SEC. 2171. SHORT TITLE.

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

     SEC. 2172. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administrator for Office of Air and Radiation Climate Change 
     Protection Programs $121,942,000 for fiscal year 2002, 
     $126,800,000 for fiscal year 2003, and $131,800,000 for 
     fiscal year 2004 to remain available until expended, of 
     which--
       (1) $52,731,000 for fiscal year 2002, $54,800,000 for 
     fiscal year 2003, and $57,000,000 for fiscal year 2004 shall 
     be for Buildings;
       (2) $32,441,000 for fiscal year 2002, $33,700,000 for 
     fiscal year 2003, and $35,000,000 for fiscal year 2004 shall 
     be for Transportation;
       (3) $27,295,000 for fiscal year 2002, $28,400,000 for 
     fiscal year 2003, and $29,500,000 for fiscal year 2004 shall 
     be for Industry;
       (4) $1,700,000 for fiscal year 2002, $1,800,000 for fiscal 
     year 2003, and $1,900,000 for fiscal year 2004 shall be for 
     Carbon Removal;
       (5) $2,500,000 for fiscal year 2002, $2,600,000 for fiscal 
     year 2003, and $2,700,000 for fiscal year 2004 shall be for 
     State and Local Climate; and
       (6) $5,275,000 for fiscal year 2002, $5,500,000 for fiscal 
     year 2003, and $5,700,000 for fiscal year 2004 shall be for 
     International Capacity Building.

     SEC. 2173. LIMITS ON USE OF FUNDS.

       (a) Production or Provision of Articles or Services.--None 
     of the funds authorized to be appropriated by this subtitle 
     may be used to produce or provide articles or services for 
     the purpose of selling the articles or services to a person 
     outside the Federal Government, unless the Administrator 
     determines that comparable articles or services are not 
     available from a commercial source in the United States.
       (b) Requests for Proposals.--None of the funds authorized 
     to be appropriated by this subtitle may be used by the 
     Environmental Protection Agency to prepare or initiate 
     Requests for Proposals for a program if the program has not 
     been authorized by Congress.

     SEC. 2174. COST SHARING.

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

     SEC. 2175. LIMITATION ON DEMONSTRATION AND COMMERCIAL 
                   APPLICATIONS OF ENERGY TECHNOLOGY.

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

     SEC. 2176. REPROGRAMMING.

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

     SEC. 2177. BUDGET REQUEST FORMAT.

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

     SEC. 2178. OTHER PROVISIONS.

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

          Subtitle H--National Building Performance Initiative

     SEC. 2181. NATIONAL BUILDING PERFORMANCE INITIATIVE.

       (a) Interagency Group.--Not later than 3 months after the 
     date of the enactment of this Act, the Director of the Office 
     of Science and Technology Policy shall establish an 
     Interagency Group responsible for the development and 
     implementation of a National Building Performance Initiative 
     to address energy conservation and research and development 
     and related issues. The National Institute of Standards and 
     Technology shall provide necessary administrative support for 
     the Interagency Group.
       (b) Plan.--Not later than 9 months after the date of the 
     enactment of this Act, the

[[Page 15490]]

     Interagency Group shall transmit to the Congress a multiyear 
     implementation plan describing the Federal role in reducing 
     the costs, including energy costs, of using, owning, and 
     operating commercial, institutional, residential, and 
     industrial buildings by 30 percent by 2020. The plan shall 
     include--
       (1) research, development, and demonstration of systems and 
     materials for new construction and retrofit, on the building 
     envelope and components; and
       (2) the collection and dissemination in a usable form of 
     research results and other pertinent information to the 
     design and construction industry, government officials, and 
     the general public.
       (c) National Building Performance Advisory Committee.--A 
     National Building Performance Advisory Committee shall be 
     established to advise on creation of the plan, review 
     progress made under the plan, advise on any improvements that 
     should be made to the plan, and report to the Congress on 
     actions that have been taken to advance the Nation's 
     capability in furtherance of the plan. The members shall 
     include representatives of a broad cross-section of interests 
     such as the research, technology transfer, architectural, 
     engineering, and financial communities; materials and systems 
     suppliers; State, county, and local governments; the 
     residential, multifamily, and commercial sectors of the 
     construction industry; and the insurance industry.
       (d) Report.--The Interagency Group shall, within 90 days 
     after the end of each fiscal year, transmit a report to the 
     Congress describing progress achieved during the preceding 
     fiscal year by government at all levels and by the private 
     sector, toward implementing the plan developed under 
     subsection (b), and including any amendments to the plan.

                       TITLE II--RENEWABLE ENERGY

                          Subtitle A--Hydrogen

     SEC. 2201. SHORT TITLE.

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

     SEC. 2202. PURPOSES.

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

     SEC. 2203. DEFINITIONS.

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

     SEC. 2204. REPORTS TO CONGRESS.

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

     ``SEC. 103. REPORTS TO CONGRESS.

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

     SEC. 2205. HYDROGEN RESEARCH AND DEVELOPMENT.

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

     ``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.

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

     SEC. 2206. DEMONSTRATIONS.

       Section 105 of the Spark M. Matsunaga Hydrogen Research, 
     Development, and Demonstration Act of 1990 is amended--
       (1) in subsection (a), by striking ``, preferably in self-
     contained locations,'';
       (2) in subsection (b), by striking ``at self-contained 
     sites'' and inserting ``, which shall include a fuel cell bus 
     demonstration program to address hydrogen production, 
     storage, and use in transit bus applications''; and
       (3) in subsection (c), by inserting ``Non-Federal Funding 
     Requirement.--'' after ``(c)''.

     SEC. 2207. TECHNOLOGY TRANSFER.

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

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

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

[[Page 15491]]



     SEC. 2208. COORDINATION AND CONSULTATION.

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

     SEC. 2209. ADVISORY COMMITTEE.

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

     ``SEC. 108. ADVISORY COMMITTEE.

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

     SEC. 2210. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 2211. REPEAL.

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

                         Subtitle B--Bioenergy

     SEC. 2221. SHORT TITLE.

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

     SEC. 2222. FINDINGS.

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

     SEC. 2223. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``bioenergy'' means energy derived from any 
     organic matter that is available on a renewable or recurring 
     basis, including agricultural crops and trees, wood and wood 
     wastes and residues, plants (including aquatic plants), 
     grasses, residues, fibers, and animal and other organic 
     wastes;
       (2) the term ``biofuels'' includes liquid or gaseous fuels, 
     industrial chemicals, or both;
       (3) the term ``biopower'' includes the generation of 
     electricity or process steam or both; and
       (4) the term ``integrated bioenergy research and 
     development'' includes biopower and biofuels applications.

     SEC. 2224. AUTHORIZATION.

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

     SEC. 2225. AUTHORIZATION OF APPROPRIATIONS.

       (a) Biopower Energy Systems.--There are authorized to be 
     appropriated to the Secretary for Biopower Energy Systems 
     programs, projects, and activities--
       (1) $45,700,000 for fiscal year 2002;
       (2) $52,500,000 for fiscal year 2003;
       (3) $60,300,000 for fiscal year 2004;
       (4) $69,300,000 for fiscal year 2005; and
       (5) $79,600,000 for fiscal year 2006.
       (b) Biofuels Energy Systems.--There are authorized to be 
     appropriated to the Secretary for biofuels energy systems 
     programs, projects, and activities--
       (1) $53,500,000 for fiscal year 2002;
       (2) $61,400,000 for fiscal year 2003;
       (3) $70,600,000 for fiscal year 2004;
       (4) $81,100,000 for fiscal year 2005; and
       (5) $93,200,000 for fiscal year 2006.
       (c) Integrated Bioenergy Research and Development.--There 
     are authorized to be appropriated to the Secretary for 
     integrated bioenergy research and development programs, 
     projects, and activities, $49,000,000 for each of the fiscal 
     years 2002 through 2006. Activities funded under this 
     subsection shall be coordinated with ongoing related programs 
     of other Federal agencies, including the Plant Genome Program 
     of the National Science Foundation.
       (d) Integrated Applications.--Amounts authorized to be 
     appropriated under this subtitle may be used to assist in the 
     planning, design, and implementation of projects to convert 
     rice straw and barley grain into biopower or biofuels.

            Subtitle C--Transmission Infrastructure Systems

     SEC. 2241. TRANSMISSION INFRASTRUCTURE SYSTEMS RESEARCH, 
                   DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL 
                   APPLICATION.

       (a) In General.--The Secretary shall develop and implement 
     a comprehensive research, development, demonstration, and 
     commercial application program to ensure the reliability, 
     efficiency, and environmental integrity of electrical 
     transmission systems. Such program shall include advanced 
     energy technologies and systems, high capacity 
     superconducting transmission lines and generators, advanced 
     grid reliability and efficiency technologies development, 
     technologies contributing to significant load reductions, 
     advanced metering, load management and control technologies, 
     and technology transfer and education.
       (b) Technology.--In carrying out this subtitle, the 
     Secretary may include research, development, and 
     demonstration on and commercial application of improved 
     transmission technologies including the integration of the 
     following technologies into improved transmission systems:
       (1) High temperature superconductivity.
       (2) Advanced transmission materials.
       (3) Self-adjusting equipment, processes, or software for 
     survivability, security, and failure containment.
       (4) Enhancements of energy transfer over existing lines.
       (5) Any other infrastructure technologies, as appropriate.

     SEC. 2242. PROGRAM PLAN.

       Within 4 months after the date of the enactment of this 
     Act, the Secretary, in consultation with other appropriate 
     Federal agencies, shall prepare and transmit to Congress a 5-
     year program plan to guide activities under this subtitle. In 
     preparing the program plan, the Secretary shall consult with 
     appropriate representatives of the transmission 
     infrastructure systems industry to select and prioritize 
     appropriate program areas. The Secretary shall also seek the 
     advice of utilities, energy services providers, 
     manufacturers, institutions of higher learning, other 
     appropriate State and local agencies, environmental 
     organizations, professional and technical societies, and any 
     other persons as the Secretary considers appropriate.

     SEC. 2243. REPORT.

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

    Subtitle D--Department of Energy Authorization of Appropriations

     SEC. 2261. AUTHORIZATION OF APPROPRIATIONS.

       (a) Operation and Maintenance.--There are authorized to be 
     appropriated to the Secretary for Renewable Energy operation 
     and maintenance, including activities under subtitle C, 
     Geothermal Technology Development, Hydropower, Concentrating 
     Solar Power, Photovoltaic Energy Systems, Solar Building 
     Technology Research, Wind Energy Systems, High Temperature 
     Superconducting Research and Development, Energy Storage 
     Systems, Transmission Reliability, International Renewable 
     Energy

[[Page 15492]]

     Program, Renewable Energy Production Incentive Program, 
     Renewable Program Support, National Renewable Energy 
     Laboratory, and Program Direction, and including amounts 
     authorized under the amendment made by section 2210 and 
     amounts authorized under section 2225, $535,000,000 for 
     fiscal year 2002, $639,000,000 for fiscal year 2003, and 
     $683,000,000 for fiscal year 2004, to remain available until 
     expended.
       (b) Wave Powered Electric Generation.--Within the amounts 
     authorized to be appropriated to the Secretary under 
     subsection (a), the Secretary shall carry out a research 
     program, in conjunction with other appropriate Federal 
     agencies, on wave powered electric generation.
       (c) Assessment of Renewable Energy Resources.--
       (1) In general.--Using funds authorized in subsection (a), 
     of this section, the Secretary shall transmit to the 
     Congress, within one year after the date of the enactment of 
     this Act, an assessment of all renewable energy resources 
     available within the United States.
       (2) Resource assessment.--Such report shall include a 
     detailed inventory describing the available amount and 
     characteristics of solar, wind, biomass, geothermal, 
     hydroelectric, and other renewable energy sources, and an 
     estimate of the costs needed to develop each resource. The 
     report shall also include such other information as the 
     Secretary believes would be useful in siting renewable energy 
     generation, such as appropriate terrain, population and load 
     centers, nearby energy infrastructure, and location of energy 
     resources.
       (3) Availability.--The information and cost estimates in 
     this report shall be updated annually and made available to 
     the public, along with the data used to create the report.
       (4) Sunset.--This subsection shall expire at the end of 
     fiscal year 2004.
       (d) Limits on Use of Funds.--None of the funds authorized 
     to be appropriated in subsection (a) may be used for--
       (1) Departmental Energy Management Program; or
       (2) Renewable Indian Energy Resources.

                       TITLE III--NUCLEAR ENERGY

         Subtitle A--University Nuclear Science and Engineering

     SEC. 2301. SHORT TITLE.

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

     SEC. 2302. FINDINGS.

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

     SEC. 2303. DEPARTMENT OF ENERGY PROGRAM.

       (a) Establishment.--The Secretary, through the Office of 
     Nuclear Energy, Science and Technology, shall support a 
     program to maintain the Nation's human resource investment 
     and infrastructure in the nuclear sciences and engineering 
     consistent with the Department's statutory authorities 
     related to civilian nuclear research, development, and 
     demonstration and commercial application of energy 
     technology.
       (b) Duties of the Office of Nuclear Energy, Science and 
     Technology.--In carrying out the program under this subtitle, 
     the Director of the Office of Nuclear Energy, Science and 
     Technology shall--
       (1) develop a robust graduate and undergraduate fellowship 
     program to attract new and talented students;
       (2) assist universities in recruiting and retaining new 
     faculty in the nuclear sciences and engineering through a 
     Junior Faculty Research Initiation Grant Program;
       (3) maintain a robust investment in the fundamental nuclear 
     sciences and engineering through the Nuclear Engineering 
     Education Research Program;
       (4) encourage collaborative nuclear research among 
     industry, national laboratories, and universities through the 
     Nuclear Energy Research Initiative;
       (5) assist universities in maintaining reactor 
     infrastructure; and
       (6) support communication and outreach related to nuclear 
     science and engineering.
       (c) Maintaining University Research and Training Reactors 
     and Associated Infrastructure.--The Secretary, through the 
     Office of Nuclear Energy, Science and Technology, shall 
     provide for the following university research and training 
     reactor infrastructure maintenance and research activities:
       (1) Refueling of university research reactors with low 
     enriched fuels, upgrade of operational instrumentation, and 
     sharing of reactors among universities.
       (2) In collaboration with the United States nuclear 
     industry, assistance, where necessary, in relicensing and 
     upgrading university training reactors as part of a student 
     training program.
       (3) A university reactor research and training award 
     program that provides for reactor improvements as part of a 
     focused effort that emphasizes research, training, and 
     education.
       (d) University-DOE Laboratory Interactions.--The Secretary, 
     through the Office of Nuclear Energy, Science and Technology, 
     shall develop--
       (1) a sabbatical fellowship program for university faculty 
     to spend extended periods of time at Department of Energy 
     laboratories in the areas of nuclear science and technology; 
     and
       (2) a visiting scientist program in which laboratory staff 
     can spend time in academic nuclear science and engineering 
     departments.
     The Secretary may under subsection (b)(1) provide for 
     fellowships for students to spend time at Department of 
     Energy laboratories in the areas of nuclear science and 
     technology under the mentorship of laboratory staff.
       (e) Operations and Maintenance.--To the extent that the use 
     of a university research reactor is funded under this 
     subtitle, funds authorized under this subtitle may be used to 
     supplement operation of the research reactor during the 
     investigator's proposed effort. The host institution shall 
     provide at least 50 percent of the cost of the reactor's 
     operation.
       (f) Merit Review Required.--All grants, contracts, 
     cooperative agreements, or other financial assistance awards 
     under this subtitle shall be made only after independent 
     merit review.
       (g) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall prepare and 
     transmit to the appropriate congressional committees a 5-year 
     plan on how the programs authorized in this subtitle will be 
     implemented. The plan shall include a review of the projected 
     personnel needs in the fields of nuclear science and 
     engineering and of the scope of nuclear science and 
     engineering education programs at the Department and other 
     Federal agencies.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS.

       (a) Total Authorization.--The following sums are authorized 
     to be appropriated to the Secretary, to remain available 
     until expended, for the purposes of carrying out this 
     subtitle:
       (1) $30,200,000 for fiscal year 2002.
       (2) $41,000,000 for fiscal year 2003.
       (3) $47,900,000 for fiscal year 2004.
       (4) $55,600,000 for fiscal year 2005.
       (5) $64,100,000 for fiscal year 2006.
       (b) Graduate and Undergraduate Fellowships.--Of the funds 
     authorized by subsection (a), the following sums are 
     authorized to be appropriated to carry out section 
     2303(b)(1):
       (1) $3,000,000 for fiscal year 2002.
       (2) $3,100,000 for fiscal year 2003.
       (3) $3,200,000 for fiscal year 2004.
       (4) $3,200,000 for fiscal year 2005.
       (5) $3,200,000 for fiscal year 2006.
       (c) Junior Faculty Research Initiation Grant Program.--Of 
     the funds authorized by subsection (a), the following sums 
     are authorized to be appropriated to carry out section 
     2303(b)(2):
       (1) $5,000,000 for fiscal year 2002.
       (2) $7,000,000 for fiscal year 2003.
       (3) $8,000,000 for fiscal year 2004.
       (4) $9,000,000 for fiscal year 2005.
       (5) $10,000,000 for fiscal year 2006.
       (d) Nuclear Engineering Education Research Program.--Of the 
     funds authorized by subsection (a), the following sums are 
     authorized to be appropriated to carry out section 
     2303(b)(3):
       (1) $8,000,000 for fiscal year 2002.
       (2) $12,000,000 for fiscal year 2003.
       (3) $13,000,000 for fiscal year 2004.
       (4) $15,000,000 for fiscal year 2005.
       (5) $20,000,000 for fiscal year 2006.
       (e) Communication and Outreach Related to Nuclear Science 
     and Engineering.--Of the funds authorized by subsection (a), 
     the following sums are authorized to be appropriated to carry 
     out section 2303(b)(5):
       (1) $200,000 for fiscal year 2002.
       (2) $200,000 for fiscal year 2003.
       (3) $300,000 for fiscal year 2004.
       (4) $300,000 for fiscal year 2005.
       (5) $300,000 for fiscal year 2006.
       (f) Refueling of University Research Reactors and 
     Instrumentation Upgrades.--Of the funds authorized by 
     subsection (a), the following sums are authorized to be 
     appropriated to carry out section 2303(c)(1):
       (1) $6,000,000 for fiscal year 2002.
       (2) $6,500,000 for fiscal year 2003.

[[Page 15493]]

       (3) $7,000,000 for fiscal year 2004.
       (4) $7,500,000 for fiscal year 2005.
       (5) $8,000,000 for fiscal year 2006.
       (g) Relicensing Assistance.--Of the funds authorized by 
     subsection (a), the following sums are authorized to be 
     appropriated to carry out section 2303(c)(2):
       (1) $1,000,000 for fiscal year 2002.
       (2) $1,100,000 for fiscal year 2003.
       (3) $1,200,000 for fiscal year 2004.
       (4) $1,300,000 for fiscal year 2005.
       (5) $1,300,000 for fiscal year 2006.
       (h) Reactor Research and Training Award Program.--Of the 
     funds authorized by subsection (a), the following sums are 
     authorized to be appropriated to carry out section 
     2303(c)(3):
       (1) $6,000,000 for fiscal year 2002.
       (2) $10,000,000 for fiscal year 2003.
       (3) $14,000,000 for fiscal year 2004.
       (4) $18,000,000 for fiscal year 2005.
       (5) $20,000,000 for fiscal year 2006.
       (i) University-DOE Laboratory Interactions.--Of the funds 
     authorized by subsection (a), the following sums are 
     authorized to be appropriated to carry out section 2303(d):
       (1) $1,000,000 for fiscal year 2002.
       (2) $1,100,000 for fiscal year 2003.
       (3) $1,200,000 for fiscal year 2004.
       (4) $1,300,000 for fiscal year 2005.
       (5) $1,300,000 for fiscal year 2006.

Subtitle B--Advanced Fuel Recycling Technology Research and Development 
                                Program

     SEC. 2321. PROGRAM.

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

    Subtitle C--Department of Energy Authorization of Appropriations

     SEC. 2341. NUCLEAR ENERGY RESEARCH INITIATIVE.

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

     SEC. 2342. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.

       (a) Program.--The Secretary, through the Office of Nuclear 
     Energy, Science and Technology, shall conduct a Nuclear 
     Energy Plant Optimization research and development program 
     jointly with industry and cost-shared by industry by at least 
     50 percent and subject to annual review by the Secretary's 
     Nuclear Energy Research Advisory Committee or other 
     independent entity, as appropriate.
       (b) Objectives.--The program shall be directed toward 
     accomplishing the objectives of--
       (1) managing long-term effects of component aging; and
       (2) improving the efficiency and productivity of existing 
     nuclear power stations.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       (1) $15,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal years 2003 and 
     2004.

     SEC. 2343. NUCLEAR ENERGY TECHNOLOGIES.

       (a) In General.--The Secretary, through the Office of 
     Nuclear Energy, Science and Technology, shall conduct a study 
     of Generation IV nuclear energy systems, including 
     development of a technology roadmap and performance of 
     research and development necessary to make an informed 
     technical decision regarding the most promising candidates 
     for commercial application.
       (b) Reactor Characteristics.--To the extent practicable, in 
     conducting the study under subsection (a), the Secretary 
     shall study nuclear energy systems that offer the highest 
     probability of achieving the goals for Generation IV nuclear 
     energy systems, including--
       (1) economics competitive with any other generators;
       (2) enhanced safety features, including passive safety 
     features;
       (3) substantially reduced production of high-level waste, 
     as compared with the quantity of waste produced by reactors 
     in operation on the date of enactment of this Act;
       (4) highly proliferation-resistant fuel and waste;
       (5) sustainable energy generation including optimized fuel 
     utilization; and
       (6) substantially improved thermal efficiency, as compared 
     with the thermal efficiency of reactors in operation on the 
     date of enactment of this Act.
       (c) Consultation.--In conducting the study under subsection 
     (a), the Secretary shall consult with appropriate 
     representatives of industry, institutions of higher 
     education, Federal agencies, and international, professional, 
     and technical organizations.
       (d) Report.--
       (1) In general.--Not later than December 31, 2002, the 
     Secretary shall transmit to the appropriate congressional 
     committees a report describing the activities of the 
     Secretary under this section, and plans for research and 
     development leading to a public/private cooperative 
     demonstration of one or more Generation IV nuclear energy 
     systems.
       (2) Contents.--The report shall contain--
       (A) an assessment of all available technologies;
       (B) a summary of actions needed for the most promising 
     candidates to be considered as viable commercial options 
     within the five to ten years after the date of the report, 
     with consideration of regulatory, economic, and technical 
     issues;
       (C) a recommendation of not more than three promising 
     Generation IV nuclear energy system concepts for further 
     development;
       (D) an evaluation of opportunities for public/private 
     partnerships;
       (E) a recommendation for structure of a public/private 
     partnership to share in development and construction costs;
       (F) a plan leading to the selection and conceptual design, 
     by September 30, 2004, of at least one Generation IV nuclear 
     energy system concept recommended under subparagraph (C) for 
     demonstration through a public/private partnership;
       (G) an evaluation of opportunities for siting demonstration 
     facilities on Department of Energy land; and
       (H) a recommendation for appropriate involvement of other 
     Federal agencies.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     and to carry out the recommendations in the report 
     transmitted under subsection (d)--
       (1) $20,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for fiscal year 2003 and 
     fiscal year 2004.

     SEC. 2344. AUTHORIZATION OF APPROPRIATIONS.

       (a) Operation and Maintenance.--There are authorized to be 
     appropriated to the Secretary to carry out activities 
     authorized under this title for nuclear energy operation and 
     maintenance, including amounts authorized under sections 
     2304(a), 2321(c), 2341(c), 2342(c), and 2343(e), and 
     including Advanced Radioisotope Power Systems, Test Reactor 
     Landlord, and Program Direction, $191,200,000 for fiscal year 
     2002, $199,000,000 for fiscal year 2003, and $207,000,000 for 
     fiscal year 2004, to remain available until expended.
       (b) Construction.--There are authorized to be appropriated 
     to the Secretary--
       (1) $950,000 for fiscal year 2002, $2,200,000 for fiscal 
     year 2003, $1,246,000 for fiscal year 2004, and $1,699,000 
     for fiscal year 2005 for completion of construction of 
     Project 99-E-200, Test Reactor Area Electric Utility Upgrade, 
     Idaho National Engineering and Environmental Laboratory; and
       (2) $500,000 for fiscal year 2002, $500,000 for fiscal year 
     2003, $500,000 for fiscal year 2004, and $500,000 for fiscal 
     year 2005, for completion of construction of Project 95-E-
     201, Test Reactor Area Fire and Life Safety Improvements, 
     Idaho National Engineering and Environmental Laboratory.
       (c) Limits on Use of Funds.--None of the funds authorized 
     to be appropriated in subsection (a) may be used for--
       (1) Nuclear Energy Isotope Support and Production;
       (2) Argonne National Laboratory-West Operations;
       (3) Fast Flux Test Facility; or
       (4) Nuclear Facilities Management.

[[Page 15494]]



                        TITLE IV--FOSSIL ENERGY

                            Subtitle A--Coal

     SEC. 2401. COAL AND RELATED TECHNOLOGIES PROGRAMS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $172,000,000 for fiscal 
     year 2002, $179,000,000 for fiscal year 2003, and 
     $186,000,000 for fiscal year 2004, to remain available until 
     expended, for other coal and related technologies research 
     and development programs, which shall include--
       (1) Innovations for Existing Plants;
       (2) Integrated Gasification Combined Cycle;
       (3) advanced combustion systems;
       (4) Turbines;
       (5) Sequestration Research and Development;
       (6) innovative technologies for demonstration;
       (7) Transportation Fuels and Chemicals;
       (8) Solid Fuels and Feedstocks;
       (9) Advanced Fuels Research; and
       (10) Advanced Research.
       (b) Limit on use of Funds.--Notwithstanding subsection (a), 
     no funds may be used to carry out the activities authorized 
     by this section after September 30, 2002, unless the 
     Secretary has transmitted to the Congress the report required 
     by this subsection and 1 month has elapsed since that 
     transmission. The report shall include a plan containing--
       (1) a detailed description of how proposals will be 
     solicited and evaluated, including a list of all activities 
     expected to be undertaken;
       (2) a detailed list of technical milestones for each coal 
     and related technology that will be pursued;
       (3) a description of how the programs authorized in this 
     subsection will be carried out so as to complement and not 
     duplicate activities authorized under division E.

                        Subtitle B--Oil and Gas

     SEC. 2421. PETROLEUM-OIL TECHNOLOGY.

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

     SEC. 2422. GAS.

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

        Subtitle C--Ultra-Deepwater and Unconventional Drilling

     SEC. 2441. SHORT TITLE.

       This subtitle may be cited as the ``Natural Gas and Other 
     Petroleum Research, Development, and Demonstration Act of 
     2001''.

     SEC. 2442. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``deepwater'' means water depths greater than 
     200 meters but less than 1,500 meters;
       (2) the term ``Fund'' means the Ultra-Deepwater and 
     Unconventional Gas Research Fund established under section 
     2450;
       (3) the term ``institution of higher education'' has the 
     meaning given that term in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001);
       (4) the term ``Research Organization'' means the Research 
     Organization created pursuant to section 2446(a);
       (5) the term ``ultra-deepwater'' means water depths greater 
     than 1,500 meters; and
       (6) the term ``unconventional'' means located in heretofore 
     inaccessible or uneconomic formations on land.

     SEC. 2443. ULTRA-DEEPWATER PROGRAM.

       The Secretary shall establish a program of research, 
     development, and demonstration of ultra-deepwater natural gas 
     and other petroleum exploration and production technologies, 
     in areas currently available for Outer Continental Shelf 
     leasing. The program shall be carried out by the Research 
     Organization as provided in this subtitle.

     SEC. 2444. NATIONAL ENERGY TECHNOLOGY LABORATORY.

       The National Energy Technology Laboratory and the United 
     States Geological Survey, when appropriate, shall carry out 
     programs of long-term research into new natural gas and other 
     petroleum exploration and production technologies and 
     environmental mitigation technologies for production from 
     unconventional and ultra-deepwater resources, including 
     methane hydrates. Such Laboratory shall also conduct a 
     program of research, development, and demonstration of new 
     technologies for the reduction of greenhouse gas emissions 
     from unconventional and ultra-deepwater natural gas or other 
     petroleum exploration and production activities, including 
     sub-sea floor carbon sequestration technologies.

     SEC. 2445. ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary shall, within 3 months 
     after the date of the enactment of this Act, establish an 
     Advisory Committee consisting of 7 members, each having 
     extensive operational knowledge of and experience in the 
     natural gas and other petroleum exploration and production 
     industry who are not Federal Government employees or 
     contractors. A minimum of 4 members shall have extensive 
     knowledge of ultra-deepwater natural gas or other petroleum 
     exploration and production technologies, a minimum of 2 
     members shall have extensive knowledge of unconventional 
     natural gas or other petroleum exploration and production 
     technologies, and at least 1 member shall have extensive 
     knowledge of greenhouse gas emission reduction technologies, 
     including carbon sequestration.
       (b) Function.--The Advisory Committee shall advise the 
     Secretary on the selection of an organization to create the 
     Research Organization and on the implementation of this 
     subtitle.
       (c) Compensation.--Members of the Advisory Committee shall 
     serve without compensation but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     applicable provisions under subchapter I of chapter 57 of 
     title 5, United States Code.
       (d) Administrative Costs.--The costs of activities carried 
     out by the Secretary and the Advisory Committee under this 
     subtitle shall be paid or reimbursed from the Fund.
       (e) Duration of Advisory Committee.--Section 14 of the 
     Federal Advisory Committee Act shall not apply to the 
     Advisory Committee.

     SEC. 2446. RESEARCH ORGANIZATION.

       (a) Selection of Research Organization.--The Secretary, 
     within 6 months after the date of the enactment of this Act, 
     shall solicit proposals from eligible entities for the 
     creation of the Research Organization, and within 3 months 
     after such solicitation, shall select an entity to create the 
     Research Organization.
       (b) Eligible Entities.--Entities eligible to create the 
     Research Organization shall--
       (1) have been in existence as of the date of the enactment 
     of this Act;
       (2) be entities exempt from tax under section 501(c)(3) of 
     the Internal Revenue Code of 1986; and
       (3) be experienced in planning and managing programs in 
     natural gas or other petroleum exploration and production 
     research, development, and demonstration.
       (c) Proposals.--A proposal from an entity seeking to create 
     the Research Organization shall include a detailed 
     description of the proposed membership and structure of the 
     Research Organization.
       (d) Functions.--The Research Organization shall--
       (1) award grants on a competitive basis to qualified--
       (A) research institutions;
       (B) institutions of higher education;
       (C) companies; and
       (D) consortia formed among institutions and companies 
     described in subparagraphs (A) through (C) for the purpose of 
     conducting research, development, and demonstration of 
     unconventional and ultra-deepwater natural gas or other 
     petroleum exploration and production technologies; and
       (2) review activities under those grants to ensure that 
     they comply with the requirements of this subtitle and serve 
     the purposes for which the grant was made.

     SEC. 2447. GRANTS.

       (a) Types of Grants.--
       (1) Unconventional.--The Research Organization shall award 
     grants for research, development, and demonstration of 
     technologies to maximize the value of the Government's 
     natural gas and other petroleum resources in unconventional 
     reservoirs, and to develop technologies to increase the 
     supply of natural gas and other petroleum resources by 
     lowering the cost and improving the efficiency of exploration 
     and production of unconventional reservoirs, while improving 
     safety and minimizing environmental impacts.
       (2) Ultra-deepwater.--The Research Organization shall award 
     grants for research, development, and demonstration of 
     natural gas or other petroleum exploration and production 
     technologies to--
       (A) maximize the value of the Federal Government's natural 
     gas and other petroleum resources in the ultra-deepwater 
     areas;
       (B) increase the supply of natural gas and other petroleum 
     resources by lowering the cost and improving the efficiency 
     of exploration and production of ultra-deepwater reservoirs; 
     and
       (C) improve safety and minimize the environmental impacts 
     of ultra-deepwater developments.
       (3) Ultra-deepwater architecture.--The Research 
     Organization shall award a grant to one or more consortia 
     described in section 2446(d)(1)(D) for the purpose of 
     developing and demonstrating the next generation architecture 
     for ultra-deepwater production of natural gas and other 
     petroleum in furtherance of the purposes stated in paragraph 
     (2)(A) through (C).
       (b) Conditions for Grants.--Grants provided under this 
     section shall contain the following conditions:
       (1) If the grant recipient consists of more than one 
     entity, the recipient shall provide a signed contract agreed 
     to by all participating members clearly defining all rights 
     to intellectual property for existing technology and for 
     future inventions conceived and developed using funds 
     provided under the

[[Page 15495]]

     grant, in a manner that is consistent with applicable laws.
       (2) There shall be a repayment schedule for Federal dollars 
     provided for demonstration projects under the grant in the 
     event of a successful commercialization of the demonstrated 
     technology. Such repayment schedule shall provide that the 
     payments are made to the Secretary with the express intent 
     that these payments not impede the adoption of the 
     demonstrated technology in the marketplace. In the event that 
     such impedance occurs due to market forces or other factors, 
     the Research Organization shall renegotiate the grant 
     agreement so that the acceptance of the technology in the 
     marketplace is enabled.
       (3) Applications for grants for demonstration projects 
     shall clearly state the intended commercial applications of 
     the technology demonstrated.
       (4) The total amount of funds made available under a grant 
     provided under subsection (a)(3) shall not exceed 50 percent 
     of the total cost of the activities for which the grant is 
     provided.
       (5) The total amount of funds made available under a grant 
     provided under subsection (a)(1) or (2) shall not exceed 50 
     percent of the total cost of the activities covered by the 
     grant, except that the Research Organization may elect to 
     provide grants covering a higher percentage, not to exceed 90 
     percent, of total project costs in the case of grants made 
     solely to independent producers.
       (6) An appropriate amount of funds provided under a grant 
     shall be used for the broad dissemination of technologies 
     developed under the grant to interested institutions of 
     higher education, industry, and appropriate Federal and State 
     technology entities to ensure the greatest possible benefits 
     for the public and use of government resources.
       (7) Demonstrations of ultra-deepwater technologies for 
     which funds are provided under a grant may be conducted in 
     ultra-deepwater or deepwater locations.
       (c) Allocation of Funds.--Funds available for grants under 
     this subtitle shall be allocated as follows:
       (1) 15 percent shall be for grants under subsection (a)(1).
       (2) 15 percent shall be for grants under subsection (a)(2).
       (3) 60 percent shall be for grants under subsection (a)(3).
       (4) 10 percent shall be for carrying out section 2444.

     SEC. 2448. PLAN AND FUNDING.

       (a) Transmittal to Secretary.--The Research Organization 
     shall transmit to the Secretary an annual plan proposing 
     projects and funding of activities under each paragraph of 
     section 2447(a).
       (b) Review.--The Secretary shall have 1 month to review the 
     annual plan, and shall approve the plan, if it is consistent 
     with this subtitle. If the Secretary approves the plan, the 
     Secretary shall provide funding as proposed in the plan.
       (c) Disapproval.--If the Secretary does not approve the 
     plan, the Secretary shall notify the Research Organization of 
     the reasons for disapproval and shall withhold funding until 
     a new plan is submitted which the Secretary approves. Within 
     1 month after notifying the Research Organization of a 
     disapproval, the Secretary shall notify the appropriate 
     congressional committees of the disapproval.

     SEC. 2449. AUDIT.

       The Secretary shall retain an independent, commercial 
     auditor to determine the extent to which the funds authorized 
     by this subtitle have been expended in a manner consistent 
     with the purposes of this subtitle. The auditor shall 
     transmit a report annually to the Secretary, who shall 
     transmit the report to the appropriate congressional 
     committees, along with a plan to remedy any deficiencies 
     cited in the report.

     SEC. 2450. FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Ultra-Deepwater 
     and Unconventional Gas Research Fund'' which shall be 
     available for obligation to the extent provided in advance in 
     appropriations Acts for allocation under section 2447(c).
       (b) Funding Sources.--
       (1) Loans from treasury.--There are authorized to be 
     appropriated to the Secretary $900,000,000 for the period 
     encompassing fiscal years 2002 through 2009. Such amounts 
     shall be deposited by the Secretary in the Fund, and shall be 
     considered loans from the Treasury. Income received by the 
     United States in connection with any ultra-deepwater oil and 
     gas leases shall be deposited in the Treasury and considered 
     as repayment for the loans under this paragraph.
       (2) Additional appropriations.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for the fiscal years 2002 through 2009, to be deposited in 
     the Fund.
       (3) Oil and gas lease income.--To the extent provided in 
     advance in appropriations Acts, not more than 7.5 percent of 
     the income of the United States from Federal oil and gas 
     leases may be deposited in the Fund for fiscal years 2002 
     through 2009.

     SEC. 2451. SUNSET.

       No funds are authorized to be appropriated for carrying out 
     this subtitle after fiscal year 2009. The Research 
     Organization shall be terminated when it has expended all 
     funds made available pursuant to this subtitle.

                         Subtitle D--Fuel Cells

     SEC. 2461. FUEL CELLS.

       (a) In General.--The Secretary shall conduct a program of 
     research, development, demonstration, and commercial 
     application on fuel cells. The program shall address--
       (1) Advanced Research;
       (2) Systems Development;
       (3) Vision 21-Hybrids; and
       (4) Innovative Concepts.
       (b) Manufacturing Production and Processes.--In addition to 
     the program under subsection (a), the Secretary, in 
     consultation other Federal agencies, as appropriate, shall 
     establish a program for the demonstration of fuel cell 
     technologies, including fuel cell proton exchange membrane 
     technology, for commercial, residential, and transportation 
     applications. The program shall specifically focus on 
     promoting the application of and improved manufacturing 
     production and processes for fuel cell technologies.
       (c) Authorization of Appropriations.--Within the amounts 
     authorized to be appropriated under section 2481(a), there 
     are authorized to be appropriated to the Secretary for the 
     purpose of carrying out subsection (b), $28,000,000 for each 
     of fiscal years 2002 through 2004.

    Subtitle E--Department of Energy Authorization of Appropriations

     SEC. 2481. AUTHORIZATION OF APPROPRIATIONS.

       (a) Operation and Maintenance.--There are authorized to be 
     appropriated to the Secretary for operation and maintenance 
     for subtitle B and subtitle D, and for Fossil Energy Research 
     and Development Headquarters Program Direction, Field Program 
     Direction, Plant and Capital Equipment, Cooperative Research 
     and Development, Import/Export Authorization, and Advanced 
     Metallurgical Processes $282,000,000 for fiscal year 2002, 
     $293,000,000 for fiscal year 2003, and $305,000,000 for 
     fiscal year 2004, to remain available until expended.
       (b) Limits on Use of Funds.--None of the funds authorized 
     to be appropriated in subsection (a) may be used for--
       (1) Gas Hydrates.
       (2) Fossil Energy Environmental Restoration; or
       (3) research, development, demonstration, and commercial 
     application on coal and related technologies, including 
     activities under subtitle A.

                            TITLE V--SCIENCE

                   Subtitle A--Fusion Energy Sciences

     SEC. 2501. SHORT TITLE.

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

     SEC. 2502. FINDINGS.

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

     SEC. 2503. PLAN FOR FUSION EXPERIMENT.

       (a) Plan for United States Fusion Experiment.--The 
     Secretary, on the basis of full consultation with the Fusion 
     Energy Sciences Advisory Committee and the Secretary of 
     Energy Advisory Board, as appropriate, shall develop a plan 
     for United States construction of a magnetic fusion burning 
     plasma experiment for the purpose of accelerating scientific 
     understanding of fusion

[[Page 15496]]

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

     SEC. 2504. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary, in full consultation with FESAC, 
     shall develop and transmit to the Congress a plan for the 
     purpose of ensuring a strong scientific base for the Fusion 
     Energy Sciences Program and to enable the experiments 
     described in section 2503. Such plan shall include as its 
     objectives--
       (1) to ensure that existing fusion research facilities and 
     equipment are more fully utilized with appropriate 
     measurements and control tools;
       (2) to ensure a strengthened fusion science theory and 
     computational base;
       (3) to ensure that the selection of and funding for new 
     magnetic and inertial fusion research facilities is based on 
     scientific innovation and cost effectiveness;
       (4) to improve the communication of scientific results and 
     methods between the fusion science community and the wider 
     scientific community;
       (5) to ensure that adequate support is provided to optimize 
     the design of the magnetic fusion burning plasma experiments 
     referred to in section 2503;
       (6) to ensure that inertial confinement fusion facilities 
     are utilized to the extent practicable for the purpose of 
     inertial fusion energy research and development;
       (7) to develop a roadmap for a fusion-based energy source 
     that shows the important scientific questions, the evolution 
     of confinement configurations, the relation between these two 
     features, and their relation to the fusion energy goal;
       (8) to establish several new centers of excellence, 
     selected through a competitive peer-review process and 
     devoted to exploring the frontiers of fusion science;
       (9) to ensure that the National Science Foundation, and 
     other agencies, as appropriate, play a role in extending the 
     reach of fusion science and in sponsoring general plasma 
     science; and
       (10) to ensure that there be continuing broad assessments 
     of the outlook for fusion energy and periodic external 
     reviews of fusion energy sciences.

     SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.

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

                 Subtitle B--Spallation Neutron Source

     SEC. 2521. DEFINITION.

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

     SEC. 2522. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 2523. REPORT.

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

     SEC. 2524. LIMITATIONS.

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

      Subtitle C--Facilities, Infrastructure, and User Facilities

     SEC. 2541. DEFINITION.

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

     SEC. 2542. FACILITY AND INFRASTRUCTURE SUPPORT FOR 
                   NONMILITARY ENERGY LABORATORIES.

       (a) Facility Policy.--The Secretary shall develop and 
     implement a least-cost nonmilitary energy laboratory facility 
     and infrastructure strategy for--
       (1) maintaining existing facilities and infrastructure, as 
     needed;
       (2) closing unneeded facilities;
       (3) making facility modifications; and
       (4) building new facilities.
       (b) Plan.--The Secretary shall prepare a comprehensive 10-
     year plan for conducting future facility maintenance, making 
     repairs, modifications, and new additions, and constructing 
     new facilities at each nonmilitary energy laboratory. Such 
     plan shall provide for facilities work in accordance with the 
     following priorities:
       (1) Providing for the safety and health of employees, 
     visitors, and the general public with regard to correcting 
     existing structural, mechanical, electrical, and 
     environmental deficiencies.
       (2) Providing for the repair and rehabilitation of existing 
     facilities to keep them in use and prevent deterioration, if 
     feasible.
       (3) Providing engineering design and construction services 
     for those facilities that require modification or additions 
     in order to meet the needs of new or expanded programs.
       (c) Report.--
       (1) Transmittal.--Within 1 year after the date of the 
     enactment of this Act, the Secretary shall prepare and 
     transmit to the appropriate congressional committees a report 
     containing the plan prepared under subsection (b).
       (2) Contents.--For each nonmilitary energy laboratory, such 
     report shall contain--
       (A) the current priority list of proposed facilities and 
     infrastructure projects, including cost and schedule 
     requirements;
       (B) a current ten-year plan that demonstrates the 
     reconfiguration of its facilities and infrastructure to meet 
     its missions and to address its long-term operational costs 
     and return on investment;
       (C) the total current budget for all facilities and 
     infrastructure funding; and

[[Page 15497]]

       (D) the current status of each facilities and 
     infrastructure project compared to the original baseline 
     cost, schedule, and scope.
       (3) Additional elements.--The report shall also--
       (A) include a plan for new facilities and facility 
     modifications at each nonmilitary energy laboratory that will 
     be required to meet the Department's changing missions of the 
     twenty-first century, including schedules and estimates for 
     implementation, and including a section outlining long-term 
     funding requirements consistent with anticipated budgets and 
     annual authorization of appropriations;
       (B) address the coordination of modernization and 
     consolidation of facilities among the nonmilitary energy 
     laboratories in order to meet changing mission requirements; 
     and
       (C) provide for annual reports to the appropriate 
     congressional committees on accomplishments, conformance to 
     schedules, commitments, and expenditures.

     SEC. 2543. USER FACILITIES.

       (a) Notice Requirement.--When the Department makes a user 
     facility available to universities and other potential users, 
     or seeks input from universities and other potential users 
     regarding significant characteristics or equipment in a user 
     facility or a proposed user facility, the Department shall 
     ensure broad public notice of such availability or such need 
     for input to universities and other potential users.
       (b) Competition Requirement.--When the Department considers 
     the participation of a university or other potential user in 
     the establishment or operation of a user facility, the 
     Department shall employ full and open competition in 
     selecting such a participant.
       (c) Prohibition.--The Department may not redesignate a user 
     facility, as defined by section 2541(b) as something other 
     than a user facility for avoid the requirements of 
     subsections (a) and (b).

            Subtitle D--Advisory Panel on Office of Science

     SEC. 2561. ESTABLISHMENT.

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

     SEC. 2562. REPORT.

       Within 6 months after the date of the enactment of this 
     Act, the Advisory Panel shall transmit its findings and 
     recommendations in a report to the Director of the Office of 
     Science and Technology Policy and the Secretary. The Director 
     and the Secretary shall jointly--
       (1) consider each of the Panel's findings and 
     recommendations, and comment on each as they consider 
     appropriate; and
       (2) transmit the Panel's report and the comments of the 
     Director and the Secretary on the report to the appropriate 
     congressional committees within 9 months after the date of 
     the enactment of this Act.

    Subtitle E--Department of Energy Authorization of Appropriations

     SEC. 2581. AUTHORIZATION OF APPROPRIATIONS.

       (a) Operation and maintenance.--Including the amounts 
     authorized to be appropriated for fiscal year 2002 under 
     section 2505 for Fusion Energy Sciences and under section 
     2522(b) for the Spallation Neutron Source, there are 
     authorized to be appropriated to the Secretary for the Office 
     of Science (also including subtitle C, High Energy Physics, 
     Nuclear Physics, Biological and Environmental Research, Basic 
     Energy Sciences (except for the Spallation Neutron Source), 
     Advanced Scientific Computing Research, Energy Research 
     Analysis, Multiprogram Energy Laboratories-Facilities 
     Support, Facilities and Infrastructure, Safeguards and 
     Security, and Program Direction) operation and maintenance 
     $3,299,558,000 for fiscal year 2002, to remain available 
     until expended.
       (b) Research Regarding Precious Metal Catalysis.--Within 
     the amounts authorized to be appropriated to the Secretary 
     under subsection (a), $5,000,000 for fiscal year 2002 may be 
     used to carry out research in the use of precious metals 
     (excluding platinum, palladium, and rhodium) in catalysis, 
     either directly though national laboratories, or through the 
     award of grants, cooperative agreements, or contracts with 
     public or nonprofit entities.
       (c) Construction.--In addition to the amounts authorized to 
     be appropriated under section 2522(a) for construction of the 
     Spallation Neutron Source, there are authorized to be 
     appropriated to the Secretary for Science--
       (1) $11,400,000 for fiscal year 2002 for completion of 
     construction of Project 98-G-304, Neutrinos at the Main 
     Injector, Fermi National Accelerator Laboratory;
       (2) $11,405,000 for fiscal year 2002 for completion of 
     construction of Project 01-E-300, Laboratory for Comparative 
     and Functional Genomics, Oak Ridge National Laboratory;
       (3) $4,000,000 for fiscal year 2002, $8,000,000 for fiscal 
     year 2003, and $2,000,000 for fiscal year 2004 for completion 
     of construction of Project 02-SC-002, Project Engineering 
     Design (PED), Various Locations;
       (4) $3,183,000 for fiscal year 2002 for completion of 
     construction of Project 02-SC-002, Multiprogram Energy 
     Laboratories Infrastructure Project Engineering Design (PED), 
     Various Locations; and
       (5) $18,633,000 for fiscal year 2002 and $13,029,000 for 
     fiscal year 2003 for completion of construction of Project 
     MEL-001, Multiprogram Energy Laboratories, Infrastructure, 
     Various Locations.
       (d) Limits on Use of Funds.--None of the funds authorized 
     to be appropriated in subsection (c) may be used for 
     construction at any national security laboratory as defined 
     in section 3281(1) of the National Defense Authorization Act 
     for Fiscal Year 2000 (50 U.S.C. 2471(1)) or at any nuclear 
     weapons production facility as defined in section 3281(2) of 
     the National Defense Authorization Act for Fiscal Year 2000 
     (50 U.S.C. 2471(2)).

                        TITLE VI--MISCELLANEOUS

      Subtitle A--General Provisions for the Department of Energy

     SEC. 2601. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
                   COMMERCIAL APPLICATION OF ENERGY TECHNOLOGY 
                   PROGRAMS, PROJECTS, AND ACTIVITIES.

       (a) Authorized Activities.--Except as otherwise provided in 
     this division, research, development, demonstration, and 
     commercial application programs, projects, and activities for 
     which appropriations are authorized under this division may 
     be carried out under the procedures of the Federal Nonnuclear 
     Energy Research and Development Act of 1974 (42 U.S.C. 5901 
     et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
     seq.), or any other Act under which the Secretary is 
     authorized to carry out such programs, projects, and 
     activities, but only to the extent the Secretary is 
     authorized to carry out such activities under each such Act.
       (b) Authorized Agreements.--Except as otherwise provided in 
     this division, in carrying out research, development, 
     demonstration, and commercial application programs, projects, 
     and activities for which appropriations are authorized under 
     this division, the Secretary may use, to the extent 
     authorized under applicable provisions of law, contracts, 
     cooperative agreements, cooperative research and development 
     agreements under the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3701 et seq.), grants, joint ventures, 
     and any other form of agreement available to the Secretary.
       (c) Definition.--For purposes of this section, the term 
     ``joint venture'' has the meaning given that term under 
     section 2 of the National Cooperative Research and Production 
     Act of 1993 (15 U.S.C. 4301), except that such term may apply 
     under this section to research, development, demonstration, 
     and commercial application of energy technology joint 
     ventures.
       (d) Protection of Information.--Section 12(c)(7) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(c)(7)), relating to the protection of information, 
     shall apply to research, development, demonstration, and 
     commercial application of energy technology programs, 
     projects, and activities for which appropriations are 
     authorized under this division.
       (e) Inventions.--An invention conceived and developed by 
     any person using funds provided through a grant under this 
     division shall be considered a subject invention for the 
     purposes of chapter 18 of title 35, United States Code 
     (commonly referred to as the Bayh-Dole Act).
       (f) Outreach.--The Secretary shall ensure that each program 
     authorized by this division includes an outreach component to 
     provide information, as appropriate, to manufacturers, 
     consumers, engineers, architects, builders, energy service 
     companies, universities, facility planners and managers, 
     State and local governments, and other entities.
       (g) Guidelines and Procedures.--The Secretary shall provide 
     guidelines and procedures for the transition, where 
     appropriate, of energy technologies from research through 
     development and demonstration to commercial application of 
     energy technology. Nothing in this section shall preclude the 
     Secretary from--
       (1) entering into a contract, cooperative agreement, 
     cooperative research and development agreement under the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3701 et seq.), grant, joint venture, or any other form of 
     agreement available to the Secretary under this section that 
     relates to research, development, demonstration, and 
     commercial application of energy technology; or
       (2) extending a contract, cooperative agreement, 
     cooperative research and development agreement under the 
     Stevenson-Wydler Technology Innovation Act of 1980, grant, 
     joint venture, or any other form of agreement available to 
     the Secretary that relates to research, development, and 
     demonstration to cover commercial application of energy 
     technology.

[[Page 15498]]

       (h) Application of Section.--This section shall not apply 
     to any contract, cooperative agreement, cooperative research 
     and development agreement under the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), 
     grant, joint venture, or any other form of agreement 
     available to the Secretary that is in effect as of the date 
     of enactment of this Act.

     SEC. 2602. LIMITS ON USE OF FUNDS.

       (a) Management and Operating Contracts.--
       (1) Competitive procedure requirement.--None of the funds 
     authorized to be appropriated to the Secretary by this 
     division may be used to award a management and operating 
     contract for a federally owned or operated nonmilitary energy 
     laboratory of the Department unless such contract is awarded 
     using competitive procedures or the Secretary grants, on a 
     case-by-case basis, a waiver to allow for such a deviation. 
     The Secretary may not delegate the authority to grant such a 
     waiver.
       (2) Congressional notice.--At least 2 months before a 
     contract award, amendment, or modification for which the 
     Secretary intends to grant such a waiver, the Secretary shall 
     submit to the appropriate congressional committees a report 
     notifying the committees of the waiver and setting forth the 
     reasons for the waiver.
       (b) Production or Provision of Articles or Services.--None 
     of the funds authorized to be appropriated to the Secretary 
     by this division may be used to produce or provide articles 
     or services for the purpose of selling the articles or 
     services to a person outside the Federal Government, unless 
     the Secretary determines that comparable articles or services 
     are not available from a commercial source in the United 
     States.
       (c) Requests for Proposals.--None of the funds authorized 
     to be appropriated to the Secretary by this division may be 
     used by the Department to prepare or initiate Requests for 
     Proposals for a program if the program has not been 
     authorized by Congress.

     SEC. 2603. COST SHARING.

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

     SEC. 2604. LIMITATION ON DEMONSTRATION AND COMMERCIAL 
                   APPLICATION OF ENERGY TECHNOLOGY.

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

     SEC. 2605. REPROGRAMMING.

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

               Subtitle B--Other Miscellaneous Provisions

     SEC. 2611. NOTICE OF REORGANIZATION.

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

     SEC. 2612. LIMITS ON GENERAL PLANT PROJECTS.

       If, at any time during the construction of a civilian 
     environmental research and development, scientific or energy 
     research, development, or demonstration, or commercial 
     application of energy technology project of the Department 
     for which no specific funding level is provided by law, the 
     estimated cost (including any revision thereof) of the 
     project exceeds $5,000,000, the Secretary may not continue 
     such construction unless the Secretary has furnished a 
     complete report to the appropriate congressional committees 
     explaining the project and the reasons for the estimate or 
     revision.

     SEC. 2613. LIMITS ON CONSTRUCTION PROJECTS.

       (a) Limitation.--Except as provided in subsection (b), 
     construction on a civilian environmental research and 
     development, scientific or energy research, development, or 
     demonstration, or commercial application of energy technology 
     project of the Department for which funding has been 
     specifically provided by law may not be started, and 
     additional obligations may not be incurred in connection with 
     the project above the authorized funding amount, whenever the 
     current estimated cost of the construction project exceeds by 
     more than 10 percent the higher of--
       (1) the amount authorized for the project, if the entire 
     project has been funded by the Congress; or
       (2) the amount of the total estimated cost for the project 
     as shown in the most recent budget justification data 
     submitted to Congress.
       (b) Notice.--An action described in subsection (a) may be 
     taken if--
       (1) the Secretary has submitted to the appropriate 
     congressional committees a report on the proposed actions and 
     the circumstances making such actions necessary; and
       (2) a period of 30 days has elapsed after the date on which 
     the report is received by the committees.
       (c) Exclusion.--In the computation of the 30-day period 
     described in subsection (b)(2), there shall be excluded any 
     day on which either House of Congress is not in session 
     because of an adjournment of more than 3 days to a day 
     certain.
       (d) Exception.--Subsections (a) and (b) shall not apply to 
     any construction project that has a current estimated cost of 
     less than $5,000,000.

     SEC. 2614. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement for Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a civilian environmental 
     research and development, scientific or energy research, 
     development, or demonstration, or commercial application of 
     energy technology program, project, or activity of the 
     Department, the Secretary shall complete a conceptual design 
     for that project.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $750,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds for a construction project, the total 
     estimated cost of which is less than $5,000,000.
       (b) Authority for Construction Design.--(1) The Secretary 
     may carry out construction design (including architectural 
     and engineering services) in connection with any proposed 
     construction project that is in support of a civilian 
     environmental research and development, scientific or energy 
     research, development, and demonstration, or commercial 
     application of energy technology program, project, or 
     activity of the Department if the total estimated cost for 
     such design does not exceed $250,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project described in 
     paragraph (1) exceeds $250,000, funds for such design must be 
     specifically authorized by law.

     SEC. 2615. NATIONAL ENERGY POLICY DEVELOPMENT GROUP MANDATED 
                   REPORTS.

       (a) The Secretary's Review of Energy Efficiency Renewable 
     Energy, and Alternative Energy Research and Development.--
     Upon completion of the Secretary's review of current funding 
     and historic performance of the Department's energy 
     efficiency, renewable energy, and alternative energy research 
     and development programs

[[Page 15499]]

     in response to the recommendations of the May 16, 2001, 
     Report of the National Energy Policy Development Group, the 
     Secretary shall transmit a report containing the results of 
     such review to the appropriate congressional committees.
       (b) Review and Recommendations on Using the Nation's Energy 
     Resources More Efficiently.--Upon completion of the Office of 
     Science and Technology Policy and the President's Council of 
     Advisors on Science and Technology reviewing and making 
     recommendations on using the Nation's energy resources more 
     efficiently, in response to the recommendation of the May 16, 
     2001, Report of the National Energy Policy Development Group, 
     the Director of the Office of Science and Technology Policy 
     shall transmit a report containing the results of such review 
     and recommendations to the appropriate congressional 
     committees.

     SEC. 2616. PERIODIC REVIEWS AND ASSESSMENTS.

       The Secretary shall enter into appropriate arrangements 
     with the National Academies of Sciences and Engineering to 
     ensure that there be periodic reviews and assessments of the 
     programs authorized by this division, as well as the 
     measurable cost and performance-based goals for such programs 
     as established under section 2004, and the progress on 
     meeting such goals. Such reviews and assessments shall be 
     conducted at least every 5 years, or more often as the 
     Secretary considers necessary, and the Secretary shall 
     transmit to the appropriate congressional committees reports 
     containing the results of such reviews and assessments.

                               DIVISION C

     SEC. 3001. SHORT TITLE.

       (a) Short Title.--This division may be cited as the 
     ``Energy Tax Policy Act of 2001''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this division an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

                         TITLE I--CONSERVATION

     SEC. 3101. CREDIT FOR RESIDENTIAL SOLAR ENERGY PROPERTY.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25B the following new 
     section:

     ``SEC. 25C. RESIDENTIAL SOLAR ENERGY PROPERTY.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 15 percent of the qualified photovoltaic property 
     expenditures made by the taxpayer during such year, and
       ``(2) 15 percent of the qualified solar water heating 
     property expenditures made by the taxpayer during the taxable 
     year.
       ``(b) Limitations.--
       ``(1) Maximum credit.--The credit allowed under subsection 
     (a) shall not exceed--
       ``(A) $2,000 for each system of property described in 
     subsection (c)(1), and
       ``(B) $2,000 for each system of property described in 
     subsection (c)(2).
       ``(2) Safety certifications.--No credit shall be allowed 
     under this section for an item of property unless--
       ``(A) in the case of solar water heating equipment, such 
     equipment is certified for performance and safety by the non-
     profit Solar Rating Certification Corporation or a comparable 
     entity endorsed by the government of the State in which such 
     property is installed, and
       ``(B) in the case of a photovoltaic system, such system 
     meets appropriate fire and electric code requirements.
       ``(3) Limitation based on amount of tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section and sections 23, 25D, and 25E) and 
     section 27 for the taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified solar water heating property expenditure.--
     The term `qualified solar water heating property expenditure' 
     means an expenditure for property to heat water for use in a 
     dwelling unit located in the United States and used as a 
     residence if at least half of the energy used by such 
     property for such purpose is derived from the sun.
       ``(2) Qualified photovoltaic property expenditure.--The 
     term `qualified photovoltaic property expenditure' means an 
     expenditure for property that uses solar energy to generate 
     electricity for use in a dwelling unit.
       ``(3) Solar panels.--No expenditure relating to a solar 
     panel or other property installed as a roof (or portion 
     thereof) shall fail to be treated as property described in 
     paragraph (1) or (2) solely because it constitutes a 
     structural component of the structure on which it is 
     installed.
       ``(4) Labor costs.--Expenditures for labor costs properly 
     allocable to the onsite preparation, assembly, or original 
     installation of the property described in paragraph (1) or 
     (2) and for piping or wiring to interconnect such property to 
     the dwelling unit shall be taken into account for purposes of 
     this section.
       ``(5) Swimming pools, etc., used as storage medium.--
     Expenditures which are properly allocable to a swimming pool, 
     hot tub, or any other energy storage medium which has a 
     function other than the function of such storage shall not be 
     taken into account for purposes of this section.
       ``(d) Special Rules.--
       ``(1) Dollar amounts in case of joint occupancy.--In the 
     case of any dwelling unit which is jointly occupied and used 
     during any calendar year as a residence by 2 or more 
     individuals the following shall apply:
       ``(A) The amount of the credit allowable under subsection 
     (a) by reason of expenditures (as the case may be) made 
     during such calendar year by any of such individuals with 
     respect to such dwelling unit shall be determined by treating 
     all of such individuals as 1 taxpayer whose taxable year is 
     such calendar year.
       ``(B) There shall be allowable with respect to such 
     expenditures to each of such individuals, a credit under 
     subsection (a) for the taxable year in which such calendar 
     year ends in an amount which bears the same ratio to the 
     amount determined under subparagraph (A) as the amount of 
     such expenditures made by such individual during such 
     calendar year bears to the aggregate of such expenditures 
     made by all of such individuals during such calendar year.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures of such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which he owns, such individual shall be 
     treated as having made his proportionate share of any 
     expenditures of such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof) with respect to a condominium project substantially 
     all of the units of which are used as residences.
       ``(4) Allocation in certain cases.--If less than 80 percent 
     of the use of an item is for nonbusiness purposes, only that 
     portion of the expenditures for such item which is properly 
     allocable to use for nonbusiness purposes shall be taken into 
     account.
       ``(5) When expenditure made; amount of expenditure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an expenditure with respect to an item shall be treated as 
     made when the original installation of the item is completed.
       ``(B) Expenditures part of building construction.--In the 
     case of an expenditure in connection with the construction or 
     reconstruction of a structure, such expenditure shall be 
     treated as made when the original use of the constructed or 
     reconstructed structure by the taxpayer begins.
       ``(C) Amount.--The amount of any expenditure shall be the 
     cost thereof.
       ``(6) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any dwelling unit, there 
     shall not be taken in to account expenditures which are made 
     from subsidized energy financing (as defined in section 
     48(a)(4)(A)).
       ``(e) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(f) Termination.--The credit allowed under this section 
     shall not apply to taxable years beginning after December 31, 
     2006 (December 31, 2008, with respect to qualified 
     photovoltaic property expenditures).''.
       (b) Conforming Amendments.--
       (1) Subsection (a) of section 1016 is amended by striking 
     ``and'' at the end of paragraph (27), by striking the period 
     at the end of paragraph (28) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(29) to the extent provided in section 25C(e), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25C.''.
       (2) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 25B the following new item:

``Sec. 25C. Residential solar energy property.''.


[[Page 15500]]


       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after December 31, 2001.

     SEC. 3102. EXTENSION AND EXPANSION OF CREDIT FOR ELECTRICITY 
                   PRODUCED FROM RENEWABLE RESOURCES.

       (a) Extension of Credit for Wind and Closed-Loop Biomass 
     Facilities.--Subparagraphs (A) and (B) of section 45(c)(3) 
     are each amended by striking ``2002'' and inserting ``2007''.
       (b) Expansion of Credit for Open-loop biomass and landfill 
     gas facilities.--Paragraph (3) of section 45(c) is amended by 
     adding at the end the following new subparagraphs:
       ``(D) Open-loop biomass facilities.--In the case of a 
     facility using open-loop biomass to produce electricity, the 
     term `qualified facility' means any facility owned by the 
     taxpayer which is originally placed in service before January 
     1, 2007.
       ``(E) Landfill gas facilities.--In the case of a facility 
     producing electricity from gas derived from the 
     biodegradation of municipal solid waste, the term `qualified 
     facility' means any facility owned by the taxpayer which is 
     originally placed in service before January 1, 2007.''.
       (c) Definition and Special Rules.--Subsection (c) of 
     section 45 is amended by adding at the end the following new 
     paragraphs:
       ``(5) Open-loop biomass.--The term `open-loop biomass' 
     means any solid, nonhazardous, cellulosic waste material 
     which is segregated from other waste materials and which is 
     derived from--
       ``(A) any of the following forest-related resources: mill 
     residues, precommercial thinnings, slash, and brush, but not 
     including old-growth timber,
       ``(B) solid wood waste materials, including waste pallets, 
     crates, dunnage, manufacturing and construction wood wastes 
     (other than pressure-treated, chemically-treated, or painted 
     wood wastes), and landscape or right-of-way tree trimmings, 
     but not including municipal solid waste (garbage), gas 
     derived from the biodegradation of solid waste, or paper that 
     is commonly recycled, or
       ``(C) agriculture sources, including orchard tree crops, 
     vineyard, grain, legumes, sugar, and other crop by-products 
     or residues.
     Such term shall not include closed-loop biomass.
       ``(6) Reduced credit for certain preeffective date 
     facilities.--In the case of any facility described in 
     subparagraph (D) or (E) of paragraph (3) which is placed in 
     service before the date of the enactment of this 
     subparagraph--
       ``(A) subsection (a)(1) shall be applied by substituting 
     `1.0 cents' for `1.5 cents', and
       ``(B) the 5-year period beginning on the date of the 
     enactment of this paragraph shall be substituted in lieu of 
     the 10-year period in subsection (a)(2)(A)(ii).
       ``(7) Limit on reductions for grants, etc., for open-loop 
     biomass facilities.--If the amount of the credit determined 
     under subsection (a) with respect to any open-loop biomass 
     facility is required to be reduced under paragraph (3) of 
     subsection (b), the fraction under such paragraph shall in no 
     event be greater than \4/5\.
       ``(8) Coordination with section 29.--The term `qualified 
     facility' shall not include any facility the production from 
     which is allowed as a credit under section 29 for the taxable 
     year or any prior taxable year.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act.

     SEC. 3103. CREDIT FOR QUALIFIED STATIONARY FUEL CELL 
                   POWERPLANTS.

       (a) Business Property.--
       (1) In general.--Subparagraph (A) of section 48(a)(3) 
     (defining energy property) is amended by striking ``or'' at 
     the end of clause (i), by adding ``or'' at the end of clause 
     (ii), and by inserting after clause (ii) the following new 
     clause:
       ``(iii) equipment which is part of a qualified stationary 
     fuel cell powerplant,''.
       (2) Qualified stationary fuel cell powerplant.--Subsection 
     (a) of section 48 is amended by redesignating paragraphs (4) 
     and (5) as paragraphs (5) and (6), respectively, and by 
     inserting after paragraph (3) the following new paragraph:
       ``(4) Qualified stationary fuel cell powerplant.--For 
     purposes of this subsection--
       ``(A) In general.--The term `qualified stationary fuel cell 
     powerplant' means a stationary fuel cell power plant that has 
     an electricity-only generation efficiency greater than 30 
     percent.
       ``(B) Limitation.--In the case of qualified stationary fuel 
     cell powerplant placed in service during the taxable year, 
     the credit under subsection (a) for such year may not exceed 
     $1,000 for each kilowatt of capacity.
       ``(C) Stationary fuel cell power plant.--The term 
     `stationary fuel cell power plant' means an integrated system 
     comprised of a fuel cell stack assembly and associated 
     balance of plant components that converts a fuel into 
     electricity using electrochemical means.
       ``(D) Termination.--Such term shall not include any 
     property placed in service after December 31, 2006.''