[House Report 107-177]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-177
======================================================================
COMPREHENSIVE ENERGY RESEARCH AND TECHNOLOGY ACT OF 2001
_______
July 31, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Boehlert, from the Committee on Science, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2460]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, to whom was referred the bill
(H.R. 2460) to authorize appropriations for environmental
research and development, scientific and energy research,
development, and demonstration, and commercial application of
energy technology programs, projects, and activities of the
Department of Energy and of the Office of Air and Radiation of
the Environmental Protection Agency, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
I. Amendment.......................................................2
II. Purpose of the Bill............................................43
III. Background and Need for Legislation............................44
IV. Summary of Hearings............................................46
V. Committee Action...............................................49
VI. Summary of Major Provisions of the Bill........................51
VII. Section-by-Section Analysis....................................67
VIII. Committee Views...............................................104
IX. Cost Estimate.................................................112
X. Congressional Budget Office Cost Estimate.....................113
XI. Compliance With Public Law 104-4 (Unfunded Mandates)..........115
XII. Committee Oversight Findings and Recommendations..............115
XIII. Constitutional Authority Statement............................115
XIV. Federal Advisory Committee Statement..........................115
XV. Congressional Accountability Act..............................116
XVI. Statement on Preemption of State, Local, or Tribal Law........116
XVII. Changes in Existing Law Made by the Bill, as Reported.........116
XVIII.Committee Recommendations.....................................124
XIX. Statement of General Performance Goals and Objectives.........124
XX. Exchange of Committee Correspondence..........................125
XXI. Additional Views..............................................126
XXII. Proceedings of Full Committee Markup..........................127
I. Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive Energy
Research and Technology Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Goals.
Sec. 5. Definitions.
Sec. 6. Authorizations.
Sec. 7. Balance of funding priorities.
TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY
Subtitle A--Alternative Fuel Vehicles
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Pilot program.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
Subtitle B--Distributed Power Hybrid Energy Systems
Sec. 121. Findings.
Sec. 122. Definitions.
Sec. 123. Strategy.
Sec. 124. High power density industry program.
Sec. 125. Micro-cogeneration energy technology.
Sec. 126. Program plan.
Sec. 127. Report.
Sec. 128. Voluntary consensus standards.
Subtitle C--Secondary Electric Vehicle Battery Use
Sec. 131. Definitions.
Sec. 132. Establishment of secondary electric vehicle battery use
program.
Sec. 133. Authorization of appropriations.
Subtitle D--Green School Buses
Sec. 141. Short title.
Sec. 142. Establishment of pilot program.
Sec. 143. Fuel cell bus development and demonstration program.
Sec. 144. Authorization of appropriations.
Subtitle E--Next Generation Lighting Initiative
Sec. 151. Short title.
Sec. 152. Definition.
Sec. 153. Next Generation Lighting Initiative.
Sec. 154. Study.
Sec. 155. Grant program.
Subtitle F--Department of Energy Authorization of Appropriations
Sec. 161. Authorization of appropriations.
Subtitle G--Environmental Protection Agency Office of Air and Radiation
Authorization of Appropriations
Sec. 171. Short title.
Sec. 172. Authorization of appropriations.
Sec. 173. Limits on use of funds.
Sec. 174. Cost sharing.
Sec. 175. Limitation on demonstration and commercial applications of
energy technology.
Sec. 176. Reprogramming.
Sec. 177. Budget request format.
Sec. 178. Other provisions.
Subtitle H--National Building Performance Initiative
Sec. 181. National Building Performance Initiative.
TITLE II--RENEWABLE ENERGY
Subtitle A--Hydrogen
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Reports to Congress.
Sec. 205. Hydrogen research and development.
Sec. 206. Demonstrations.
Sec. 207. Technology transfer.
Sec. 208. Coordination and consultation.
Sec. 209. Advisory Committee.
Sec. 210. Authorization of appropriations.
Sec. 211. Repeal.
Subtitle B--Bioenergy
Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Definitions.
Sec. 224. Authorization.
Sec. 225. Authorization of appropriations.
Subtitle C--Transmission Infrastructure Systems
Sec. 241. Transmission infrastructure systems research, development,
demonstration, and commercial application.
Sec. 242. Program plan.
Sec. 243. Report.
Subtitle D--Department of Energy Authorization of Appropriations
Sec. 261. Authorization of appropriations.
TITLE III--NUCLEAR ENERGY
Subtitle A--University Nuclear Science and Engineering
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Department of Energy program.
Sec. 304. Authorization of appropriations.
Subtitle B--Advanced Fuel Recycling Technology Research and Development
Program
Sec. 321. Program.
Subtitle C--Department of Energy Authorization of Appropriations
Sec. 341. Nuclear Energy Research Initiative.
Sec. 342. Nuclear Energy Plant Optimization program.
Sec. 343. Nuclear energy technologies.
Sec. 344. Authorization of appropriations.
TITLE IV--FOSSIL ENERGY
Subtitle A--Clean Coal
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definition.
Sec. 404. Clean Coal Power Initiative.
Sec. 405. Authorization of appropriations.
Sec. 406. Project criteria.
Sec. 407. Clean coal centers of excellence.
Subtitle B--Oil and Gas
Sec. 421. Petroleum-oil technology.
Sec. 422. Gas.
Subtitle C--Ultra-Deepwater and Unconventional Drilling
Sec. 441. Short title.
Sec. 442. Definitions.
Sec. 443. Ultra-deepwater program.
Sec. 444. National Energy Technology Laboratory.
Sec. 445. Advisory Committee.
Sec. 446. Research Organization.
Sec. 447. Grants.
Sec. 448. Plan and funding.
Sec. 449. Audit.
Sec. 450. Fund.
Sec. 451. Sunset.
Subtitle D--Fuel Cells
Sec. 461. Fuel cells.
Subtitle E--Department of Energy Authorization of Appropriations
Sec. 481. Authorization of appropriations.
TITLE V--SCIENCE
Subtitle A--Fusion Energy Sciences
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Plan for fusion experiment.
Sec. 504. Plan for fusion energy sciences program.
Sec. 505. Authorization of appropriations.
Subtitle B--Spallation Neutron Source
Sec. 521. Definition.
Sec. 522. Authorization of appropriations.
Sec. 523. Report.
Sec. 524. Limitations.
Subtitle C--Facilities, Infrastructure, and User Facilities
Sec. 541. Definition.
Sec. 542. Facility and infrastructure support for nonmilitary energy
laboratories.
Sec. 543. User facilities.
Subtitle D--Advisory Panel on Office of Science
Sec. 561. Establishment.
Sec. 562. Report.
Subtitle E--Department of Energy Authorization of Appropriations
Sec. 581. Authorization of appropriations.
TITLE VI--MISCELLANEOUS
Subtitle A--General Provisions for the Department of Energy
Sec. 601. Research, development, demonstration, and commercial
application of energy technology programs, projects, and activities.
Sec. 602. Limits on use of funds.
Sec. 603. Cost sharing.
Sec. 604. Limitation on demonstration and commercial application of
energy technology.
Sec. 605. Reprogramming.
Subtitle B--Other Miscellaneous Provisions
Sec. 611. Notice of reorganization.
Sec. 612. Limits on general plant projects.
Sec. 613. Limits on construction projects.
Sec. 614. Authority for conceptual and construction design.
Sec. 615. National Energy Policy Development Group mandated reports.
Sec. 616. Periodic reviews and assessments.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Nation's prosperity and way of life are sustained by
energy use;
(2) the growing imbalance between domestic energy production
and consumption means that the Nation is becoming increasingly
reliant on imported energy, which has the potential to
undermine the Nation's economy, standard of living, and
national security;
(3) energy conservation and energy efficiency help maximize
the use of available energy resources, reduce energy shortages,
lower the Nation's reliance on energy imports, mitigate the
impacts of high energy prices, and help protect the environment
and public health;
(4) development of a balanced portfolio of domestic energy
supplies will ensure that future generations of Americans will
have access to the energy they need;
(5) energy efficiency technologies, renewable and alternative
energy technologies, and advanced energy systems technologies
will help diversify the Nation's energy portfolio with few
adverse environmental impacts and are vital to delivering clean
energy to fuel the Nation's economic growth;
(6) development of reliable, affordable, and environmentally
sound energy efficiency technologies, renewable and alternative
energy technologies, and advanced energy systems technologies
will require maintenance of a vibrant fundamental scientific
knowledge base and continued scientific and technological
innovations that can be accelerated by Federal funding, whereas
commercial deployment of such systems and technologies are the
responsibility of the private sector;
(7) Federal funding should focus on those programs, projects,
and activities that are long-term, high-risk, noncommercial,
and well-managed, and that provide the potential for scientific
and technological advances; and
(8) public-private partnerships should be encouraged to
leverage scarce taxpayer dollars.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) protect and strengthen the Nation's economy, standard of
living, and national security by reducing dependence on
imported energy;
(2) meet future needs for energy services at the lowest total
cost to the Nation, including environmental costs, giving
balanced and comprehensive consideration to technologies that
improve the efficiency of energy end uses and that enhance
energy supply;
(3) reduce the air, water, and other environmental impacts
(including emissions of greenhouse gases) of energy production,
distribution, transportation, and use through the development
of environmentally sustainable energy systems;
(4) consider the comparative environmental impacts of the
energy saved or produced by specific programs, projects, or
activities;
(5) maintain the technological competitiveness of the United
States and stimulate economic growth through the development of
advanced energy systems and technologies;
(6) foster international cooperation by developing
international markets for domestically produced sustainable
energy technologies, and by transferring environmentally sound,
advanced energy systems and technologies to developing
countries to promote sustainable development;
(7) provide sufficient funding of programs, projects, and
activities that are performance-based and modeled as public-
private partnerships, as appropriate; and
(8) enhance the contribution of a given program, project, or
activity to fundamental scientific knowledge.
SEC. 4. GOALS.
(a) In General.--Subject to subsection (b), in order to achieve the
purposes of this Act under section 3, 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 Act under section 3.
(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 Act.
(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 Act.
(B) For fuel cycle research, development, and
demonstration, the program should carry out the
provisions of subtitle B of title III of this Act.
(C) For the Nuclear Energy Research Initiative, the
program should accomplish the objectives of section
341(b) of this Act.
(D) For the Nuclear Energy Plant Optimization
Program, the program should accomplish the objectives
of section 342(b) of this Act.
(E) For Nuclear Energy Technologies, the program
should carry out the provisions of section 343 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--
(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 Act, 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 Act
that would enable each such program to meet the purposes of this Act
under section 3. Such assessment shall be based on the latest
scientific and technical knowledge, and shall also take into
consideration, as appropriate, the comparative environmental impacts
(including emissions of greenhouse gases) of the energy saved or
produced by specific programs.
(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 Act 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. 5. DEFINITIONS.
For purposes of this Act, except as otherwise provided--
(1) the term ``Administrator'' means the Administrator of the
Environmental Protection Agency;
(2) the term ``appropriate congressional committees'' means--
(A) the Committee on Science and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Energy and Natural Resources and
the Committee on Appropriations of the Senate;
(3) the term ``Department'' means the Department of Energy;
and
(4) the term ``Secretary'' means the Secretary of Energy.
SEC. 6. AUTHORIZATIONS.
Authorizations of appropriations under this Act are for environmental
research and development, scientific and energy research, development,
and demonstration, and commercial application of energy technology
programs, projects, and activities.
SEC. 7. 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 Act should remain in the same proportion to each other as provided
in this Act, 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 Act are not in the same
proportion to one another as are the authorizations for such programs
in this Act, 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 Act 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. 101. SHORT TITLE.
This subtitle may be cited as the ``Alternative Fuel Vehicle
Acceleration Act of 2001''.
SEC. 102. DEFINITIONS.
For the purposes of this subtitle, the following definitions apply:
(1) Alternative fuel vehicle.--
(A) In general.--Except as provided in subparagraph
(B), the term ``alternative fuel vehicle'' means a
motor vehicle that is powered--
(i) in whole or in part by electricity,
including electricity supplied by a fuel cell;
(ii) by liquefied natural gas;
(iii) by compressed natural gas;
(iv) by liquefied petroleum gas;
(v) by hydrogen;
(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 103.
(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. 103. 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 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. 104. 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. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $200,000,000
to carry out this subtitle, to remain available until expended.
Subtitle B--Distributed Power Hybrid Energy Systems
SEC. 121. 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. 122. 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. 123. 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 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. 124. 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. 125. 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. 126. 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. 127. 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. 128. 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. 131. 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. 132. 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. 133. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary, from
amounts authorized under section 161(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. 141. SHORT TITLE.
This subtitle may be cited as the ``Clean Green School Bus Act of
2001''.
SEC. 142. 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.
(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. 143. 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 144 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. 144. 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. 151. SHORT TITLE.
This subtitle may be cited as ``Next Generation Lighting Initiative
Act''.
SEC. 152. DEFINITION.
In this subtitle, the term ``Lighting Initiative'' means the ``Next
Generation Lighting Initiative'' established under section 153(a).
SEC. 153. 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. 154. 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. 155. GRANT PROGRAM.
(a) In General.--Subject to section 603 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
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. 161. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--In addition to amounts authorized to
be appropriated under section 105, section 125, and section 144, 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. 171. SHORT TITLE.
This subtitle may be cited as the ``Environmental Protection Agency
Office of Air and Radiation Authorization Act of 2001''.
SEC. 172. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator for the
Office of Air and Radiation $156,700,000 for fiscal year 2002,
$163,000,000 for fiscal year 2003, and $169,400,000 for fiscal year
2004 to remain available until expended, of which--
(1) $28,300,000 for fiscal year 2002, $29,400,000 for fiscal
year 2003, and $30,600,000 for fiscal year 2004 shall be for
Science; and
(2) $128,400,000 for fiscal year 2002, $133,600,000 for
fiscal year 2003, and $138,800,000 for fiscal year 2004 shall
be for Climate Change Protection Programs, of which--
(A) $52,700,000 for fiscal year 2002, $54,800,000 for
fiscal year 2003, and $57,000,000 for fiscal year 2004
shall be for Buildings;
(B) $32,400,000 for fiscal year 2002, $33,700,000 for
fiscal year 2003, and $35,000,000 for fiscal year 2004
shall be for Transportation;
(C) $32,000,000 for fiscal year 2002, $33,300,000 for
fiscal year 2003, and $34,600,000 for fiscal year 2004
shall be for Industry;
(D) $1,700,000 for fiscal year 2002, $1,750,000 for
fiscal year 2003, and $1,800,000 for fiscal year 2004
shall be for Carbon Removal;
(E) $2,500,000 for fiscal year 2002, $2,600,000 for
fiscal year 2003, and $2,700,000 for fiscal year 2004
shall be for State and Local Climate;
(F) $6,300,000 for fiscal year 2002, $6,600,000 for
fiscal year 2003, and $6,800,000 for fiscal year 2004
shall be for International Capacity Building; and
(G) $800,000 for fiscal year 2002, $850,000 for
fiscal year 2003, and $900,000 for fiscal year 2004
shall be for Technical Cooperation with Industrial and
Developing Countries.
SEC. 173. 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. 174. 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. 175. 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. 176. 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. 177. 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. 178. 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. 181. 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 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. 201. SHORT TITLE.
This subtitle may be cited as the ``Robert S. Walker and George E.
Brown, Jr. Hydrogen Energy Act of 2001''.
SEC. 202. PURPOSES.
Section 102(b) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
``(b) Purposes.--The purposes of this Act are--
``(1) to direct the Secretary to conduct research,
development, and demonstration activities leading to the
production, storage, transportation, and use of hydrogen for
industrial, commercial, residential, transportation, and
utility applications;
``(2) to direct the Secretary to develop a program of
technology assessment, information dissemination, and education
in which Federal, State, and local agencies, members of the
energy, transportation, and other industries, and other
entities may participate; and
``(3) to develop methods of hydrogen production that minimize
adverse environmental impacts, with emphasis on efficient and
cost-effective production from renewable energy resources.''.
SEC. 203. DEFINITIONS.
Section 102(c) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
(1) by redesignating paragraphs (1) through (3) as paragraphs
(2) through (4), respectively; and
(2) by inserting before paragraph (2), as so redesignated by
paragraph (1) of this section, the following new paragraph:
``(1) `advisory committee' means the advisory committee
established under section 108;''.
SEC. 204. REPORTS TO CONGRESS.
Section 103 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended to read as follows:
``SEC. 103. REPORTS TO CONGRESS.
``(a) Requirement.--Not later than 1 year after the date of the
enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen
Energy Act of 2001, and biennially thereafter, the Secretary shall
transmit to Congress a detailed report on the status and progress of
the programs and activities authorized under this Act.
``(b) Contents.--A report under subsection (a) shall include, in
addition to any views and recommendations of the Secretary--
``(1) an assessment of the extent to which the program is
meeting the purposes specified in section 102(b);
``(2) a determination of the effectiveness of the technology
assessment, information dissemination, and education program
established under section 106;
``(3) an analysis of Federal, State, local, and private
sector hydrogen-related research, development, and
demonstration activities to identify productive areas for
increased intergovernmental and private-public sector
collaboration; and
``(4) recommendations of the advisory committee for any
improvements needed in the programs and activities authorized
by this Act.''.
SEC. 205. HYDROGEN RESEARCH AND DEVELOPMENT.
Section 104 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended to read as follows:
``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.
``(a) Establishment of Program.--The Secretary shall conduct a
hydrogen research and development program relating to production,
storage, transportation, and use of hydrogen, with the goal of enabling
the private sector to demonstrate the technical feasibility of using
hydrogen for industrial, commercial, residential, transportation, and
utility applications.
``(b) Elements.--In conducting the program authorized by this
section, the Secretary shall--
``(1) give particular attention to developing an
understanding and resolution of critical technical issues
preventing the introduction of hydrogen as an energy carrier
into the marketplace;
``(2) initiate or accelerate existing research and
development in critical technical issues that will contribute
to the development of more economical hydrogen production,
storage, transportation, and use, including critical technical
issues with respect to production (giving priority to those
production techniques that use renewable energy resources as
their primary source of energy for hydrogen production),
liquefaction, transmission, distribution, storage, and use
(including use of hydrogen in surface transportation); and
``(3) survey private sector and public sector hydrogen
research and development activities worldwide, and take steps
to ensure that research and development activities under this
section do not--
``(A) duplicate any available research and
development results; or
``(B) displace or compete with the privately funded
hydrogen research and development activities of United
States industry.
``(c) Evaluation of Technologies.--The Secretary shall evaluate, for
the purpose of determining whether to undertake or fund research and
development activities under this section, any reasonable new or
improved technology that could lead or contribute to the development of
economical hydrogen production, storage, transportation, and use.
``(d) Research and Development Support.--The Secretary is authorized
to arrange for tests and demonstrations and to disseminate to
researchers and developers information, data, and other materials
necessary to support the research and development activities authorized
under this section and other efforts authorized under this Act,
consistent with section 106 of this Act.
``(e) Competitive Peer Review.--The Secretary shall carry out or fund
research and development activities under this section only on a
competitive basis using peer review.
``(f) Cost Sharing.--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. 206. DEMONSTRATIONS.
Section 105 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended--
(1) in subsection (a), by striking ``, preferably in self-
contained locations,'';
(2) in subsection (b), by striking ``at self-contained
sites'' and 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. 207. TECHNOLOGY TRANSFER.
Section 106 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended to read as follows:
``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND
EDUCATION PROGRAM.
``(a) Program.--The Secretary shall, in consultation with the
advisory committee, conduct a program designed to accelerate wider
application of hydrogen production, storage, transportation, and use
technologies, including application in foreign countries to increase
the global market for the technologies and foster global economic
development without harmful environmental effects.
``(b) Information.--The Secretary, in carrying out the program
authorized by subsection (a), shall--
``(1) undertake an update of the inventory and assessment,
required under section 106(b)(1) of this Act as in effect
before the date of the enactment of the Robert S. Walker and
George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen
technologies and their commercial capability to economically
produce, store, transport, or use hydrogen in industrial,
commercial, residential, transportation, and utility sector;
and
``(2) develop, with other Federal agencies as appropriate and
industry, an information exchange program to improve technology
transfer for hydrogen production, storage, transportation, and
use, which may consist of workshops, publications, conferences,
and a database for the use by the public and private
sectors.''.
SEC. 208. COORDINATION AND CONSULTATION.
Section 107 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended--
(1) by amending paragraph (1) of subsection (a) to read as
follows:
``(1) shall establish a central point for the coordination of
all hydrogen research, development, and demonstration
activities of the Department; and''; and
(2) by amending subsection (c) to read as follows:
``(c) Consultation.--The Secretary shall consult with other Federal
agencies as appropriate, and the advisory committee, in carrying out
the Secretary's authorities pursuant to this Act.''.
SEC. 209. ADVISORY COMMITTEE.
Section 108 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended to read as follows:
``SEC. 108. ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall enter into appropriate
arrangements with the National Academies of Sciences and Engineering to
establish an advisory committee consisting of experts drawn from
domestic industry, academia, Governmental laboratories, and financial,
environmental, and other organizations, as appropriate, to review and
advise on the progress made through the programs and activities
authorized under this Act.
``(b) Cooperation.--The heads of Federal agencies shall cooperate
with the advisory committee in carrying out this section and shall
furnish to the advisory committee such information as the advisory
committee reasonably deems necessary to carry out this section.
``(c) Review.--The advisory committee shall review and make any
necessary recommendations to the Secretary on--
``(1) the implementation and conduct of programs and
activities authorized under this Act; and
``(2) the economic, technological, and environmental
consequences of the deployment of hydrogen production, storage,
transportation, and use systems.
``(d) Responsibilities of the Secretary.--The Secretary shall
consider, but need not adopt, any recommendations of the advisory
committee under subsection (c). The Secretary shall provide an
explanation of the reasons that any such recommendations will not be
implemented and include such explanation in the report to Congress
under section 103(a) of this Act.''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 is amended to read as follows:
``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
``(a) Research and Development; Advisory Committee.--There are
authorized to be appropriated to the Secretary to carry out sections
104 and 108--
``(1) $40,000,000 for fiscal year 2002;
``(2) $45,000,000 for fiscal year 2003;
``(3) $50,000,000 for fiscal year 2004;
``(4) $55,000,000 for fiscal year 2005; and
``(5) $60,000,000 for fiscal year 2006.
``(b) Demonstration.--There are authorized to be appropriated to the
Secretary to carry out section 105--
``(1) $20,000,000 for fiscal year 2002;
``(2) $25,000,000 for fiscal year 2003;
``(3) $30,000,000 for fiscal year 2004;
``(4) $35,000,000 for fiscal year 2005; and
``(5) $40,000,000 for fiscal year 2006.''.
SEC. 211. REPEAL.
(a) Repeal.--Title II of the Hydrogen Future Act of 1996 is repealed.
(b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of
1996 is amended by striking ``titles II and III'' and inserting ``title
III''.
Subtitle B--Bioenergy
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Bioenergy Act of 2001''.
SEC. 222. FINDINGS.
Congress finds that bioenergy has potential to help--
(1) meet the Nation's energy needs;
(2) reduce reliance on imported fuels;
(3) promote rural economic development;
(4) provide for productive utilization of agricultural
residues and waste materials, and forestry residues and
byproducts; and
(5) protect the environment.
SEC. 223. 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. 224. AUTHORIZATION.
The Secretary is authorized to conduct environmental research and
development, scientific and energy research, development, and
demonstration, and commercial application of energy technology
programs, projects, and activities related to bioenergy, including
biopower energy systems, biofuels energy systems, and integrated
bioenergy research and development.
SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
(a) Biopower Energy Systems.--There are authorized to be appropriated
to the Secretary for Biopower Energy Systems programs, projects, and
activities--
(1) $45,700,000 for fiscal year 2002;
(2) $52,500,000 for fiscal year 2003;
(3) $60,300,000 for fiscal year 2004;
(4) $69,300,000 for fiscal year 2005; and
(5) $79,600,000 for fiscal year 2006.
(b) Biofuels Energy Systems.--There are authorized to be appropriated
to the Secretary for biofuels energy systems programs, projects, and
activities--
(1) $53,500,000 for fiscal year 2002;
(2) $61,400,000 for fiscal year 2003;
(3) $70,600,000 for fiscal year 2004;
(4) $81,100,000 for fiscal year 2005; and
(5) $93,200,000 for fiscal year 2006.
(c) Integrated Bioenergy Research and Development.--There are
authorized to be appropriated to the Secretary for integrated bioenergy
research and development 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. 241. 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. 242. 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. 243. 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. 261. 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 Program, Renewable Energy Production
Incentive Program, Renewable Program Support, National Renewable Energy
Laboratory, and Program Direction, and including amounts authorized
under the amendment made by section 210 and amounts authorized under
section 225, $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. 301. SHORT TITLE.
This subtitle may be cited as ``Department of Energy University
Nuclear Science and Engineering Act''.
SEC. 302. FINDINGS.
The Congress finds the following:
(1) United States university nuclear science and engineering
programs are in a state of serious decline, with nuclear
engineering enrollment at a 35-year low. Since 1980, the number
of nuclear engineering university programs has declined nearly
40 percent, and over two-thirds of the faculty in these
programs are 45 years of age or older. Also, since 1980, the
number of university research and training reactors in the
United States has declined by over 50 percent. Most of these
reactors were built in the late 1950s and 1960s with 30-year to
40-year operating licenses, and many 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. 303. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary, through the Office of Nuclear
Energy, Science and Technology, shall support a program to maintain the
Nation's human resource investment and infrastructure in the nuclear
sciences and engineering consistent with the Department's statutory
authorities related to civilian nuclear research, development, and
demonstration and commercial application of energy technology.
(b) Duties of the Office of Nuclear Energy, Science and Technology.--
In carrying out the program under this subtitle, the Director of the
Office of Nuclear Energy, Science and Technology shall--
(1) develop a robust graduate and undergraduate fellowship
program to attract new and talented students;
(2) assist universities in recruiting and retaining new
faculty in the nuclear sciences and engineering through a
Junior Faculty Research Initiation Grant Program;
(3) maintain a robust investment in the fundamental nuclear
sciences and engineering through the Nuclear Engineering
Education Research Program;
(4) encourage collaborative nuclear research among industry,
national laboratories, and universities through the Nuclear
Energy Research Initiative;
(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. 304. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary, to remain available until expended, for
the purposes of carrying out this subtitle:
(1) $30,200,000 for fiscal year 2002.
(2) $41,000,000 for fiscal year 2003.
(3) $47,900,000 for fiscal year 2004.
(4) $55,600,000 for fiscal year 2005.
(5) $64,100,000 for fiscal year 2006.
(b) Graduate and Undergraduate Fellowships.--Of the funds authorized
by subsection (a), the following sums are authorized to be appropriated
to carry out section 303(b)(1):
(1) $3,000,000 for fiscal year 2002.
(2) $3,100,000 for fiscal year 2003.
(3) $3,200,000 for fiscal year 2004.
(4) $3,200,000 for fiscal year 2005.
(5) $3,200,000 for fiscal year 2006.
(c) Junior Faculty Research Initiation Grant Program.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(b)(2):
(1) $5,000,000 for fiscal year 2002.
(2) $7,000,000 for fiscal year 2003.
(3) $8,000,000 for fiscal year 2004.
(4) $9,000,000 for fiscal year 2005.
(5) $10,000,000 for fiscal year 2006.
(d) Nuclear Engineering Education Research Program.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(b)(3):
(1) $8,000,000 for fiscal year 2002.
(2) $12,000,000 for fiscal year 2003.
(3) $13,000,000 for fiscal year 2004.
(4) $15,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(e) Communication and Outreach Related to Nuclear Science and
Engineering.--Of the funds authorized by subsection (a), the following
sums are authorized to be appropriated to carry out section 303(b)(5):
(1) $200,000 for fiscal year 2002.
(2) $200,000 for fiscal year 2003.
(3) $300,000 for fiscal year 2004.
(4) $300,000 for fiscal year 2005.
(5) $300,000 for fiscal year 2006.
(f) Refueling of University Research Reactors and Instrumentation
Upgrades.--Of the funds authorized by subsection (a), the following
sums are authorized to be appropriated to carry out section 303(c)(1):
(1) $6,000,000 for fiscal year 2002.
(2) $6,500,000 for fiscal year 2003.
(3) $7,000,000 for fiscal year 2004.
(4) $7,500,000 for fiscal year 2005.
(5) $8,000,000 for fiscal year 2006.
(g) Relicensing Assistance.--Of the funds authorized by subsection
(a), the following sums are authorized to be appropriated to carry out
section 303(c)(2):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
(h) Reactor Research and Training Award Program.--Of the funds
authorized by subsection (a), the following sums are authorized to be
appropriated to carry out section 303(c)(3):
(1) $6,000,000 for fiscal year 2002.
(2) $10,000,000 for fiscal year 2003.
(3) $14,000,000 for fiscal year 2004.
(4) $18,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(i) University-DOE Laboratory Interactions.--Of the funds authorized
by subsection (a), the following sums are authorized to be appropriated
to carry out section 303(d):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,200,000 for fiscal year 2004.
(4) $1,300,000 for fiscal year 2005.
(5) $1,300,000 for fiscal year 2006.
Subtitle B--Advanced Fuel Recycling Technology Research and Development
Program
SEC. 321. PROGRAM.
(a) In General.--The Secretary, through the Director of the Office of
Nuclear Energy, Science and Technology, shall conduct an advanced fuel
recycling technology research and development program to further the
availability of proliferation-resistant fuel recycling technologies as
an alternative to aqueous reprocessing in support of evaluation of
alternative national strategies for spent nuclear fuel and the
Generation IV advanced reactor concepts, subject to annual review by
the Secretary's Nuclear Energy Research Advisory Committee or other
independent entity, as appropriate.
(b) Reports.--The Secretary shall report on the activities of the
advanced fuel recycling technology research and development program, as
part of the Department's annual budget submission.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year 2003 and
fiscal year 2004.
Subtitle C--Department of Energy Authorization of Appropriations
SEC. 341. NUCLEAR ENERGY RESEARCH INITIATIVE.
(a) Program.--The Secretary, through the Office of Nuclear Energy,
Science and Technology, shall conduct a Nuclear Energy Research
Initiative for grants to be competitively awarded and subject to peer
review for research relating to nuclear energy.
(b) Objectives.--The program shall be directed toward accomplishing
the objectives of--
(1) developing advanced concepts and scientific breakthroughs
in nuclear fission and reactor technology to address and
overcome the principal technical and scientific obstacles to
the expanded use of nuclear energy in the United States;
(2) advancing the state of nuclear technology to maintain a
competitive position in foreign markets and a future domestic
market;
(3) promoting and maintaining a United States nuclear science
and engineering infrastructure to meet future technical
challenges;
(4) providing an effective means to collaborate on a cost-
shared basis with international agencies and research
organizations to address and influence nuclear technology
development worldwide; and
(5) promoting United States leadership and partnerships in
bilateral and multilateral nuclear energy research.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $60,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year 2003 and
fiscal year 2004.
SEC. 342. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.
(a) Program.--The Secretary, through the Office of Nuclear Energy,
Science and Technology, shall conduct a Nuclear Energy Plant
Optimization research and development program jointly with industry and
cost-shared by industry by 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. 343. NUCLEAR ENERGY TECHNOLOGIES.
(a) In General.--The Secretary, through the Office of Nuclear Energy,
Science and Technology, shall conduct a study of Generation IV nuclear
energy systems, including development of a technology roadmap and
performance of research and development necessary to make an informed
technical decision regarding the most promising candidates for
commercial application.
(b) Reactor Characteristics.--To the extent practicable, in
conducting the study under subsection (a), the Secretary shall study
nuclear energy systems that offer the highest probability of achieving
the goals for Generation IV nuclear energy systems, including--
(1) economics competitive with any other generators;
(2) enhanced safety features, including passive safety
features;
(3) substantially reduced production of high-level waste, as
compared with the quantity of waste produced by reactors in
operation on the date of enactment of this Act;
(4) highly proliferation-resistant fuel and waste;
(5) sustainable energy generation including optimized fuel
utilization; and
(6) substantially improved thermal efficiency, as compared
with the thermal efficiency of reactors in operation on the
date of enactment of this Act.
(c) Consultation.--In conducting the study under subsection (a), the
Secretary shall consult with appropriate representatives of industry,
institutions of higher education, Federal agencies, and international,
professional, and technical organizations.
(d) Report.--
(1) In general.--Not later than December 31, 2002, the
Secretary shall transmit to the appropriate congressional
committees a report describing the activities of the Secretary
under this section, and plans for research and development
leading to a public/private cooperative demonstration of one or
more Generation IV nuclear energy systems.
(2) Contents.--The report shall contain--
(A) an assessment of all available technologies;
(B) a summary of actions needed for the most
promising candidates to be considered as viable
commercial options within the five to ten years after
the date of the report, with consideration of
regulatory, economic, and technical issues;
(C) a recommendation of not more than three promising
Generation IV nuclear energy system concepts for
further development;
(D) an evaluation of opportunities for public/private
partnerships;
(E) a recommendation for structure of a public/
private partnership to share in development and
construction costs;
(F) a plan leading to the selection and conceptual
design, by September 30, 2004, of at least one
Generation IV nuclear energy system concept recommended
under subparagraph (C) for demonstration through a
public/private partnership;
(G) an evaluation of opportunities for siting
demonstration facilities on Department of Energy land;
and
(H) a recommendation for appropriate involvement of
other Federal agencies.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section and to carry
out the recommendations in the report transmitted under subsection
(d)--
(1) $20,000,000 for fiscal year 2002; and
(2) such sums as are necessary for fiscal year 2003 and
fiscal year 2004.
SEC. 344. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and Maintenance.--There are authorized to be
appropriated to the Secretary to carry out activities authorized under
this title for nuclear energy operation and maintenance, including
amounts authorized under sections 304(a), 321(c), 341(c), 342(c), and
343(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.
TITLE IV--FOSSIL ENERGY
Subtitle A--Clean Coal
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ``National Electricity and
Environmental Technology Research and Development Act''.
SEC. 402. FINDINGS.
Congress finds that--
(1) reliable, affordable, increasingly clean electricity will
continue to power the growing United States economy;
(2) an increasing use of electrotechnologies, the desire for
continuous environmental improvement, a more competitive
electricity market, and concerns about rising energy prices add
importance to the need for reliable, affordable, increasingly
clean electricity;
(3) coal, which, as of the date of enactment of this Act,
accounts for more than \1/2\ of all electricity generated in
the United States, is the most abundant fossil energy resource
of the United States;
(4) coal comprises more than 85 percent of all fossil
resources in the United States and exists in quantities
sufficient to supply the United States for 250 years at current
usage rates;
(5) investments in electricity generating facility emissions
control technology over the past 30 years have reduced the
aggregate emissions of pollutants from coal-based generating
facilities by 21 percent, even as coal use for electricity
generation has nearly tripled; and
(6) continued environmental improvement in coal-based
generation through continued research, development, and
demonstration toward an ultimate goal of near-zero emissions is
important and desirable.
SEC. 403. DEFINITION.
In this subtitle, the term ``cost and performance-based goals'' means
the cost and performance-based goals established under section 4.
SEC. 404. CLEAN COAL POWER INITIATIVE.
(a) In General.--The Secretary shall carry out a program of research
on and development, demonstration, and commercial application of clean
coal technologies under--
(1) this subtitle;
(2) the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et
seq.); and
(4) title XIII of the Energy Policy Act of 1992 (42 U.S.C.
13331 et seq.).
(b) Conditions.--The research, development, demonstration, and
commercial application program described in subsection (a) shall be
designed to achieve the cost and performance-based goals.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) Clean Coal Power Initiative.--Except as provided in section 406,
there are authorized to be appropriated to the Secretary to carry out
the Clean Coal Power Initiative under section 404 $200,000,000 for each
of the fiscal years 2002 through 2011, to remain available until
expended.
(b) Other Coal and Related Technologies Programs.--Except as provided
in section 406, there are authorized to be appropriated to the
Secretary $172,000,000 for fiscal year 2002, $179,000,000 for fiscal
year 2003, and $186,000,000 for fiscal year 2004, to remain available
until expended, for other coal and related technologies 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.
(c) Limit on use of Funds.--Notwithstanding subsections (a) and (b),
no funds may be used to carry out the activities authorized by this
subtitle after September 30, 2002, unless the Secretary has transmitted
to the appropriate congressional committees the report required by this
subsection and 1 month have elapsed since that transmission. The report
shall include--
(1) with respect to subsection (a), a 10-year plan
containing--
(A) a detailed assessment of whether the aggregate
funding levels provided under subsection (a) are the
appropriate funding levels for that program;
(B) a detailed description of how proposals will be
solicited and evaluated, including a list of all
demonstration activities expected to be undertaken;
(C) a detailed list of technical milestones for each
coal and related technology that will be pursued;
(D) recommendations for a mechanism for recoupment of
Federal funding for successful commercial projects; and
(E) a detailed description of how the program will
avoid problems enumerated in General Accounting Office
reports on the Clean Coal Technology Program, including
problems that have resulted in unspent funds and
projects that failed either financially or
scientifically;
(2) with respect to subsection (b), a plan containing--
(A) a detailed description of how proposals will be
solicited and evaluated, including a list of all
demonstration activities expected to be undertaken; and
(B) a detailed list of technical milestones for each
coal and related technology that will be pursued; and
(3) a description of how the programs will be carried out
under subsection (a) and subsection (b) so as to complement
each other and not duplicate activities.
(d) Applicability.--Subsection (c) shall not apply to any program,
project, or activity begun before September 30, 2001.
SEC. 406. PROJECT CRITERIA.
(a) In General.--The Secretary shall not provide funding for any
research, development, demonstration, or commercial application of coal
and related technologies that do not advance efficiency, environmental
performance, and cost competitiveness well beyond the level of
technologies that are in operation or have been demonstrated as of the
date of the enactment of this Act.
(b) Technical Criteria for Clean Coal Power Initiative.--
(1) Sequestration and gasification.--(A) In allocating the
funds authorized under section 405(a), the Secretary shall
ensure that at least 80 percent of the funds are used only for
projects on carbon sequestration, or coal-based gasification
technologies, including gasification combined cycle,
gasification fuel cells, gasification coproduction and hybrid
gasification/combustion.
(B) The Secretary shall set technical milestones specifying
emissions levels that coal gasification projects must be
designed to and reasonably expected to achieve. The milestones
shall get more restrictive through the life of the program. The
milestones shall be designed to achieve by 2020 coal
gasification projects able--
(i) to remove 99 percent of sulfur dioxide;
(ii) to emit no more than .05 lbs of NOx per million
BTU;
(iii) to remove 95 percent of mercury; and
(iv) to achieve a thermal efficiency of 60 percent
(higher heating value).
(2) Other projects.--For projects not described in paragraph
(1), the Secretary shall set technical milestones specifying
emissions levels that the projects must be designed to and
reasonably expected to achieve. The milestones shall get more
restrictive through the life of the program. The milestones
shall be designed to achieve by 2010 projects able--
(A) to remove 97 percent of sulfur dioxide;
(B) to emit no more than .08 lbs of NOx per million
BTU;
(C) to remove 90 percent of mercury; and
(D) to achieve a thermal efficiency of 45 percent
(higher heating value).
(c) Financial Criteria.--The Secretary shall not provide a funding
award for any research, development, demonstration, or commercial
application of coal and related technologies unless the recipient of
the award has documented to the satisfaction of the Secretary that--
(1) the award recipient is financially viable without the
receipt of additional Federal funding;
(2) the recipient will provide sufficient information to the
Secretary for the Secretary to ensure that the award funds are
spent efficiently and effectively; and
(3) a market exists for the technology being demonstrated or
applied, as evidenced by statements of interest in writing from
potential purchasers of the technology.
(d) Federal Share.--The Federal share of the cost of a coal or
related technology project funded by the Secretary shall not exceed 50
percent.
SEC. 407. CLEAN COAL CENTERS OF EXCELLENCE.
As part of the program authorized in section 405(a), the Secretary
shall award competitive, merit-based grants to universities for the
establishment of Centers of Excellence for Energy Systems of the
Future. Such Centers shall be located at universities with a proven
record of conducting research on, developing, or demonstrating clean
coal technologies. The Secretary shall provide grants to universities
that can show the greatest potential for demonstrating new clean coal
technologies.
Subtitle B--Oil and Gas
SEC. 421. PETROLEUM-OIL TECHNOLOGY.
The Secretary shall conduct a program of research, development,
demonstration, and commercial application on petroleum-oil technology.
The program shall address--
(1) Exploration and Production Supporting Research;
(2) Oil Technology Reservoir Management/Extension; and
(3) Effective Environmental Protection.
SEC. 422. GAS.
The Secretary shall conduct a program of research, development,
demonstration, and commercial application on natural gas technologies.
The program shall address--
(1) Exploration and Production;
(2) Infrastructure; and
(3) Effective Environmental Protection.
Subtitle C--Ultra-Deepwater and Unconventional Drilling
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ``Natural Gas and Other Petroleum
Research, Development, and Demonstration Act of 2001''.
SEC. 442. 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 450;
(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 446(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. 443. 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. 444. 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. 445. 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. 446. 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. 447. 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 446(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 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 444.
SEC. 448. 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 447(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. 449. 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. 450. 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 447(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. 451. 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. 461. 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 481(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. 481. 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. 501. SHORT TITLE.
This subtitle may be cited as the ``Fusion Energy Sciences Act of
2001''.
SEC. 502. FINDINGS.
The Congress finds that--
(1) economic prosperity is closely linked to an affordable
and ample energy supply;
(2) environmental quality is closely linked to energy
production and use;
(3) population, worldwide economic development, energy
consumption, and stress on the environment are all expected to
increase substantially in the coming decades;
(4) the few energy options with the potential to meet
economic and environmental needs for the long-term future
should be pursued as part of a balanced national energy plan;
(5) fusion energy is an attractive long-term energy source
because of the virtually inexhaustible supply of fuel, and the
promise of minimal adverse environmental impact and inherent
safety;
(6) the National Research Council, the President's Committee
of Advisers on Science and Technology, and the Secretary of
Energy Advisory Board have each recently reviewed the Fusion
Energy Sciences Program and each strongly supports the
fundamental science and creative innovation of the program, and
has confirmed that progress toward the goal of producing
practical fusion energy has been excellent, although much
scientific and engineering work remains to be done;
(7) each of these reviews stressed the need for a magnetic
fusion burning plasma experiment to address key scientific
issues and as a necessary step in the development of fusion
energy;
(8) the National Research Council has also called for a
broadening of the Fusion Energy Sciences Program research base
as a means to more fully integrate the fusion science community
into the broader scientific community; and
(9) the Fusion Energy Sciences Program budget is inadequate
to support the necessary science and innovation for the present
generation of experiments, and cannot accommodate the cost of a
burning plasma experiment constructed by the United States, or
even the cost of key participation by the United States in an
international effort.
SEC. 503. PLAN FOR FUSION EXPERIMENT.
(a) Plan for United States Fusion Experiment.--The Secretary, on the
basis of full consultation with the Fusion Energy Sciences Advisory
Committee and the Secretary of Energy Advisory Board, as appropriate,
shall develop a plan for United States construction of a magnetic
fusion burning plasma experiment for the purpose of accelerating
scientific understanding of fusion plasmas. The Secretary shall request
a review of the plan by the National Academy of Sciences, and shall
transmit the plan and the review to the Congress by July 1, 2004.
(b) Requirements of Plan.--The plan described in subsection (a)
shall--
(1) address key burning plasma physics issues; and
(2) include specific information on the scientific
capabilities of the proposed experiment, the relevance of these
capabilities to the goal of practical fusion energy, and the
overall design of the experiment including its estimated cost
and potential construction sites.
(c) United States Participation in an International Experiment.--In
addition to the plan described in subsection (a), the Secretary, on the
basis of full consultation with the Fusion Energy Sciences Advisory
Committee and the Secretary of Energy Advisory Board, as appropriate,
may also develop a plan for United States participation in an
international burning plasma experiment for the same purpose, whose
construction is found by the Secretary to be highly likely and where
United States participation is cost effective relative to the cost and
scientific benefits of a domestic experiment described in subsection
(a). If the Secretary elects to develop a plan under this subsection,
he shall include the information described in subsection (b), and an
estimate of the cost of United States participation in such an
international experiment. The Secretary shall request a review by the
National Academies of Sciences and Engineering of a plan developed
under this subsection, and shall transmit the plan and the review to
the Congress not later than July 1, 2004.
(d) Authorization of Research and Development.--The Secretary,
through the Fusion Energy Sciences Program, may conduct any research
and development necessary to fully develop the plans described in this
section.
SEC. 504. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.
Not later than 6 months after the date of the enactment of this Act,
the Secretary, in full consultation with FESAC, shall develop and
transmit to the Congress a plan for the purpose of ensuring a strong
scientific base for the Fusion Energy Sciences Program and to enable
the experiments described in section 503. Such plan shall include as
its objectives--
(1) to ensure that existing fusion research facilities and
equipment are more fully utilized with appropriate measurements
and control tools;
(2) to ensure a strengthened fusion science theory and
computational base;
(3) to ensure that the selection of and funding for new
magnetic and inertial fusion research facilities is based on
scientific innovation and cost effectiveness;
(4) to improve the communication of scientific results and
methods between the fusion science community and the wider
scientific community;
(5) to ensure that adequate support is provided to optimize
the design of the magnetic fusion burning plasma experiments
referred to in section 503;
(6) to ensure that inertial confinement fusion facilities are
utilized to the extent practicable for the purpose of inertial
fusion energy research and development;
(7) to develop a roadmap for a fusion-based energy source
that shows the important scientific questions, the evolution of
confinement configurations, the relation between these two
features, and their relation to the fusion energy goal;
(8) to establish several new centers of excellence, selected
through a competitive peer-review process and devoted to
exploring the frontiers of fusion science;
(9) to ensure that the National Science Foundation, and other
agencies, as appropriate, play a role in extending the reach of
fusion science and in sponsoring general plasma science; and
(10) to ensure that there be continuing broad assessments of
the outlook for fusion energy and periodic external reviews of
fusion energy sciences.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for the
development and review, but not for implementation, of the plans
described in this subtitle and for activities of the Fusion Energy
Sciences Program $320,000,000 for fiscal year 2002 and $335,000,000 for
fiscal year 2003, of which up to $15,000,000 for each of fiscal year
2002 and fiscal year 2003 may be used to establish several new centers
of excellence, selected through a competitive peer-review process and
devoted to exploring the frontiers of fusion science.
Subtitle B--Spallation Neutron Source
SEC. 521. DEFINITION.
For the purposes of this subtitle, the term ``Spallation Neutron
Source'' means Department Project 99-E-334, Oak Ridge National
Laboratory, Oak Ridge, Tennessee.
SEC. 522. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Construction Funding.--There are authorized to
be appropriated to the Secretary for construction of the Spallation
Neutron Source--
(1) $276,300,000 for fiscal year 2002;
(2) $210,571,000 for fiscal year 2003;
(3) $124,600,000 for fiscal year 2004;
(4) $79,800,000 for fiscal year 2005; and
(5) $41,100,000 for fiscal year 2006 for completion of
construction.
(b) Authorization of Other Project Funding.--There are authorized to
be appropriated to the Secretary for other project costs (including
research and development necessary to complete the project,
preoperations costs, and capital equipment not related to construction)
of the Spallation Neutron Source $15,353,000 for fiscal year 2002 and
$103,279,000 for the period encompassing fiscal years 2003 through
2006, to remain available until expended through September 30, 2006.
SEC. 523. REPORT.
The Secretary shall report on the Spallation Neutron Source as part
of the Department's annual budget submission, including a description
of the achievement of milestones, a comparison of actual costs to
estimated costs, and any changes in estimated project costs or
schedule.
SEC. 524. LIMITATIONS.
The total amount obligated by the Department, including prior year
appropriations, for the Spallation Neutron Source may not exceed--
(1) $1,192,700,000 for costs of construction;
(2) $219,000,000 for other project costs; and
(3) $1,411,700,000 for total project cost.
Subtitle C--Facilities, Infrastructure, and User Facilities
SEC. 541. DEFINITION.
For purposes of this subtitle--
(1) the term ``nonmilitary energy laboratory'' means--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Lawrence Berkeley National Laboratory;
(F) Oak Ridge National Laboratory;
(G) Pacific Northwest National Laboratory;
(H) Princeton Plasma Physics Laboratory;
(I) Stanford Linear Accelerator Center;
(J) Thomas Jefferson National Accelerator Facility;
or
(K) any other facility of the Department that the
Secretary, in consultation with the Director, Office of
Science and the appropriate congressional committees,
determines to be consistent with the mission of the
Office of Science; and
(2) the term ``user facility'' means--
(A) an Office of Science facility at a nonmilitary
energy laboratory that provides special scientific and
research capabilities, including technical expertise
and support as appropriate, to serve the research needs
of the Nation's universities, industry, private
laboratories, Federal laboratories, and others,
including research institutions or individuals from
other nations where reciprocal accommodations are
provided to United States research institutions and
individuals or where the Secretary considers such
accommodation to be in the national interest; and
(B) any other Office of Science funded facility
designated by the Secretary as a user facility.
SEC. 542. FACILITY AND INFRASTRUCTURE SUPPORT FOR NONMILITARY ENERGY
LABORATORIES.
(a) Facility Policy.--The Secretary shall develop and implement a
least-cost nonmilitary energy laboratory facility and infrastructure
strategy for--
(1) maintaining existing facilities and infrastructure, as
needed;
(2) closing unneeded facilities;
(3) making facility modifications; and
(4) building new facilities.
(b) Plan.--The Secretary shall prepare a comprehensive 10-year plan
for conducting future facility maintenance, making repairs,
modifications, and new additions, and constructing new facilities at
each nonmilitary energy laboratory. Such plan shall provide for
facilities work in accordance with the following priorities:
(1) Providing for the safety and health of employees,
visitors, and the general public with regard to correcting
existing structural, mechanical, electrical, and environmental
deficiencies.
(2) Providing for the repair and rehabilitation of existing
facilities to keep them in use and prevent deterioration, if
feasible.
(3) Providing engineering design and construction services
for those facilities that require modification or additions in
order to meet the needs of new or expanded programs.
(c) Report.--
(1) Transmittal.--Within 1 year after the date of the
enactment of this Act, the Secretary shall prepare and transmit
to the appropriate congressional committees a report containing
the plan prepared under subsection (b).
(2) Contents.--For each nonmilitary energy laboratory, such
report shall contain--
(A) the current priority list of proposed facilities
and infrastructure projects, including cost and
schedule requirements;
(B) a current ten-year plan that demonstrates the
reconfiguration of its facilities and infrastructure to
meet its missions and to address its long-term
operational costs and return on investment;
(C) the total current budget for all facilities and
infrastructure funding; and
(D) the current status of each facilities and
infrastructure project compared to the original
baseline cost, schedule, and scope.
(3) Additional elements.--The report shall also--
(A) include a plan for new facilities and facility
modifications at each nonmilitary energy laboratory
that will be required to meet the Department's changing
missions of the twenty-first century, including
schedules and estimates for implementation, and
including a section outlining long-term funding
requirements consistent with anticipated budgets and
annual authorization of appropriations;
(B) address the coordination of modernization and
consolidation of facilities among the nonmilitary
energy laboratories in order to meet changing mission
requirements; and
(C) provide for annual reports to the appropriate
congressional committees on accomplishments,
conformance to schedules, commitments, and
expenditures.
SEC. 543. USER FACILITIES.
(a) Notice Requirement.--When the Department makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users.
(b) Competition Requirement.--When the Department considers the
participation of a university or other potential user in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a participant.
(c) Prohibition.--The Department may not redesignate a user facility,
as defined by section 541(b) as something other than a user facility
for avoid the requirements of subsections (a) and (b).
Subtitle D--Advisory Panel on Office of Science
SEC. 561. ESTABLISHMENT.
The Director of the Office of Science and Technology Policy, in
consultation with the Secretary, shall establish an Advisory Panel on
the Office of Science comprised of knowledgeable individuals to--
(1) address concerns about the current status and the future
of scientific research supported by the Office;
(2) examine alternatives to the current organizational
structure of the Office within the Department, taking into
consideration existing structures for the support of scientific
research in other Federal agencies and the private sector; and
(3) suggest actions to strengthen the scientific research
supported by the Office that might be taken jointly by the
Department and Congress.
SEC. 562. REPORT.
Within 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. 581. AUTHORIZATION OF APPROPRIATIONS.
(a) Operation and maintenance.--Including the amounts authorized to
be appropriated for fiscal year 2002 under section 505 for Fusion
Energy Sciences and under section 522(b) for the Spallation Neutron
Source, there are authorized to be appropriated to the Secretary for
the Office of Science (also including 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 522(a) for construction of the Spallation
Neutron Source, there are authorized to be appropriated to the
Secretary for Science--
(1) $11,400,000 for fiscal year 2002 for completion of
construction of Project 98-G-304, Neutrinos at the Main
Injector, Fermi National Accelerator Laboratory;
(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. 601. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
APPLICATION OF ENERGY TECHNOLOGY PROGRAMS,
PROJECTS, AND ACTIVITIES.
(a) Authorized Activities.--Except as otherwise provided in this Act,
research, development, demonstration, and commercial application
programs, projects, and activities for which appropriations are
authorized under this Act may be carried out under the procedures of
the Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5901 et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.), or any other Act under which the Secretary is authorized to
carry out such programs, projects, and activities, but only to the
extent the Secretary is authorized to carry out such activities under
each such Act.
(b) Authorized Agreements.--Except as otherwise provided in this Act,
in carrying out research, development, demonstration, and commercial
application programs, projects, and activities for which appropriations
are authorized under this Act, the Secretary may use, to the extent
authorized under applicable provisions of law, contracts, cooperative
agreements, cooperative research and development agreements under the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.), grants, joint ventures, and any other form of agreement
available to the Secretary.
(c) Definition.--For purposes of this section, the term ``joint
venture'' has the meaning given that term under section 2 of the
National Cooperative Research and Production Act of 1993 (15 U.S.C.
4301), except that such term may apply under this section to research,
development, demonstration, and commercial application of energy
technology joint ventures.
(d) Protection of Information.--Section 12(c)(7) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)),
relating to the protection of information, shall apply to research,
development, demonstration, and commercial application of energy
technology programs, projects, and activities for which appropriations
are authorized under this Act.
(e) Inventions.--An invention conceived and developed by any person
using funds provided through a grant under this Act 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 Act 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.
(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. 602. 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 Act may
be used to award a management and operating contract for a
federally owned or operated nonmilitary energy laboratory of
the Department unless such contract is awarded using
competitive procedures or the Secretary grants, on a case-by-
case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such a
waiver.
(2) Congressional notice.--At least 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 Act may be
used to produce or provide articles or services for the purpose of
selling the articles or services to a person outside the Federal
Government, unless the Secretary determines that comparable articles or
services are not available from a commercial source in the United
States.
(c) Requests for Proposals.--None of the funds authorized to be
appropriated to the Secretary by this Act 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. 603. COST SHARING.
(a) Research and Development.--Except as otherwise provided in this
Act, for research and development programs carried out under this Act,
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 Act, the Secretary shall require at least 50 percent
of the costs directly and specifically related to any demonstration or
commercial application project under this Act 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 Act.
(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. 604. LIMITATION ON DEMONSTRATION AND COMMERCIAL APPLICATION OF
ENERGY TECHNOLOGY.
Except as otherwise provided in this Act, the Secretary shall provide
funding for scientific or energy demonstration and commercial
application of energy technology programs, projects, or activities only
for technologies or processes that can be reasonably expected to yield
new, measurable benefits to the cost, efficiency, or performance of the
technology or process.
SEC. 605. REPROGRAMMING.
(a) Authority.--The Secretary may use amounts appropriated under this
Act for a program, project, or activity other than the program,
project, or activity for which such amounts were appropriated only if--
(1) the Secretary has transmitted to the appropriate
congressional committees a report described in subsection (b)
and a period of 30 days has elapsed after such committees
receive the report;
(2) amounts used for the program, project, or activity do not
exceed--
(A) 105 percent of the amount authorized for the
program, project, or activity; or
(B) $250,000 more than the amount authorized for the
program, project, or activity,
whichever is less; and
(3) the program, project, or activity has been presented to,
or requested of, the Congress by the Secretary.
(b) Report.--(1) The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of the
proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated by the Secretary pursuant to this Act exceed the total amount
authorized to be appropriated to the Secretary by this Act.
(2) Funds appropriated to the Secretary pursuant to this Act may not
be used for an item for which Congress has declined to authorize funds.
Subtitle B--Other Miscellaneous Provisions
SEC. 611. NOTICE OF REORGANIZATION.
The Secretary shall provide notice to the appropriate congressional
committees not later than 15 days before any reorganization of any
environmental research or development, scientific or energy research,
development, or demonstration, or commercial application of energy
technology program, project, or activity of the Department.
SEC. 612. LIMITS ON GENERAL PLANT PROJECTS.
If, at any time during the construction of a civilian environmental
research and development, scientific or energy research, development,
or demonstration, or commercial application of energy technology
project of the Department for which no specific funding level is
provided by law, the estimated cost (including any revision thereof) of
the project exceeds $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. 613. LIMITS ON CONSTRUCTION PROJECTS.
(a) Limitation.--Except as provided in subsection (b), construction
on a civilian environmental research and development, scientific or
energy research, development, or demonstration, or commercial
application of energy technology project of the Department for which
funding has been specifically provided by law may not be started, and
additional obligations may not be incurred in connection with the
project above the authorized funding amount, whenever the current
estimated cost of the construction project exceeds by more than 10
percent the higher of--
(1) the amount authorized for the project, if the entire
project has been funded by the Congress; or
(2) the amount of the total estimated cost for the project as
shown in the most recent budget justification data submitted to
Congress.
(b) Notice.--An action described in subsection (a) may be taken if--
(1) the Secretary has submitted to the appropriate
congressional committees a report on the proposed actions and
the circumstances making such actions necessary; and
(2) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(c) Exclusion.--In the computation of the 30-day period described in
subsection (b)(2), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(d) Exception.--Subsections (a) and (b) shall not apply to any
construction project that has a current estimated cost of less than
$5,000,000.
SEC. 614. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress
a request for funds for a construction project that is in support of a
civilian environmental research and development, scientific or energy
research, development, or demonstration, or commercial application of
energy technology program, project, or activity of the Department, the
Secretary shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $750,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request for
funds for a construction project, the total estimated cost of which is
less than $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. 615. NATIONAL ENERGY POLICY DEVELOPMENT GROUP MANDATED REPORTS.
(a) The Secretary's Review of Energy Efficiency Renewable Energy, and
Alternative Energy Research and Development.--Upon completion of the
Secretary's review of current funding and historic performance of the
Department's energy efficiency, renewable energy, and alternative
energy research and development programs in response to the
recommendations of the May 16, 2001, Report of the National Energy
Policy Development Group, the Secretary shall transmit a report
containing the results of such review to the appropriate congressional
committees.
(b) Review and Recommendations on Using the Nation's Energy Resources
More Efficiently.--Upon completion of the Office of Science and
Technology Policy and the President's Council of Advisors on Science
and Technology reviewing and making recommendations on using the
Nation's energy resources more efficiently, in response to the
recommendation of the May 16, 2001, Report of the National Energy
Policy Development Group, the Director of the Office of Science and
Technology Policy shall transmit a report containing the results of
such review and recommendations to the appropriate congressional
committees.
SEC. 616. 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
Act, as well as the measurable cost and performance-based goals for
such programs as established under section 4, 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.
II. Purpose of the Bill
The purpose of H.R. 2460, the Comprehensive Energy Research
and Technology Act of 2001, is to authorize appropriations for
environmental research and development (R&D), scientific and
energy research, development, and demonstration (RD&D), and
commercial application of energy technology programs, projects,
and activities of the Department of Energy (DOE) and of the
Office of Air and Radiation (OAR) of the Environmental
Protection Agency (EPA), and for other purposes.
III. Background and Need for the Legislation
Affordable energy is essential to the Nation's continued
prosperity. Volatile world oil markets, soaring natural gas and
electricity prices, and energy shortages in a number of parts
of the United States have replaced the relatively low energy
prices enjoyed over most of the past two decades. In addition,
there are increasing concerns about the environmental impacts
of energy use, particularly with respect to climate change.
Consequently, energy is again on the front burner of the
Nation's agenda.
In his second week in office, President George W. Bush
established the National Energy Policy Development (NEPD)
Group, chaired by Vice President Cheney, and directed it to
develop a national energy policy designed to promote
dependable, affordable, environmentally sound production and
distribution of energy for the future. On May 16, 2001, the
NEPD Group reported its more than 100 recommendations to the
President, which he adopted and began to implement.
Although the majority of the NEPD Group's recommendations
are administrative in nature, a significant number of
initiatives require congressional action. The President sent
his legislative agenda to the Congress on June 28 stating that
he was looking forward to working closely with Congress to
implement critical components of a comprehensive energy plan.
The Committee on Science has a significant role in the
legislative implementation of the President's National Energy
Policy. Under rule X, clause 1(n)(1) of the Rules of the House,
the Committee on Science has jurisdiction over ``all bills,
resolutions, and other matters relating to * * * [all] energy
research, development, and demonstrations, and projects
therefor,* * *'' [emphases added]. Similarly, under rule X,
clause 1(n)(4), the Committee has jurisdiction over
environmental R&D; under rule X, clause 1(n)(6), the Committee
has jurisdiction over the commercial application of energy
technology; and under rule X, clause 1(n)(14), the Committee
has jurisdiction over scientific RD&D.
The areas encompassed by the Committee's jurisdiction are
performed by a number of Federal agencies, including the
Department of Commerce, DOE, Department of Transportation, the
Environmental Protection Agency (EPA), the National Aeronautics
and Space Administration (NASA), the National Institute of
Science and Technology (NIST), the National Science Foundation,
and the Office of Science and Technology Policy (OSTP).
H.R. 2460 focuses primarily on DOE and EPA. DOE supports
major energy and scientific RD&D and commercial application
activities, including solar and renewable energy, energy
efficiency, fossil energy, and nuclear and fusion energy, and
is also a major funding source for science. In addition, EPA's
Office of Air and Radiation (OAR) conducts not only
environmental R&D, but also scientific and energy RD&D and
commercial application of energy technology programs,
particularly in the conduct of its Climate Change Protection
Programs.
DOE's general authority lies in various statutes, including
the Atomic Energy Act of 1954, as amended (P.L. 83-703), the
Energy Reorganization Act of 1974 (P.L. 93-438), the Federal
Nonnuclear Energy Research and Development Act of 1974 (P.L.
93-577), and the Department of Energy Organization Act (P.L.
95-91)--which established DOE in the Executive Branch on
October 1, 1977, as a cabinet-level agency. Beyond this general
authority, statutes such as the Energy Policy Act of 1992 (P.L.
102-486) authorize numerous specific RD&D and commercial
application activities. However, with two exceptions--methane
hydrate R&D \1\ and Renewable Indian Energy Resources \2\--none
of the existing Department's civilian programs has specific
authorizations for fiscal year (FY) 2002 and beyond. This
circumstance, in and of itself, dictates a compelling need for
a comprehensive authorization bill to provide guidance and
direction to the Department that will preserve and strengthen
the Nation's energy future and science base.
---------------------------------------------------------------------------
\1\ Methane hydrate research and development is authorized at $7.5
million for FY 2002, $11.0 million for FY 2003, and at $12.0 million
for each of FY 2004 and FY 2005 by the Methane Hydrate Research and
Development Act of 2000 (Public Law 106-193).
\2\ Renewable Indian Energy Resources is authorized at $30.0
million for each of FY 2000-2003 by the Energy Conservation
Reauthorization Act of 1998 (P.L. 105-388).
---------------------------------------------------------------------------
EPA was established in the Executive Branch on December 2,
1970, as an independent agency pursuant to President Nixon's
Reorganization Plan No. 3 of July 9, 1970 (5 U.S.C. app.) to
``integrate environmental management activities involving
pollution control into a coordinated and comprehensive
program.'' \3\
---------------------------------------------------------------------------
\3\ Library of Congress. Congressional Research Service.
Environmental Protection: An Historical Review of Legislation and
Programs of the Environmental Protection Agency, Report No. 83-34 ENR,
March 3, 1983, p. 1.
---------------------------------------------------------------------------
EPA's statutory mandate for RD&D and commercial application
has grown from provisions of many environmental protection laws
as enacted or amended diver the years. Congress has conferred
on EPA the authority to conduct basic and applied research, to
develop and demonstrate new technologies, to monitor the
ambient environment, and to conduct diverse special studies in
two ways: (1) in the context of at least 12 different
environmental protection laws; \4\ and (2) in the Environmental
Research, Development, and Demonstration Authorization Act
(ERDDA). The Committee believes that the fact that none of the
EPA OAR programs has specific authorizations for FY 2002 and
beyond demonstrates the need for such legislation.
---------------------------------------------------------------------------
\4\ Library of Congress. Congressional Research Service.
Environmental Laws: Summaries of Statutes Administered by the
Environmental Protection Agency, RL30798, January 4, 2001, p. 107.
These 12 statutes include: (1) The Clean Air Act, especially sections
103, 104, 153, and 319; (2) the Clean Water Act, especially title I,
sections 104-11; (3) the Safe Drinking Water Act, especially sections
1442 and 1444; (4) the Marine Protection, Research and Sanctuaries Act
(Ocean Dumping Act), especially Title II and Title IV; (5) the Solid
Waste Disposal Act/Resource Conservation and Recovery Act, subtitle H,
sections 8001-8007; (6) the Federal Insecticide, Fungicide, and
Rodenticide Act, section 20; (7) the Pesticide Research Act; (8) the
Toxic Substances Control Act, especially section 10; (9) the Noise
Control Act, section 14; (10) the National Environmental Policy Act,
section 204(5); (11) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (Superfund), section 311 as
amended by the Superfund Amendments and Reauthorization Act of 1986
section 209; and (12) the Acid Precipitation Act of 1980.
---------------------------------------------------------------------------
The Committee believes this bill, H.R. 2460--which
authorizes appropriations for environmental R&D, scientific and
energy RD&D, and commercial application of energy technology
programs, projects, and activities of the DOE and the EPA OAR--
meets the Committee's responsibilities to set priorities for a
balanced energy and science portfolio and fundamental science
that is vital to the Nation's future.
IV. Summary of Hearings
The Full Committee on Science held 3 hearings and the
Subcommittee on Energy held 7 hearings relevant to H.R. 2460.
The Full Committee hearings included:
1. February 28, 2001 hearing on The Nation's Energy Future:
Role of Renewable Energy and Energy Efficiency to address three
questions:
--What are the current and projected near- and mid-
term contributions of renewable energy and energy
efficiency to the Nation's energy mix?
--Have renewable energy and energy efficiency
performed as expected, and if not, why not?
--What programs and/or policies are needed to ensure
that renewable energy and energy efficiency achieve
their potential?
Witnesses were: (1) Mary J. Hutzler, Director, Office of
Integrated Analysis and Forecasting, Energy Information
Administration, DOE; (2) Professor John P. Holdren, Harvard
University, Chair, President's Committee of Advisors on Science
and Technology Energy Research and Development Panel; (3)
Kenneth K. Humphreys, Senior Staff Engineer, Energy, Science
and Technology Division, Pacific Northwest National Laboratory;
and (4) Joel Darmstadter, Senior Fellow, Energy and Natural
Resources Division, Resources for the Future.
2. May 23, 2001 hearing on the National Energy Policy--
Report of the National Energy Policy Development Group.
Witnesses were: (1) The Honorable William F. Martin, Chairman
of Washington Policy and Analysis, Inc., on behalf of the
Alliance for Energy and Economic Growth; (2) Katherine H.
Hamilton, Co-Director of the American Bioenergy Association;
and (3) David G. Hawkins, Director of the Natural Resources
Defense Council Climate Center.
3. June 21, 2001 hearing on the National Energy Policy--
Report of the National Energy Policy Development Group:
Administration View to receive testimony from The Honorable
Spencer Abraham, Secretary of Energy.
The Subcommittee on Energy hearings included the following:
1. March 22, 2001 hearing on H.R. 723: Civil Penalties for
Nuclear Safety Violations by Nonprofit Department of Energy
Contractors Under the Atomic Energy Act of 1954 to address
proposed legislation that would amend the Atomic Energy Act of
1954 to remove the exemption of nonprofit DOE contractors from
civil penalties for violating DOE rules regulations, and orders
relating to nuclear safety. Witnesses were: (1) Eric J. Fygi,
DOE Acting General Counsel; (2) Gary L. Jones, Associate
Director, Energy, Resources, and Science Issues, U.S. General
Accounting Office; (3) Guy Cunningham, Associate General
Counsel, Battelle Memorial Institute; and (4) Robert L. Van
Ness, Assistant Vice President for Laboratory Administration,
University of California. In addition, the Subcommittee
received testimony for the record from Representative Joe
Barton of Texas, Chairman of the House Energy and Commerce
Subcommittee on Energy and Air Quality, and the author of H.R.
723.
2. April 26, 2001 hearing on the Department of Energy
Fiscal Year 2002 Budget Request to consider the
Administration's Fiscal Year (FY) 2002 request for the DOE.
Administration witnesses were: (1) Dr. James F. Decker, Acting
Director, DOE Office of Science; (2) John Sullivan, DOE Acting
Deputy Assistant Secretary for Planning, Budget and Management
on behalf of Dr. Abraham E. Haspel, Acting Director, DOE Office
of Energy Efficiency and Renewable Energy; (3) Robert S.
Kripowicz, DOE Acting Assistant Secretary for Fossil Energy,
Office of Fossil; (4) Dr. Gail Marcus, Principal Deputy
Director, DOE Office of Nuclear Energy, Science and Technology,
on behalf of William D. Magwood, IV, Director, DOE Office of
Nuclear Energy, Science and Technology; (5) Steven V. Cary,
Acting Assistant Secretary, DOE Office of Environment, Safety
and Health; and (6) James M. Owendoff, Deputy Assistant
Secretary, DOE Office of Environmental Management. Outside
witnesses were: (1) Dr. George H. Trilling, President, American
Physical Society; (2) Dr. Scott W. Tinker, Director, Bureau of
Economic Geology, University of Texas at Austin; (3) Dr. James
A. Lake, President, American Nuclear Society; and (4) Michael
L. Marvin, President, Business Council for Sustainable Energy.
3. May 3, 2001 hearing on Energy Realities: Rates of
Consumption, Energy Reserves, and Future Options to examine
what advanced technology options may be available to provide
energy in the future. Witnesses were: (1) Dr. Albert A.
Bartlett, Professor Emeritus of Physics, University of Colorado
at Boulder; (2) Dr. Suzanne D. Weedman, Program Coordinator,
Energy Resources Programs, U.S. Geological Survey; (3) Dr. W.
David Montgomery, Vice President, Charles River Associates; (4)
Howard S. Geller, Executive Director Emeritus, American Council
for an Energy Efficient Economy; (5) Henry A. Courtright, Vice
President, Power Generation and Distributed Resources, Electric
Power Research Institute; and, (6) Dr. Alexandra von Meier,
Director, Environmental Technology Center, Sonoma State
University.
4. May 17, 2001 hearing on the Department of Energy Office
of Science--Issues and Opportunities to receive testimony on
the current status of the DOE's Office of Science programs,
future opportunities, and major issues that confront the
Office. Witnesses included: (1) Professor Frederick J. Gilman
(Department of Physics Carnegie Mellon University), chair, DOE
High Energy Physics Advisory Panel; (2) Dr. T. James Symons
(Nuclear Sciences Division, Lawrence Berkeley National
Laboratory), chair, DOE/NSF Nuclear Science Advisory Committee;
(3) Dr. Geraldine L. Richmond (Department of Chemistry,
University of Oregon), Chair, DOE Basic Energy Sciences
Advisory Committee; (4) Dr. Keith O. Hodgson (Director,
Stanford Synchrotron Radiation Laboratory Department of
Chemistry, Stanford University), Chair, DOE Biological and
Environmental Research Advisory Committee; (5) Professor
Richard D. Hazeltine (University of Texas at Austin, Institute
for Fusion Studies), Chair, DOE Fusion Energy Sciences Advisory
Committee; (6) Dr. Margaret H. Wright (Bell Laboratories/Lucent
Technologies), Chair, DOE Advanced Scientific Computing
Advisory Committee; (7) Dr. Robert C. Richardson, Vice Provost
for Research, Cornell University, and recipient of the 1996
Nobel Prize in Physics; (8) Dr. Charles V. Shank, Director,
Lawrence Berkeley National Laboratory; and (9) Professor James
F. Drake, Institute for Plasma Research, University of
Maryland.
5. May 24, 2001 hearing on Energy Conservation Potential of
Extended and Double Daylight Saving Time to examine the
potential energy savings that may result from extending the
months during which Daylight Saving Time (DST) is in effect and
from ``double daylight saving time'' (DDST)--advancing clocks
by two hours in months with long periods of daylight. Witnesses
included: (1) The Honorable Brad Sherman, Member of Congress
representing the Twenty-Fourth District of California; (2)
LindaLawson, Acting Deputy Assistant Secretary for Policy, U.S.
Department of Transportation; and (3) James C. Benfield of Bracy
Williams & Co. In addition, the California Energy Commission and
William R. Harris, an attorney and consultant on energy and DST,
submitted testimony for the record.
6. June 12, 2001 hearing on the President's National Energy
Policy: Clean Coal Technology and Oil and Gas R&D to examine
the current status of coal and oil and gas technologies and R&D
efforts, and the extent to which technologies derived from this
R&D will extend the life of these resources. Witnesses
included: (1) Robert S. Kripowicz, Acting DOE Assistant
Secretary for Fossil Energy; (2) Ben Yamagata, Executive
Director of the Coal Utilization Research Council; (3) James E.
Wells, Director of Natural Resources and Environment, U.S.
General Accounting Office; (4) Katherine Abend, Global Warming
Associate, U.S. Public Interest Research Group; (5) John S.
Mead, Director of the Coal Research Center, Southern Illinois
University-Carbondale; (6) Virginia B. Lazenby, Chairman and
CEO of Bretagne, GP, Nashville, Tennessee, on behalf of the
Independent Petroleum Association of America; (7) Paul Cuneo,
Vice President and Chief Information Officer of Equiva
Services, LLC, Houston, Texas; (8) Dr. Craig W. Van Kirk,
Professor of Petroleum Engineering and Head of the Department
of Petroleum Engineering at the Colorado School of Mines,
Golden, Colorado; and (9) Dr. Alan R. Huffman, Manager of
Conoco's Seismic Imaging Technology Center, Houston, Texas.
7. June 14, 2001 hearing on the President's National Energy
Policy: Hydrogen and Nuclear Energy R&D Legislation to receive
testimony regarding legislation: (1) to reauthorize the Spark
A. Matsunaga Hydrogen Research, Development, and Demonstration
Act of 1990/Hydrogen Future Act of 1996; and (2) on nuclear
energy R&D provisions contained in H.R. 1679, the Electricity
Supply Assurance Act of 2001, introduced by Representative
Lindsey Graham of South Carolina and in H.R. 2126, the
Department of Energy University Nuclear Science and Engineering
Act, introduced by Representative Judy Biggert of Illinois.
Witnesses included: (1) The Honorable David K. Garman, DOE
Assistant Secretary for Energy Efficiency and Renewable Energy;
(2) Dr. H.M. Hubbard, Chair, Committee on Programmatic Review
of the U.S. Department of Energy's Office of Power
Technologies, National Research Council; (3) Arthur T.
Katsaros, Group Vice President-Engineered Systems and
Development, Air Products and Chemicals, Inc., Lehigh Valley,
Pennsylvania, on behalf of the National Hydrogen Association;
(4) David P. Haberman, Chairman, DCH Technology, Inc.,
Valencia, California; and (5) Dr. Peter Lehman, Director,
Schatz Energy Research Center, Humboldt State University,
Arcata, California; (6) The Honorable Lindsey Graham, Member of
Congress representing the Third District of South Carolina; (7)
the Honorable Judy Biggert, Member of Congress representing the
Thirteenth District of Illinois; (8) William D. Magwood, IV,
Director, DOE Office of Nuclear Energy, Science and Technology;
(9) Joe Colvin, President, Nuclear Energy Institute; (10) John
Kotek, Argonne National Laboratory-West, Idaho Falls, Idaho,
and Co-Chair, Public Policy Committee, American Nuclear
Society; and (11) Anna Aurilio, Legislative Director, U.S.
Public Interest Research Group.
V. Committee Action
As summarized above, the Full Committee on Science heard
testimony relevant to the programs authorized in H.R. 2460 at
hearings held on February 28, May 23, and June 21, 2001, and
the Subcommittee on Energy heard testimony relevant to the
programs authorized in H.R. 2460 at hearings held on March 22,
April 26, May 3, May 17, May 24, June 12, and June 14, 2001.
On July 11, 2001, Chairman Sherwood L. Boehlert of the
Committee on Science introduced H.R. 2460, the Comprehensive
Energy Research and Technology Act of 2001, a bill to authorize
appropriations for environmental research and development,
scientific and energy research, development, and demonstration,
and commercial application of energy technology programs,
projects, and activities of the Department of Energy and of the
Office of Air and Radiation of the Environmental Protection
Agency, and for other purposes.
The Subcommittee on Energy was discharged from further
consideration of H.R. 2460 on July 17, 2001.
The Committee on Science met to consider H.R. 2460 on
Wednesday, July 18, 2001, and entertained the following
amendments.
Amendment 1.--Mr. Boehlert, Chairman of the Committee on
Science, asked and received unanimous consent to offer en bloc
amendments on behalf of himself and Mr. Hall of Texas, Ranking
Minority Member of the Committee on Science. The en bloc
amendments, which were adopted by voice vote: (1) amended
section 4 (Goals) to set specific technology goals for programs
and clarified that reports on the setting of goals for new
programs are due within 120 days of the program beginning
operation; (2) amended section 7 (Balance of Funding
Priorities) to make clear that the Committee expects the ratios
among the spending levels for the programs in the bill to be
maintained and requires a report if that does not happen; (3)
amended title I, subtitle A (Alternative Fuel Vehicles) to add
ethanol, propane, and ultra low-sulfur diesel vehicles to the
alternative fuel vehicle competitive grant pilot program; (4)
amended title I, subtitle B (Distributed Energy Resources) to
promote research on distributed power hybrid energy systems;
(5) added four new subtitles to title I to authorize research
on the reuse of the batteries that power electric vehicles, to
create an Interagency Group to address energy conservation and
research and development and related issues on building
technologies, to demonstrate cleaner technologies for school
buses, and to establish a next generation lighting initiative;
(6) modified bill language on cost-sharing requirements to
conform with existing law; (7) added definitions for bioenergy
programs; (8) added a new subtitle to title II for RD&D and
commercial application of transmission infrastructure systems;
(9) added new sections in title II (Renewable Energy) to
require research on wave powered electric generation and an
assessment of renewable energy resources; (10) added a
reporting requirement to the programs on nuclear science and
engineering authorized under, title III, subtitle A; (11) added
language to title IV, subtitle A (Clean Coal) to ensure that
the clean coal program funds environmental improvements and to
establish Clean Coal Centers of Excellence; (12) added a new
subtitle C to title IV to authorize RD&D of ultra-deepwater
natural gas and other petroleum exploration and production
technologies; (13) expanded current fuel cell RD&D programs to
include demonstration of manufacturing production and
processes; (14) authorized $5.0 million for FY 2002 for
research in title V (Science) in the use of precious metals in
catalysis; and (15) made other clarifying and technical
amendments.
Amendment 2.--Ms. Woolsey offered and withdrew an amendment
to the en bloc amendments to strike section 322 of H.R. 2460,
which authorizes an advanced fuel recycling technology research
and development program.
Amendment 3.--Ms. Woolsey offered an amendment to the en
bloc amendments to reduce the FY 2002 authorization for Nuclear
Energy Technologies in section 343(e) from $20.0 million to
$4.5 million, and to reduce the FY 2002 authorization for
nuclear energy operation and maintenance in section 344(a) from
$191.2 million to $175.7 million. The amendment was rejected by
a recorded vote of 18 ayes to 20 noes.
Amendment 4.--Ms. Woolsey offered and withdrew an amendment
to H.R. 2460 to add ``Subtitle E--Advanced Aeronautical
Systems'' to Title I to authorize appropriations of $50.0
million in FY 2002, $55.0 million in FY 2003, $60.0 million in
FY 2004, $65.0 million in FY 2005, and $70.0 million in FY 2006
to the Administrator of the National Aeronautics and Space
Administration (NASA) and to direct NASA to develop: (1)
technologies that would enable a 50 percent increase in
aircraft engine efficiencies by 2010; and (2) air
transportation management operation concepts and procedures
that would enable a 25 percent increase in the energy
efficiency of the overall air transport system, as compared to
the efficiency as of the date of enactment of the Act.
Amendment 5.--Ms. Jackson-Lee offered and withdrew an
amendment to H.R. 2460 to add ``Subtitle E--Energy Pipeline
Research and Development'' to Title IV to direct the Secretary
of Transportation, in coordination with the Secretary of Energy
and the Director of the National Science Foundation to develop
and implement an accelerated cooperative program of research,
development, and demonstration to ensure the integrity,
reliability, safety, and security of natural gas and hazardous
liquid pipelines.
Amendment 6.--Mr. Hoeffel discussed, but did not offer, an
amendment to H.R. 2460 to add ``Subtitle F--Nanoscale Science
and Engineering'' to Title V, to authorize a multiyear
nanoscale science and engineering program to be administered by
the DOE Office of Science.
Amendment 7.--Ms. Lofgren offered an amendment to the en
bloc amendments to H.R. 2460 to insert language clarifying that
only areas currently available for Outer Continental Shelf
leasing may be used for ultra-deepwater natural gas and other
petroleum exploration and production technology research,
development and demonstration. The amendment was adopted by
voice vote.
Amendments 8 and 9.--Mr. Nethercutt asked for and received
unanimous consent to offer two amendments to the en bloc
amendments to H.R. 2460. Amendment 8 clarified language in
section 124 relating to the High Power Density Industry
Program, and Amendment 9 clarified language in sections 241(a)
and (b) relating to transmission infrastructure systems
research, development, demonstration, and commercial
application. The amendments were adopted by voice vote.
With a quorum present, Mr. Costello moved that the
Committee favorably report the bill, H.R. 2460, as amended, to
the House with the recommendation that the bill as amended do
pass; that the staff be instructed to prepare the legislative
report and make necessary technical and conforming changes; and
that the Chairman take all necessary steps to bring the bill
before the House for consideration. The motion was agreed to by
voice vote.
Mr. Boehlert asked and received unanimous consent that: (1)
Members have two subsequent calendar days in which to submit
supplemental, minority or additional views on the measure; and
(2) pursuant to clause 1 of rule XXII of the Rules of the House
of Representatives, the Chairman may offer such motions as may
be necessary in the House to go to conference with the Senate
on H.R. 2460 or a similar Senate bill.
VI. Summary of Major Provisions of the Bill
Section 4 (Goals) sets specific technology goals for
programs and clarifies that reports on the setting of goals for
new programs are due within 120 days of the program beginning
operation.
Section 7 (Balance of Funding Priorities) makes clear that
the Committee expects the ratios among the spending levels for
the programs in the bill to be maintained and requires a report
if that does not happen.
Title I (Energy Conservation and Energy Efficiency)
authorizes $3,134,100,000 for FY 2002-FY 2006 in six subtitles,
as follows:
1. A--Alternative Fuel Vehicles: $200.0 million for FY 2002
for not more than 15 grants (with a maximum grant size of $20.0
million) to State and local governments, or metropolitan
transit authorities for the demonstration and commercial
application of alternative fuel and ultra-low sulfur diesel
vehicles.
2. B--Distributed Power Hybrid Energy Systems: Section 125
authorizes $20.0 million for FY 2002 for competitive, merit-
based grants for the development of micro-generation energy
technology.
3. C--Secondary Electric Vehicle Battery Use: $1.0 million
for FY 2002, and $7.0 million for each of FY 2003 and FY 2004
for an RD&D program.
4. D--Green School Buses: $40.0 million for FY 2002, $50.0
million for FY 2003, $60.0 million for FY 2004, $70.0 million
for FY 2005, and $70.0 million for FY 2006 for competitive
grants for the demonstration and commercial application of
alternative fuel and ultra-low sulfur diesel school buses.
5. E--Next Generation Lighting Initiative: Authorizes the
Secretary of Energy (Secretary) to research, develop, and
conduct demonstration activities on advanced lighting
technologies, including white light emitting diodes.
6. F--DOE Authorization of Appropriations: In addition to
the amounts authorized under subtitle A, section 125 of
subtitle B, and subtitle D, authorizes $625.0 million for FY
2002, $700.0 million for FY 2003, and $800.0 million for FY
2004 for subtitles B, C, E, and the Energy Conservation
operation and maintenance (including Building Technology, State
and Community Sector (Nongrants), Industry Sector,
Transportation Sector, Power Technologies, and Policy and
Management).
7. G--EPA OAR Authorization of Appropriations: $156.7
million for FY 2002, $163.0 million for FY 2003, and $169.4
million for FY 2004.
In addition, subtitle H (National Building Performance
Initiative) requires the Director of OSTP to establish and
Interagency Group responsible for the development and
implementation of a National Building Performance Initiative to
address energy conservation and R&D and related issues.
Title II (Renewable Energy) authorizes $2,468,200,000 for
FY 2002-FY 2006 in four subtitles, as follows:
1. A--Hydrogen: $60.0 million for FY 2002, $70.0 million
for FY 2003, $80.0 million for FY 2004, $90.0 million for FY
2005, and $100.0 million for FY 2006.
2. B--Bioenergy: $148.2 million for FY 2002, $162.9 million
for FY 2003, $179.9 million for FY 2004, $199.4 million for FY
2005, and $221.8 million for FY 2006.
3. C--Transmission Infrastructure Systems: Directs the
Secretary to develop and implement a comprehensive RD&D and
commercial application program to ensure the reliability,
efficiency, and environmental integrity of electrical
transmission systems.
4. D--DOE Authorization of Appropriations: $535.0 million
for FY 2002, $639.0 million for FY 2003, and $683.0 million for
FY 2004, $70.0 million for FY 2005, and $70.0 million for FY
2006, including the amounts authorized under subtitle A and
subtitle B and for Renewable Energy operation and maintenance,
including 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 Program, Renewable Energy
Production Incentive Program, Renewable Program Support,
National Renewable Energy Laboratory, and Program Direction.
Title III (Nuclear Energy) authorizes $724,995,000 for FY
2002-FY 2006 in three subtitles, as follows:
1. A--University Nuclear Science and Energy: $30.2 million
for FY 2002, $41.0 million for FY 2003, $47.9 million for FY
2004, $55.6 million for FY 2004, and $61.4 million for FY 2005.
2. B--Advanced Fuel Recycling Technology R&D Program: $10.0
million for FY 2002, and such sums as are necessary for each of
FY 2003 and FY 2004.
3. C--DOE Authorization of Appropriations: $191.2 million
for FY 2002, $199.0 million for FY 2003, and $207.0 million for
FY 2004 for nuclear energy operation and maintenance, including
subtitle A, the Nuclear Energy Research Initiative ($60.0
million for FY 2002, and such sums as are necessary for each of
FY 2003 and FY 2004), the Nuclear Energy Plant Optimization
Program ($15.0 million for FY 2002, and such sums as are
necessary for each of FY 2003 and FY 2004), Nuclear Energy
Technologies ($20.0 million for FY 2002, and such sums as are
necessary for each of FY 2003 and FY 2004), Advanced
Radioisotope Power Systems, Test Reactor Landlord, and Program
Direction. In addition, funds are authorized to complete two
construction projects.
Title IV (Fossil Energy) authorizes $7,933,000,000 for FY
2002-FY 2011 in five subtitles, as follows:
1. A--Clean Coal: $200.0 million for each of FY 2002-FY
2011 for the Clean Coal Power Initiative, including the Clean
Coal Centers of Excellence; and $172.0 million for FY 2002,
$179.0 million for FY 2003, and $186.0 million for FY 2004 for
other coal and related technologies programs. Also includes
provisions to ensure that the clean coal program funds
environmental improvements.
2. B--Oil and Gas: Authorizes RD&D and commercial
application programs on petroleum-oil technology and natural
gas technologies.
3. C--Ultra-Deepwater and Unconventional Drilling: $4,516.0
million for the period FY 2002-FY 2009 for RD&D of ultra-
deepwater natural gas and other petroleum exploration and
production technologies.
4. D--Fuel Cells: Authorizes an RD&D program on fuel cells,
including $28.0 million for each of FY 2002-FY 2004 for the
demonstration of manufacturing production and processes.
5. E--DOE Authorization of Appropriations: $282.0 million
for FY 2002, $293.0 million for FY 2003, and $305.0 million for
subtitle B, subtitle D, and for Fossil Energy R&D Headquarters
Program Direction, Field Program Direction, Plant and Capital
Equipment, Cooperative Research and Development, Import/Export
Authorization, and Advanced Metallurgical Processes.
Title V (Science) authorizes $4,541,858,000 for FY 2002-FY
2006 in four subtitles, as follows:
1. A--Fusion Energy Sciences: $320.0 million for FY 2002
and $335.0 million for FY 2003.
2. B--Spallation Neutron Source (SNS): $276.3 million for
FY 2002, $201,571 million for FY 2003, $124.6 million for FY
2004, $79.8 million for FY 2005, and $41.1 million for FY 2006
for completion of construction, and $15.353 million for FY 2002
and $103.279 million for FY 2003-FY 2006 for other project
costs. Caps the project at $1,192.7 million for costs of
construction, $219.0 million for other project costs, and
$1,411.7 million for total project cost.
3. C--Facilities, Infrastructure, and User Facilities:
Requires the Secretary to develop and implement a least-cost
nonmilitary energy laboratory facility and infrastructure
strategy, and requires full and open competition for
universities and other entities in the establishment or
operation of a DOE user facility.
4. E--DOE Authorization of Appropriations: $3,299,558,000
for FY 2002 for Office of Science operation and maintenance
(also including Fusion Energy Sciences, Spallation Neutron
Source (SNS), 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), and including $5.0 million for FY 2002 for research
in the use of precious metals in catalysts. Also authorizes
funds to complete a number of construction projects.
In addition, subtitle D (Advisory Panel on Office of
Science) requires the Director of OSTP to establish an Advisory
Panel on the DOE Office of Science.
Title VI (Miscellaneous) contains two subtitles. Subtitle A
(General Provisions for the Department of Energy), identifies
current statutes that should be used for procedures and
guidelines to carry out the Act, limits use of funds, and
establishes cost-sharing requirements and reprogramming
guidelines. Subtitle B (Other Miscellaneous Provisions)
establishes limits on general plant projects and construction
projects, provides authority for conceptual and construction
design activities, requires that certain reports prepared
pursuant to the NEPD Group recommendations be transmitted to
specific congressional committees, and requires periodic
reviews and assessments of the programs authorized by the Act.
As shown in Table I below, H.R. 2460 authorizes a total of
$18,802,153,000 for the period FY 2002-2011 for programs,
projects, and activities in five titles in the bill. Table 2
summarizes and Table 3 details the bill's authorizations for FY
2002-FY 2004.
VII. Section-by-Section Analysis
Section 1. Short title, table of contents
Subsection 1(a) cites the Act as the ``Comprehensive Energy
Research and Technology Act of 2001,'' and subsection 1(b)
contains the bill's table of contents.
Sec. 2. Findings
Section 2 contains the eight findings.
Sec. 3. Purposes
Section 3 contains the eight purposes of the Act.
Sec. 4. Goals
Subsection 4(a) states that, subject to subsection 4(b),
the Secretary should conduct a balanced energy RD&D and
commercial application portfolio of programs guided by the
specific goals listed for each of (1) Energy Conservation and
Energy Efficiency, (2) Renewable Energy, (3) Nuclear Energy,
(4) Fossil Energy and (5) Science.
Subsection 4(b) requires the Secretary of Energy, in
consultation with others, to perform an assessment that
establishes measurable cost and performance-based goals, or
that modifies the goals under subsection (a), for 2005, 2010,
2015, and 2020, for each of the programs authorized by this
Act, that would enable each such program to meet the purposes
under section 3. The assessment is to 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.
In establishing the measurable cost and performance-based
goals under subsection (b), subsection 4(c) requires the
Secretary to consult with the private sector, institutions of
higher learning, national laboratories, environmental
organizations, professional and technical societies, and any
other persons the Secretary considers appropriate.
Subsection 4(d) requires the Secretary, within 120 days of
the date of enactment of this Act, to issue and publish in the
Federal Register a set of draft measurable cost and
performance-based goals for public comment for those programs
established before the date of enactment of this Act. (In the
case of a program not established before the date of the
enactment of this Act, then not later than 120 days after the
date of establishment of the program). Not later than 60 days
after the date of publication, after taking into consideration
any public comments received, the Secretary is to transmit to
the Congress and publish in the Federal Register the final
measurable cost and performance-based goals. Such goals must be
updated on a biennial basis.
Sec. 5. Definitions
Section 5 defines the terms: (1) ``Administrator'' to mean
the Administration of the Environmental Protection Agency
(EPA); (2) ``appropriate congressional committees'' to mean (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 ``Department'' to mean the Department of
Energy; and (4) the ``Secretary'' to mean the Secretary of
Energy.
Sec. 6. Authorizations
Section 6 states that authorizations of appropriations
under this Act are for environmental R&D, scientific and energy
RD&D and commercial application of energy technology programs,
projects, and activities. This is consistent with the Science
Committee's jurisdiction under rule X, clause 1(n) of the Rules
of the House.
Sec. 7. Balance of funding priorities
Subsection 7(a) expresses the sense of the Congress that
the funding of the various programs authorized by titles I
through IV of this Act should remain in the same proportion to
each other as provided in this Act, regardless of the total
amount of funding made available for those programs.
If the amounts appropriated in general appropriations Acts
for FY 2002, FY 2003, or FY 2004 for the programs authorized in
titles I through IV of this Act are not in the same proportion
to one another as are the authorizations for such programs in
this Act, subsection 7(b) requires the Secretary and the
Administrator, within 60 days after the date of the enactment
of the last general appropriations Act appropriating amounts
for such programs, to 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 Act 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. 101. Short title
Subsection 101 cites the subtitle as the ``Alternative Fuel
Vehicles Acceleration Act of 2001.''
Sec. 102. Definitions
Section 102 defines the terms ``alternative fuel vehicle,''
``pilot program,'' and ``ultra-low sulfur diesel vehicle.''
Sec. 103. Pilot program
Subsection 103(a) directs the Secretary to establish an
alternative fuel and ultra-low sulfur diesel vehicle energy
demonstration and commercial application competitive grant
pilot program to provide not more than 15 grants to State
governments, local governments, or metropolitantransportation
authorities to carry out a project or projects for the purposes
described in subsection (b).
Subsection 103(b) defines the purposes for which the grants
may be used.
Subsections 103(c), (d), and (e) set out the grant
application requirements, selection criteria, and pilot project
requirements, respectively.
Subsection 103(e) limits: (1) the amount of an award to any
one applicant to not more than $20.0 million; (2) the Federal
cost share to not more than 50 percent; and (3) the length of
the funding period to not more than five years. It also directs
the Secretary to assure nationwide deployment of alternative
fuel vehicles through broad geographic distribution of project
sites; and to establish mechanisms that ensure the
dissemination of information gained by the pilot program
participants to all interested parties including all other
applicants.
Subsection 103(f) directs the Secretary to publish in the
Federal Register, Commerce Business Daily, and elsewhere
requests for project grant applications under the pilot
program, which shall be due within six months after the notice
publication. The Secretary shall select from among the project
grant applications by a competitive, peer review process to
award grants under the pilot program.
Section 103(g) mandates that the Secretary shall provide
not less than 20 percent and not more than 25 percent of the
grant funding for the acquisition of ultra-low sulfur diesel
vehicles.
Sec. 104. Reports to Congress
Section 104 requires the Secretary to transmit an initial
report to the appropriate congressional committees within two
months after the grants are awarded detailing the successful
applicants' projects, a listing of the applicants and a
description of the information dissemination mechanism under
103(e)(5). Not later than three years after the date of
enactment, and annually thereafter until the program ends, the
Secretary is required to transmit a report containing an
evaluation of the pilot program's effectiveness to the same
committees. This evaluation report is to include 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. 104. Authorization of appropriations
Section 105 authorizes $200.0 million for FY 2002 for the
pilot program, to remain available until expended.
Subtitle B--Distributed Power Hybrid Energy Systems
Sec. 121. Findings
Section 121 lists 4 findings.
Sec. 122. Definitions
Section 122 defines the terms ``distributed power hybrid
system'' and ``distributed power source.''
Sec. 123. Strategy
Under subsection 123(a), not later than one 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 impede the use of distributed power
hybrid systems.
Subsection 123(b) specifies five elements the strategy
should address, including a comprehensive RD&D and commercial
application program to ensure the reliability, efficiency, and
environmental integrity of distributed energy resources.
Subsection 123(c) requires the Secretary to implement the
strategy transmitted under subsection 123(a) and the research
program under subsection 123(b). Activities pursuant to the
strategy are to be integrated with other activities of the
DOE's Office of Power Technologies.
Sec. 124. High Power Density Industry Program
Subsection 124(a) requires the Secretary to develop and
implement a comprehensive RD&D 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.
Subsection 124(b) provides that 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.
Subsection 124(c) requires that activities pursuant to this
program be integrated with other activities of the DOE's Office
of Power Technologies.
Sec. 125. Micro-cogeneration energy technology
Section 125 requires the Secretary to 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. The section also authorizes $20.0 million, to
remain available until expended.
Sec. 126. Program plan
Section 126 directs the Secretary to consult with
appropriate representatives of the distributed energy
resources, power transmission, and high power density
industries, other appropriate entities, and Federal, State and
local agencies, within four months of enactment, to present to
Congress a five-year program plan to guide activities under
this subtitle.
Sec. 127. Report
Section 127 instructs the Secretary, jointly with other
appropriate Federal agencies, to report to Congress within two
years of enactment and every two years thereafter for the
duration of the program on the program's progress made to
achieve the purposes of this subtitle.
Sec. 128. Voluntary consensus standards
Under this section, not later than two years after the date
of enactment of this Act, the Secretary, in consultation with
the NIST, 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. 131. Definitions
Section 131 defines the terms ``battery'' and ``associated
equipment.''
Sec. 132. Establishment of Secondary Electric Vehicle Battery Use
Program
Subsection 132(a) directs the Secretary to establish and
carry out a RD&D program for the secondary use of batteries
originally used in transportation applications. The program
should demonstrate the use of batteries in secondary
application, including utility and commercial power storage and
power quality and should be 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. The Secretary is directed to coordinate
with ongoing secondary battery use programs underway at the
national laboratories and in industry.
Subsection 132(b) directs the Secretary, no later than six
months after the date of the enactment of this Act, to solicit
proposals to demonstrate the secondary use of batteries and
associated equipment and supporting infrastructure in
geographic locations through out 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. Proposals submitted in response to a
solicitation under this section shall include: (1) 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 in
use; (2) the contribution, if any, of State or local
governments and other persons to the demonstration project; (3)
the type of associated equipment to be demonstrated and the
type of supporting infrastructure to be demonstrated; and (4)
any other information the Secretary considers appropriate. If
the proposal includes a lease arrangement, the proposal shall
indicate the terms of such lease arrangement for the batteries
and associated equipment.
Subsection 132(c) directs the Secretary, no later than
three months after the closing date established by the
Secretary for receipt of proposals under subsection 132(b), to
select at least five proposals to receive financial assistance
under this subsection. No one project selected is permitted to
receive more than 25 percent of the funds authorized under this
section, and no more than three projects selected under this
section shall demonstrate the same battery type.
In selecting a proposal under subsection 132(c), the
Secretary must consider:
(1) 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;
(2) the geographic and climatic diversity of the
projects selected;
(3) the long-term technical and competitive viability
of the batteries to be used in the project and of the
original manufacturer of such batteries;
(4) the suitability of the batteries for their
intended uses;
(5) the technical performance of the battery,
including the expected additional useful life and the
battery's ability to retain energy;
(6) the environmental effects of the use of and
disposal of the batteries proposed to be used in the
project selected;
(7) the extent of involvement of State or local
government and other persons in the demonstration
project and whether such involvement will permit a
reduction of the Federal cost share per project or
otherwise be used to allow the Federal contribution to
be provided to demonstrate a greater number of
batteries; and
(8) such other criteria as the Secretary considers
appropriate.
The Secretary must require that 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 three years
after the beginning of the demonstration project. The Secretary
must also require the proposer to provide to the Secretary
information regarding the operation, maintenance, performance,
and use of the batteries that the Secretary may request during
the period of the demonstration project. The proposer must
provide at least 50 percent of the costs associated with the
proposal.
Sec. 133. Authorization of appropriations
Section 133 authorizes (from amounts authorized under
section 161(a)) for purposes of this subtitle $1.0 million for
FY 2002, $7.0 million for FY 2003 and $7.0 million for FY 2004,
to remain available until expended.
Subtitle D--Green School Buses
Sec. 141. Short title
Section 141 cites the subtitle as the ``Clean Green School
Bus Act of 2001.''
Sec. 142. Establishment of pilot
Subsection 142(a) directs the Secretary to 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.
Subsection 142(b) requires the Secretary, no later than
three months after the date of enactment of this Act, to
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.
Subsection 142(c) requires the Secretary, no later than six
months after the date of enactment of this Act, to solicit
proposals for grants under this section.
Subsection 142(d) requires that a grant be awarded, under
this section only, to a local governmental entity responsible
for providing school bus service for one or more public school
systems or, jointly with a contracting entity that provides
school bus service to the public school system or systems.
Subsection 142(e) requires that 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. 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. When awarding grants, the Secretary shall give
priority 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.
Subsection 142(f) requires that 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 five
years;
(2) funds provided under the grant may only be used
to pay the cost, except as provided in the following
paragraph (3), of new alternative fuel school buses or
ultra-low sulfur diesel school buses, including State
taxes and contract fees to provide--
(i) up to 10 percent of the price of the
alternative fuel school 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 school 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 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 (PPM) 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.
Subsection 142(g) requires that 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) 2.5 grams per brake horsepower-hour of
non-methane hydrocarbons and oxides of nitrogen
and 0.01 grams per brake horsepower-hour of
particulate matter for buses manufactured in
model years 2001 and 2002; and
(B) 1.8 grams per brake horsepower-hour of
non-methane hydrocarbons of oxides of nitrogen
and 0.01 grams per brake horsepower-hour of
particulate matter for buses manufactured in
model years 2003 through 2006; and
(4) that, in the case of ultra-low sulfur diesel
school buses, emit not more than--
(A) 3.0 grams per brake horsepower-hour of
non-methane hydrocarbons and oxides of nitrogen
and 0.01 grams per brake horsepower-hour of
particulate matter for buses manufactured in
model years 2001 through 2003; and
(B) 2.5 grams per brake horsepower-hour of
non-methane hydrocarbons and oxides of nitrogen
and 0.01 grams per brake horsepower-hour of
particulate matter for buses manufactured in
model years 2004 through 2006, except that
under no circumstances shall buses be acquired
under this section that emit non-methane
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.
Subsection 142(h) requires the Secretary, to the maximum
extent practicable, to achieve nationwide deployment of
alternative fuel school buses through the program under this
section, and to 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.
Subsection 142(i) requires the Secretary to 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.
Subsection 142(j) defines the term ``alternative fuel
school bus'' to mean 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. It also defines the term
``ultra-low sulfur diesel school bus'' to mean a school bus
powered by diesel fuel which contains not more than 15 PPM
sulfur.
Sec. 143. Fuel Cell Development and Demonstration Program
Subsection 143(a) requires the Secretary to 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
two units of local government usingnatural-gas-powered school
buses and such private sector fuel cell bus developers to demonstrate
the use of fuel-cell-powered school buses.
Subsection 143(b) requires the non-Federal contribution for
activities funded under this section to be no less than 20
percent for fuel infrastructure development activities and no
less than 50 percent for demonstration activities and for non-
fuel infrastructure development activities.
Subsection 143(c) limits the amount authorized under
section 144 that may be used for carrying out this section for
the period encompassing FY 2002 through FY 2006 to no more than
$25.0 million.
Subsection 143(d) requires the Secretary, no later than
three years after the date of enactment of this Act, and,
again, no later than October 1, 2006, to transmit to Congress a
report that evaluates the process of converting natural gas
infrastructure to accommodate fuel-cell-powered school buses
and assesses the results of the development and demonstration
program under this section.
Sec. 144. Authorization of appropriations
Section 144 authorizes $40.0 million for FY 2002, $50.0
million for FY 2003, $60.0 million for FY 2004, $70.0 million
for FY 2005, and $80.0 million for FY 2006, to remain available
until expended, to carry out this subtitle.
Subtitle E--Next Generation Lighting
Sec. 151. Short title
Section 151 cites the subtitle as ``Next Generation
Lighting Initiative Act.''
Sec. 152. Definition
Section 152 defines the term ``Lighting Initiative'' to
mean the ``Next Generation Lighting Initiative'' established
under section 153(a).
Sec. 153. Next generation lighting initiative
Subsection 153(a) authorizes the Secretary 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.
Subsection 153(b) states the research objectives of the
Lighting Initiative 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 longer lasting, more energy-efficient and cost-
competitive.
Sec. 154. Study
Subsection 154(a) requires the Secretary, in consultation
with other Federal agencies, as appropriate, no later than six
months after the date of enactment of this Act, to 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.
Subsection 154(b) requires that the study include the
development of a comprehensive strategy to implement the
Lighting Initiative and identifying 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.
Subsection 154(c) requires the Secretary to modify the
implementation of the Lighting Initiative, if necessary, to
take into consideration the recommendations of the National
Academies of Sciences and Engineering, as soon as practicable
after the review of the study under subsection 154(a) is
transmitted to the Secretary by the National Academies of
Sciences and Engineering.
Sec. 155. Grant program
Subsection 155(a) permits the Secretary to make merit-based
competitive grants to firms and research organizations that
conduct RD&D projects related to advanced lighting
technologies, subject to section 603 of this Act.
Subsection 155(b) requires an annual independent review of
the grant-related activities of firms and research
organizations receiving a grant under this section to be
conducted by a 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. 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.
Subsection 155(c) requires the national laboratories and
other Federal agencies, as appropriate, to cooperate with and
provide technical and financial assistance to firms and
research organizations.
Subtitle F--Department of Energy Authorization of Appropriations
Sec. 161. Authorization of appropriations
Subsection 161(a) authorizes $625.0 million for FY 2002,
$700.0 million for FY 2003; and (3) $800 million for FY 2004
for Energy Conservation operation and maintenance (including
Building Technology, State and Community Sector, Industry
Sector, Transportation Sector, Power Technologies, and Policy
and Management), to remain available until expended. These
amounts are in addition to: (1) $200.0 million authorized for
FY 2002 under section 105 for alternative fuel and ultra-low
sulfur diesel vehicles; (2) $20.0 million for FY 2002
authorizedunder section 125 for micro-cogeneration energy
technology; and (3) $40.0 million for FY 2002, $50.0 million for FY
2003, and $60.0 million for FY 2004 authorized under section 144 for
green school buses.
Subsection 161(b) provides that none of the funds
authorized to be appropriated in subsection 131(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; (E) State Energy Program; or
(2) Federal Energy Management Program.'' These limitations are
included to preserve the Science Committee's sole jurisdiction
over the bill since the jurisdiction of programs under this
subsection 131(b) either resides with the Committee on Energy
and Commerce or is shared with that Committee.
Subtitle G--Environmental Protection Agency Office of Air and Radiation
Authorization of Appropriations
Sec. 171. Short title
Section 171 cites the subtitle as the ``Environmental
Protection Agency Office of Air and Radiation Authorization Act
of 2001.''
Sec. 172. Authorization of appropriations
Section 172 authorizes to be appropriated to the
Administrator for the Office of Air and Radiation a total of
$156.7 million for FY 2002, $163.0 million for FY 2003, and
$169.4 million for FY 2004, to remain available until expended.
Of these amounts, $28.3 million for FY 2002, $29.4 million for
FY 2003, and $30.6 million for FY 2004 shall be for Science;
and $128.4 million for FY 2002, $133.6 million for FY 2003, and
$138.8 million for FY 2004 shall be for Climate Change
Protection Programs, including:
(A) $52.7 million for FY 2002, $54.8 million for FY
2003, and $57.0 million for FY 2004 for Buildings;
(B) $32.4 million for FY 2002, $33.7 million for FY
2003, and $35.0 million for FY 2004 for Transportation;
(C) $32.0 million for FY 2002, $33.3 million for FY
2003, and $34.6 million for FY 2004 for Industry;
(D) $1.7 million for FY 2002, $1.750 million for FY
2003, and $1.8 million for FY 2004 for Carbon Removal;
(E) $2.5 million for FY 2002, $2.6 million for FY
2003, and $2.7 million for FY 2004 for State and Local
Climate;
(F) $6.3 million for FY 2002, $6.6 million for FY
2003, and $6.8 million for FY 2004 for International
Capacity Building; and
(G) $0.8 million for FY 2002, $0.85 million for FY
2003, and $0.9 million for FY 2004 for Technical
Cooperation with Industrial and Developing Countries.
Sec. 173. Limits on use of funds
Subsection 173(a) prohibits EPA from using funds 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.
Subsection 173(b) prohibits EPA from using funds to prepare
or initiate Requests for Proposals for a program if Congress
has not authorized the program.
Sec. 174. Cost sharing
Except as otherwise provided in this subtitle, subsection
174(a) mandates that for R&D 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 requirements under this subsection if the Administrator
determines that the R&D is of a basic or fundamental nature.
Similarly, under subsection 174(b) 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.
In calculating the amount of the non-Federal commitment
under subsection (a) or (b), subsection 174(c) permits the
Administrator to include personnel, services, equipment, and
other resources.
Sec. 175. Limitations on demonstrations and commercial application of
energy technology
Section 175 requires the Administrator to provide funding
only for scientific or energy demonstration or commercial
application programs, projects or activities for technologies
or processes that can reasonably be expected to yield new,
measurable benefits to the cost, efficiency, or performance of
the technology or process.
Sec. 176. Reprogramming
Section 176 prohibits the reprogramming of funds in excess
of 105 percent of the amount authorized for a program, project,
or activity, or in excess of $0.25 million above the amount
authorized for the program, project, or activity until the
Administrator submits a report to the appropriate congressional
committees and a period of 30 days has elapsed after the date
on which the report is received. Such reprogramming of funds is
limited to no more than the total amount authorized to be
appropriated by this subtitle and such funds may not be
reprogrammed or used for a program, project, or activity for
which Congress has not authorized appropriation.
Sec. 177. Budget request format
Section 177 requires the Administrator to provide to the
appropriate congressional committees, to be transmitted at the
same time as the EPA'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 two 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 under (2).
Sec. 178. Other provisions
Subsection 178(a) requires the Administrator to provide
simultaneously to the Committee on Science: (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 EPA, provided to any committee
of Congress.
Subsection 178(b) requires the Administrator to 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
Not later than three months after the date of the enactment
of this Act, subsection 181(a) requires the Director of the
OSTP to establish an Interagency Group responsible for the
development and implementation of a National Building
Performance Initiative to address energy conservation and R&D
and related issues. The NIST shall provide necessary
administrative support for the Interagency Group.
Under subsection 181(b), not later than nine months after
the date of the enactment of this Act, the 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) R&D 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.
Subsection 181(c) requires the establishment of a National
Building Performance Advisory Committee 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, multi-family, and commercial
sectors of the construction industry; and the insurance
industry.
Subsection 181(d) requires the Interagency Group, within 90
days after the end of each fiscal year, to 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. 201. Short title
Section 201 cites the subtitle as the ``Robert S. Walker
and George E. Brown, Jr. Hydrogen Energy Act of 2001.''
Sec. 202. Purposes
Section 202 amends section 102(b) the Spark M. Matsunaga
Hydrogen R&D Act of 1990 (1990 Act) to include R&D activities
leading to the use of hydrogen for commercial applications,
information dissemination and education, and development of a
hydrogen production methodology that minimizes adverse
environmental impacts, including efficient and cost-effective
production from renewable and nonrenewable resources.
Sec. 203. Definitions
Section 203 amends section 102(c) of the 1990 Act to
include the definition of ``advisory committee.''
Sec 204. Reports to Congress
Section 204 amends section 103 of the 1990 Act by requiring
the Secretary to submit to Congress a detailed report on the
status and progress of the programs and activities authorized
under the Act within one year of its enactment, and biennially
thereafter.
Sec. 205. Hydrogen research and development
Section 205 amends section 104 of the 1990 Act by
streamlining the text. Also, for the R&D 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 R&D is of a basic or fundamental nature.
Sec. 206. Demonstrations
Section 206 amends section 105 of the 1990 Act by
eliminating the requirement that demonstration of critical
technologies and small-scale demonstrations be conducted in or
at ``self-contained locations.'' In addition, the small-scale
demonstrations are to include a fuel cell bus demonstration
program to address hydrogen production, storage, and use in
transit bus applications.
Sec. 207. Technology transfer
Section 207 amends section 106 of the 1990 Act by requiring
the Secretary to conduct a hydrogen technology transfer 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 hydrogen technologies and foster global
economic development without harmful environmental effects.
Sec. 208. Coordination and consultation
Section 208 amends section 107 of the 1990 Act by requiring
the Secretary to establish a central point for coordination of
all DOE hydrogen RD&D activities. It also requires the
Secretary to consult with other Federal agencies, as
appropriate, and the advisory committee established under
section 209.
Sec. 209. Advisory committee
Section 209 amends section 108 of the 1990 Act by requiring
the Secretary to enter into arrangements with the National
Academies of Sciences and Engineering to establish an advisory
committee to replace the current Hydrogen Technical Advisory
Panel.
Sec. 210. Authorization of appropriations
Subsections 210 amends section 109 of the 1990 Act to
provide authorization of appropriations for the five-year
period, FY 2002 through FY 2006.
Subsection 210(a) authorizes $40.0 million for FY 2002,
$45.0 million for FY 2003, $50.0 million for FY 2004, $55.0
million for FY 2005, and $60.0 million for FY 2006 for hydrogen
R&D activities and the advisory committee.
Subsection 210(b) authorizes $20.0 million for FY 2002,
$25.0 million for FY 2003, $30.0 million for FY 2004, $35.0
million for FY 2005, and $40.0 million for FY 2006 for hydrogen
demonstration activities.
Sec. 211. Repeal
Section 211 amends the Hydrogen Future Act of 1996 to
repeal title II containing the program relating to the
integration of fuel cells with hydrogen production systems.
subtitle b--bioenergy
Sec. 221. Short title
Section 221 cites the subtitle as the ``Bioenergy Act of
2001.''
Sec. 222. Findings
Section 222 lists five findings.
Sec. 223. Definitions
Section 223 defines the terms ``bioenergy,'' ``biofuels,''
``biopower,'' and ``integrated bioenergy research and
development.''
Sec. 224. Authorizations
Section 224 authorizes the Secretary to conduct bioenergy-
related RD&D and commercial application programs, projects, and
activities, including: (1) biopower energy systems, (2)
biofuels energy systems, and (3) integrated bioenergy R&D.
Sec. 225. Authorization of appropriations
As shown in the following table, subsections 225(a),
225(b), and 225(c) authorizes a total of $912.2 million for
Biopower Energy Systems, Biofuels Energy Systems, and
Integrated Bioenergy R&D for the five-year period, FY 2002
through FY 2006.
BIOENERGY ACT OF 2001 AUTHORIZATIONS: FY 2002-FY 2006
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Total (FY
Program (Subsection) FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 2002-FY
2006)
----------------------------------------------------------------------------------------------------------------
Biopower (225(a))............................. 45,700 52,500 60,300 69,300 79,600 307,400
Biofuels (225(b))............................. 53,500 61,400 70,600 81,100 93,200 359,800
Integrated Bioenergy R&D (225(c))............. 49,000 49,000 49,000 49,000 49,000 245,000
-----------------------------------------------------------------
Total................................... 148,200 162,900 179,900 199,400 221,800 912,200
----------------------------------------------------------------------------------------------------------------
Also, Integrated Bioenergy R&D activities funded under
subsection 225(c) are to be coordinated with ongoing related
programs of other Federal agencies, including the NSF Plant
Genome Program.
Subsection 225(d) authorizes amounts under this subtitle to
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. 241. Transmission infrastructure systems RD&D and commercial
application
Subsection 241(a) requires the Secretary to develop and
implement a comprehensive RD&D 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.
In carrying out this subtitle, subsection 241(b) allows the
Secretary to include RD&D 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; and (5) any other infrastructure technologies, as
appropriate.
Sec. 242. Program plan
Section 242 requires the Secretary, within four months
after the date of the enactment of this Act and in consultation
with other appropriate Federal agencies, to prepare and
transmit to Congress a five-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. 243. Report
Under section 243, 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--Authorization of Appropriations
Sec. 261. Authorization of appropriations
Including the amounts authorized for hydrogen R&D under
section 210 and for bioenergy R&D under section 225, subsection
261(a) authorizes $535.0 million for FY 2002, $639.0 million
for FY 2003, and $683.0 million for FY 2004 for Renewable
Energy operation and maintenance, including subtitle C
(Transmission Infrastructure Systems), Geothermal Technology
Development, Hydropower, Concentrating Solar Power,
Photovoltaic Energy Systems, Solar Building Technology
Research, Wind Energy Systems, High Temperature Superconducting
Research and Development, Energy Storage Systems, Transmission
Reliability, International Renewable Energy Program, Renewable
Energy Production Incentive Program, Renewable Program Support,
National Renewable Energy Laboratory, and Program Direction, to
remain available until expended.
Subsection 281(b) requires the Secretary to carry out a
research program, in conjunction with other appropriate Federal
agencies, on wave powered electric generation within the
amounts authorized under subsection 281(a).
Using funds authorized in subsection 281(a), subsection
281(c) requires the Secretary to 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. The 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 infrastructure,
and location of energy resources. 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. This subsection shall expire at the end of FY 2004.
Subsection 261(d) provides that none of the funds
authorized to be appropriated in subsection 241(a) may be used
for: ``(1) Departmental Energy Management Program; or (2)
Renewable Indian Energy Resources.'' These limitations are
included to preserve the Science Committee's sole jurisdiction
over the bill, since the jurisdiction of these programs either
resides with the Committee on Energy and Commerce, or is shared
with that Committee.
Title III--Nuclear Energy
Subtitle A--University Nuclear Science and Engineering
Sec. 301. Short title
Section 301 cites the subtitle as the ``Department of
Energy University Nuclear Science and Engineering Act.''
Sec. 302. Findings
Section 302 lists three findings.
Sec. 303. Department of Energy Program
Subsection 303(a) directs the Secretary, through the Office
of Nuclear Energy, Science and Technology (Office) to maintain
the Nation's human resource investment and infrastructure
related to civilian nuclear R&D.
Subsection 303(b) requires the Director of the Office to:
(1) develop to robust graduate and undergraduate program to
attract new students; (2) develop a Junior Faculty Research
Initiation Grant to recruit and maintain new faculty; (3)
maintain investment in the Nuclear Engineering Education
Research Program; (4) encourage collaborative nuclear research
between industry, national labs and universities through
Nuclear Energy Research Initiative (NERI); (5) support public
outreach regarding nuclear science and engineering; and (6)
support communication and outreach related to nuclear science
and engineering.
Subsection 303(c) directs the Office to provide for: (1)
university research reactor refueling with low enriched fuels,
operational instrumentation upgrading, and reactor sharing
among universities; (2) assistance in relicensing and upgrading
university training reactors as part of a student training
program in collaboration with the U.S. nuclear industry; and
(3) awards for reactor improvements for research, training and
education.
Subsection 303(d) directs the Secretary to develop as
program in the Office for: nuclear science and technology
sabbatical fellowships for university professors at the
Department labs and for student fellowships at Department labs;
and a visiting scientist program for Department lab staff to
visit universities' nuclear science programs to work with
faculty and staff.
Subsection 303(e) requires the host institution to provide
at least 50 percent of the cost of a university research
reactor's operation when funds authorized under this subtitle
are used to supplement operation of such research reactor.
Subsection 303(f) requires that all grants, contracts,
cooperative agreements or other financial assistance awards
under this Act be made based on independent merit review.
Subsection 303(g) requires the Secretary to prepare a
report within six months of enactment of this Act, laying out a
five-year plan on the programs authorized in this section. This
report is to be delivered to the appropriate congressional
committees.
Sec. 304. Authorization of appropriations
Subsection 304(a) authorizes total appropriation of funds
to carry out the purposes of this subtitle and for all funds to
remain available until expended: $30.2 million for FY 2002;
$41.0 million for FY 2003; $47.9 million for FY 2004; $55.6
million for FY 2005; and $64.1 million for FY 2006.
For the Graduate and Undergraduate Fellowships to carry out
subsection 303(b)(1) from the funds authorized in subsection
304(a), subsection 304(b) authorizes $3.0 million for FY 2002,
$3.1 million for FY 2003, $3.2 million for FY 2004, $3.2
million for FY 2005, and $3.2 million for FY 2006.
For the Junior Faculty Research Initiation Grant Program to
carry out subsection 303(b)(2) from the funds authorized in
subsection 304(a), subsection 304(c) authorizes $5.0 million
for FY 2002, $7.0 million for FY 2003, $8.0 million for FY
2004, $9.0 million for FY 2005, and $10.0 million for FY 2006.
For the Nuclear Engineering and Education Research Program
to carry out subsection 303(b)(3) from the funds authorized in
subsection 304(a), subsection 304(d) authorizes $8.0 million
for FY 2002, $12.0 million for FY 2003, $13.0 million for FY
2004, $15.0 million for FY 2005, and $20.0 million for FY 2006.
For Communication and Outreach Related to Nuclear Science
and Engineering to carry out subsection 303(b)(5) from the
funds authorized in subsection 304(a), subsection 304(e)
authorizes $0.2 million for each of FY 2002 and FY 2003, and
$0.3 million for each of FY 2004 through FY 2006.
For Refueling of Research Reactors and Instrumentation
Upgrades to carry out section 303(c)(1) from the funds
authorized in subsection 304(a), subsection 304(f) authorizes
$6.0 million for FY 2002, $6.5 million for FY 2003, $7.0
million for FY 2004, $7.5 million for FY 2005, and $8.0 million
for FY 2006.
For Relicensing Assistance to carry out subsection
303(c)(2) from the funds authorized in subsection 304(a),
subsection 304(g) authorizes $1.0 million for FY 2002, $1.1
million for FY 2003, $1.2 million for FY 2004, and $1.3 million
for each of FY 2005 and FY 2006.
For the Reactor Research and Training Award Program to
carry out subsection 303(c)(3) from the funds authorized in
subsection 304(a), subsection 304(h) authorizes $6.0 million
for FY 2002, $10.0 million for FY 2003, $14.0 million for FY
2004, $18.0 million for FY 2005, and $20.0 million for FY 2006.
For University-Department Laboratory Interactions to carry
out subsection 303(d) from the funds authorized in subsection
304(a), subsection 304(i) authorizes $1.0 million for FY 2002,
$1.1 million for FY 2003, $1.2 million for FY 2004, and $1.3
million for each of FY 2005 and FY 2006.
Subtitle B--Advanced Fuel Recycling Technology Research and Development
Program
Sec. 321. Program
Subsection 321(a) requires the Secretary, through the
Director of the Office, to conduct an advanced fuel recycling
technology R&D 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.
Subsection 321(b) requires the Secretary to report on the
activities of the advanced fuel recycling technology R&D
program as part of the Department's annual budget submission.
Subsection 321(c) authorizes: (1) $10.0 million for FY
2002, and (2) such sums as are necessary for FY 2003 and FY
2004.
Subtitle C--Department of Energy Authorization of Appropriations
Sec. 341. Nuclear energy research initiative
Subsection 341(a) requires the Secretary, through the
Office, to conduct a Nuclear Energy Research Initiative for
grants to be competitively awarded and subject to peer review
for research relating to nuclear energy.
Subsection 341(b) mandates that the program 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.
Subsection 341(c) authorizes to be appropriated to the
Secretary to carry out this section: (1) $60.0 million for FY
2002; and (2) such sums as are necessary for FY 2003 and FY
2004.
Sec. 342. Nuclear Energy Plant Optimization Program
Subsection 342(a) requires the Secretary to conduct a
Nuclear Energy Plant Optimization R&D 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.
Subsection 342(b) states the program shall be directed
toward accomplishing the following technical objectives: (1)
managing long-term effects of component aging; and (2)
improving efficiency and productivity of existing nuclear power
stations.
Subsection 342(c) authorizes to be appropriated to the
Secretary to carry out this section: (1) $15.0 million for FY
2002; and (2) such sums as are necessary for FY 2003 and FY
2004.
Sec. 343. Nuclear energy technologies
Subsection 343(a) requires the Secretary to conduct a study
of Generation IV nuclear energy systems, including development
of a technology roadmap and performance of R&D necessary to
make an informed technical decision regarding the most
promising candidates for commercial application.
Under subsection 343(b), to the extent practicable, in
conducting the study under subsection 343(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.
In preparing the study under subsection 343(b), subsection
343(c) requires the Secretary to consult with appropriate
representatives of industry, institutions of higher education,
Federal agencies, and international, professional and technical
organizations.
Subsection 343(d) requires that, 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 R&D leading to
a public/private cooperative demonstration of one or more
Generation IV nuclear energy systems. 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 the 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 DOE land; and (H) a recommendation for appropriate
involvement of other Federal agencies.
Subsection 343(e) authorizes to be appropriated to the
Secretary to carry out this section: (1) $20.0 million for FY
2002; and (2) such sums as are necessary for FY 2003 and FY
2004.
Sec. 344. Authorization of appropriations
Subsection 344(a) authorizes activities under this title
for nuclear energy operation and maintenance, including amounts
authorized under sections 304(a) (University Nuclear Science
and Engineering), 321(c) (Advanced Fuel Recycling Technology
R&D Program), 341(c) (Nuclear Energy Research Initiative),
342(c) (Nuclear Energy Plant Optimization Program), and 343(e)
(Nuclear Energy Technologies), and including Advanced
Radioisotope Power Systems, Test Reactor Landlord, and Program
Direction, $191.2 million for FY 2002, $199.0 million for FY
2003, and $207.0 million for FY 2004, to remain available until
expended.
Subsection 344(b) authorizes:
(1) $0.95 million for FY 2002, $2.2 million for FY
2003, $1,246 million for FY 2004, and $1.699 million
for FY 2005 for completion of construction of Project
99-E-200, Test Reactor Area (TRA) Electric Utility
Upgrade, Idaho National Engineering and Environmental
Laboratory (INEEL); and
(2) $0.5 million for each of FY 2002 through FY 2005
for completion of construction of Project 95-E-201, TRA
Fire and Life Safety Improvements, INEEL.
Subsection 344(c) provides that none of the funds
authorized to be appropriated in subsection 481(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.'' These
limitations are included to preserve the Science Committee's
sole jurisdiction over the bill since the jurisdiction of
programs under this subsection either resides with the
Committee on Energy and Commerce or is shared with that
Committee.
Title IV--Fossil Energy
Subtitle A--Clean Coal
Sec. 401. Short title
Section 401 cites the subtitle as the ``National
Electricity and Environmental Technology Research and
Development Act.''
Sec. 402. Findings
Section 402 lists six findings.
Sec. 403. Definition
Section 403 defines the term ``cost and performance-based
goals'' to mean the cost and performance-based goals
established under section 4.
Sec. 404. Clean coal power initiative
Subsection 404(a) requires the Secretary to carry out a
program of research on and development, demonstration, and
commercial application of clean coal technologies under: (1)
this subtitle; (2) the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5901 et seq.); (3) the
Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); and
(4) title XIII of the Energy Policy Act of 1992 (42 U.S.C.
13331 et seq.)
Subsection 404(b) mandates that the RD&D and commercial
application program described in subsection (a) be designed to
achieve the cost and performance-based goals.
Sec. 405. Authorization of appropriations
Except as provided in section 406, subsection 405(a)
authorizes to be appropriated to the Secretary to carry out the
Clean Coal Power Initiative under section 404 $200.0 million
for each of the fiscal years 2002 through 2011, to remain
available until expended.
Also, except as provided in section 406, subsection 405(b)
authorizes to be appropriated to the Secretary $172.0 million
for FY 2002, $179.0 million for FY 2003, and $186.0 million for
FY 2004, to remain available until expended, for other coal and
related technologies programs, which shall include: (1)
Innovations for Existing Plants; (2) Integrated Gasification
Combined Cycle; (3) 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.
Notwithstanding subsections 405(a) and 405(b), subsection
405(c) prohibits the use of funds to carry out the activities
authorized by this subtitle after September 30, 2002, unless
the Secretary has transmitted to the appropriate congressional
committees the report required by this subsection and one month
has elapsed since that transmission. With respect to the Clean
Coal Power Initiative under subsection 405(a), the report must
include a ten-year plan addressing five specific items: (1) a
detailed assessment of whether the aggregate funding levels
provided under subsection (a) are the appropriate funding
levels for that program; (2) a detailed description of how
proposals will be solicited and evaluated, including a list of
all demonstration activities expected to be undertaken; (3) a
detailed list of technical milestones for each coal and related
technology that will be pursued; (4) recommendations for a
mechanism for recoupment of Federal funding for successful
commercial projects; and (5) a detailed description of how the
program will avoid problems enumerated in General Accounting
Office reports on the Clean Coal Technology Program, including
problems that have resulted in unspent funds and projects that
failed either financially or scientifically. In the case of
other coal and related technologies programs under subsection
405(b), the report must include a plan containing: (1) a
detailed description of how proposals will be solicited and
evaluated, including a list of all demonstration activities
expected to be undertaken; and (2) a detailed list of technical
milestones for each coal and related technology that will be
pursued. In addition, the report must include a description of
how the programs will be carried out under subsection 405(a)
(the Clean Coal Power Initiative) and subsection 405(b) (other
coal and related technologies programs) so as to complement
each other and not duplicate activities.
Subsection 405(d) provides that subsection 405(c) shall not
apply to any program, project, or activity begun before
September 30, 2001.
Sec. 406. Project criteria
Subsection 406(a) prohibits the Secretary from providing
funding for any RD&D, or commercial application of coal and
related technologies that do not advance efficiency,
environmental performance, and cost competitiveness well beyond
the level of technologies that are in operation or have been
demonstrated as of the date of the enactment of this Act.
Subsection 406(b) contains the technical criteria for the
Clean Coal Power Initiative.
Under subsection 406(b)(1)(A), in allocating the funds
authorized under section 405(a), the Secretary shall ensure
that at least 80 percent of the funds are used only for
projects on carbon sequestration, or coal-based gasification
technologies, including gasification combined cycle,
gasification fuel cells, gasification coproduction and hybrid
gasification/combustion.
Subsection 406(b)(1)(B) requires the Secretary to set
technical milestones specifying emissions levels that coal
gasification projects must be designed to and reasonably
expected to achieve. The milestones shall get more restrictive
through the life of the program, and such milestones shall be
designed to achieve by 2020 coal gasification projects able to:
(1) remove 99 percent of sulfur dioxide; (2) emit no more than
0.05 pounds (lbs) of nitrous oxides (NOX) per
million British Thermal Unit (BTU); (3) remove 95 percent of
mercury; and (4) achieve a thermal efficiency of 60 percent
(higher heating value).
For projects not described in subsection 406(b)(1)(A) or
subsection 406(b)(1)(B), subsection 406(b)(2) requires the
Secretary to set technical milestones specifying emissions
levels that the projects must be designed to and reasonably
expected to achieve. The milestones shall get more restrictive
through the life of the program, and such milestones shall be
designed to achieve by 2010 projects able to: (1) remove 97
percent of sulfur dioxide; (2) emit no more than 0.08 lbs of
NOX per million BTU; (3) remove 90 percent of
mercury; and (4) achieve a thermal efficiency of 45 percent
(higher heating value).
Subsection 406(c) prohibits the Secretary from providing a
funding award for any RD&D or commercial application of coal
and related technologies unless the recipient of the award has
documented to the satisfaction of the Secretary that: (1) the
award recipient is financially viable without the receipt of
additional Federal funding; (2) the recipient will provide
sufficient information to the Secretary for the Secretary to
ensure that the award funds are spent efficiently and
effectively; and (3) a market exists for the technology being
demonstrated or applied, as evidenced by statements of interest
in writing from potential purchasers of the technology.
Subsection 406(d) limits the Federal share of the cost of a
coal or related technology project funded by the Secretary to
not more than 50 percent.
Sec. 407. Clean Coal Centers of Excellence
As part of the program authorized in subsection 405(a),
section 107 requires the Secretary to award competitive, merit-
based grants to universities for the establishment of Centers
of Excellence for Energy Systems of the Future. Such centers
shall be located at universities with a proven record of
conducting research on, developing, or demonstrating clean coal
technologies. The Secretary shall provide grants to
universities that can show the greatest potential for
demonstrating new clean coal technologies.
Subtitle B--Oil and Gas
Sec. 421. Petroleum-oil technology
Section 421 directs the Secretary to conduct a RD&D and
commercial application program on petroleum-oil technology. The
program shall address: (1) Exploration and Production
Supporting Research; (2) Oil Technology Reservoir Management/
Extension; and (3) Effective Environmental Protection.
Sec. 422. Gas
Section 422 directs the Secretary to conduct a program of
RD&D 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. 441. Short title
Section 441 cites the subtitle as the ``Natural Gas and
Other Petroleum Research, Development, and Demonstration Act of
2001.''
Sec. 442. Definitions
Section 442 defines six terms, including the terms
``deepwater'' to mean water depths greater than 200 meters but
less than 1,500 meters, ``ultra-deepwater'' to mean water
depths greater than 1,500 meters, and ``unconventional'' to
mean located in heretofore inaccessible or uneconomic
formations on land.
Sec. 443. Ultra-deepwater program
Section 443 requires the Secretary to establish a program
of RD&D 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. 444. National Energy Technology Laboratory
The National Energy Technology Laboratory (NETL) and the
U.S. Geological Survey (USGS), 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. NETL shall conduct a program of RD&D 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. 445. Advisory committee
Within six months after the date of the enactment of this
Act, subsection 445(a) requires the Secretary to establish an
Advisory Committee consisting of seven 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 four members shall have extensive
knowledge of ultra-deepwater natural gas or other petroleum
exploration and production technologies, a minimum of two
members shall have extensive knowledge of unconventional
natural gas or other petroleum exploration and production
technologies, and at least one member shall have extensive
knowledge of greenhouse gas emission reduction technologies,
including carbon sequestration.
Subsection 445(b) defines the function of the Advisory
Committee to be to advise the Secretary on the selection of an
organization to create the Research Organization and on the
implementation of this subtitle.
Under subsection 445(c), 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.
Subsection 445(d) provides that the costs of activities
carried out by the Secretary and the Advisory Committee under
this subtitle shall be paid or reimbursed from the Fund
established in section 450.
Under subsection 455(e), Section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee.
Sec. 446. Research organization
Subsection 446(a) requires the Secretary, within six months
after the date of the enactment of this Act, to solicit
proposals from eligible entities for the creation of the
Research Organization, and within three months after such
solicitation, to select an entity to create the Research
Organization.
Under subsection 446(b), 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 RD&D.
Subsection 446(c) requires that 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.
The functions of the Research Organization, as defined in
subsection 446(c) are to: (1) award grants on a competitive
basis to qualified research institutions, institutions of
higher education, companies, and consortia of same for the
purpose of conducting RD&D 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 grants were made.
Sec. 447. Grants
Subsection 447(a) provides for three types of grants: (1)
unconventional, for RD&D of technologies aimed at
unconventional reservoirs; (2) ultra-deepwater, for R&D of
technologies aimed at ultra-deepwater areas; and (3) ultra-
deepwater architecture. In the case of ultra-deepwater
architecture, the Research Organization shall award a grant to
one or more consortia for the purpose of developing and
demonstrating the next generation architecture for ultra-
deepwater production of natural gas and other petroleum.
Subsection 447(b) provides that grants under this section
shall contain seven specific 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 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) for ultra-deepwater
architecture 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 either under subsection (a)(1) for unconventional
reservoirs or under subsection (a)(2) for ultra-deepwater areas
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 projects 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.
Subsection 447(c) requires that funds available for grants
under this subtitle be allocated as follows: (1) 15 percent
shall be for grants under subsection 447(a)(1) for
unconventional reservoirs; (2) 15 percent shall be for grants
under subsection 447(a)(2) for ultra-deepwater areas; (3) 60
percent shall be for grants under subsection 447(a)(3) for
ultra-deepwater architecture; and (4) 10 percent be for the
NETL and the USGS, when appropriate, for carrying out section
444.
Sec. 448. Plan and funding
Subsection 448(a) requires the Research Organization to
transmit to the Secretary an annual plan proposing projects and
funding of activities under each paragraph of section 447(a).
Under subsection 448(b), the Secretary shall have one 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. If the Secretary does not approve the plan, subsection
448(c) provides that 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 one month after notifying the Research
Organization of a disapproval, the Secretary shall notify the
appropriate congressional committees of the disapproval.
Sec. 449. Audit
Section 449 requires the Secretary to 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 must 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. 450. Fund
Subsection 450(a) establishes a fund to be known as the
``Ultra-Deepwater and Unconventional Gas Research Fund'' (Fund)
in the United States Treasury (Treasury), which shall be
available for obligation to the extent provided in advance in
appropriations Acts for allocation under section 447(c) above.
Subsection 450(b) specifies the Fund's three funding
sources:
1. Loans from the Treasury--Subsection 450(b)(1) authorizes
to be appropriated to the Secretary $900.0 million for the
period encompassing FY 2002 through FY 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--Subsection 450(b)(2)
authorizes to be appropriated to the Secretary such sums as may
be necessary for FY 2002 through FY 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 FY 2002 through FY 2009. The
Congressional Budget Office estimates these amounts to total
$3.616 billion.
Sec. 451. Sunset
Under section 451, no funds are authorized to be
appropriated for carrying out this subtitle after FY 2009, and
the Research Organization is terminated when it has expended
all funds made available pursuant to this subtitle.
Subtitle D--Fuel Cells
Sec. 461. Fuel cells
Section 461(a) requires the Secretary to conduct a program
of research, development, RD&D and commercial application on
fuel cells. The program shall address: (1) Advanced Research;
(2) Systems Development; (3) Vision 21-Hybrids; and (4)
Innovative Concepts.
In addition to the program under subsection (a), subsection
461(b) requires the Secretary, in consultation with other
Federal agencies, as appropriate, to 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 improved
manufacturing production and processes for fuel cell
technologies.
Under subsection 461(c), within the amounts authorized to
be appropriated under subsection 481(a), there are authorized
to be appropriated to the Secretary for the purpose of carrying
out subsection (b) $28.0 million for each of FY 2002, 2003, and
2004.
Subtitle E--DOE Authorization of Appropriations
Sec. 481. Authorization of appropriations
Subsection 481(a) authorizes appropriations for subtitle B
(Oil and Gas) and subtitle D (Fuel Cells), 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 $282.0
million for FY 2002, $293.0 million for FY 2003, and $305.0
million for FY 2004.
Subsection 481(b) provides that none of the funds
authorized to be appropriated in subsection 481(a) may be used
for: ``(1) Gas Hydrates; (2) Fossil Energy Environmental
Restoration; or (3) RD&D and commercial application on coal and
related technologies, including activities under subtitle A.
The first limitation is imposed because the Methane Hydrate Act
of 2000 has been recently enacted and has its own separate
authorization. The second limitation is included to preserve
the Science Committee's sole jurisdiction over the bill, since
the jurisdiction of Fossil Energy Environmental Restoration is
shared with the Committee on Energy and Commerce. The third
limitation is imposed to limit the amount of coal funding to
that contained in subtitle A.
Title V--Science
Subtitle A--Fusion Energy Sciences
Sec. 501. Short title
Section 501 cites the subtitle as the ``Fusion Energy
Sciences Act of 2001.''
Sec. 502. Findings
Section 502 lists nine findings.
Sec. 503. Plan for fusion experiment
Subsection 503(a) requires the Secretary, in full
consultation with the Fusion Energy Sciences Advisory Committee
and the Secretary of Energy Advisory Board as appropriate, to
develop a plan for construction in the United States of a
magnetic fusion burning plasma experiment for the purpose of
accelerating scientific understanding of fusion plasmas. The
Secretary shall request a review of the plan by the National
Academy of Sciences (NAS), and shall transmit the Department
plan and the NAS review to the Congress by July 1, 2004.
Subsection 503(b) requires the plan to: (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 identifying
potential construction sites.
Subsection 503(c) authorizes the Secretary, in full
consultation with the Fusion Energy Sciences Advisory Committee
and the Secretary of Energy Advisory Board as appropriate, to
develop a plan for the United States participation in an
international burning plasma experiment for the purpose of
accelerating scientific understanding of fusion plasmas, whose
construction is found by the Secretary to be highly likely and
where the United States participation is cost effective
relative to the cost and scientific benefits of a domestic
experiment described in subsection 503(a). If the Secretary
elects to develop a plan under this subsection, the Secretary
shall include the information described in subsection 503(b),
and an estimate of the cost of United States participation in
such an international experiment. The Secretary shall request a
review by the NAS of any such plan, shall transmit the plan and
the review to the Congress by July 1, 2004.
Subsection 503(d) authorizes the Secretary, through the
Department's Fusion Energy Sciences Program, to conduct any
RD&D necessary to fully develop the plans described in this
section.
Sec. 504. Plan for Fusion Energy Sciences Program
Section 504 requires that within six months after the
enactment of this Act, the Secretary, in full consultation with
the Fusion Energy Sciences Advisory Committee, to 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 burning plasma experiment described in
section 503. Such plan shall ensure: (1) that existing fusion
research facilities and equipment are more fully utilized with
appropriate measurements and control tools; (2) a strengthened
fusion science theory and computational base; (3) that the
selection of and funding for new magnetic and inertial fusion
research facilities is based on scientific innovation and cost
effectiveness; (4) improvement in the communication of
scientific results and methods between the fusion science
community and the wider scientific community; (5) that adequate
support is provided to optimize the design of the magnetic
fusion burning plasma experiment referred to in section 503;
(6) that inertial confinement fusion facilities are utilized to
the extent practicable for the purpose of inertial fusion
energy R&D; (7) the development of 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) the establishment of several new centers of
excellence, selected through a competitive peer-review process
and devoted to exploring the frontiers of fusion science; (9)
that the NSF, and other agencies, as appropriate, play a role
in extending the reach of fusion science and in sponsoring
general plasma science; and (10) that there be continuing broad
assessments of the outlook for fusion energy and periodic
external reviews of fusion energy sciences.
Sec. 505. Authorization of appropriations
Section 505 authorizes--for ongoing activities in
Department's Fusion Energy Sciences Program and for the purpose
of planning activities under section 503, but not for
implementation of such plans--$320.0 million for FY 2002 and
$335.0 million for FY 2003 of which up to $15 million for each
of FY 2002 and FY 2003 may be used to establish several new
centers of excellence under section 504(8).
Subtitle B--Spallation Neutron Source
Sec. 521. Definition
Section 521 defines the term ``Spallation Neutron Source''
to mean Department Project 99-E-334, Oak Ridge National
Laboratory, Oak Ridge, Tennessee.
Sec. 522. Authorization of appropriations
Subsection 522(a) authorizes to be appropriated to the
Secretary for construction of the Spallation Neutron Source
(SNS): (1) $276.3 million for FY 2002, (2) $210.471 million for
FY 2003, (3) $124.6 million for FY 2004, (4) $79.8 million for
FY 2005, and (5) $41.1 million for FY 2006 for completion of
construction.
Subsection 522(b) authorizes appropriation for other SNS
project costs (including R&D necessary to complete the project,
preoperations costs, and capital equipment not related to
construction) $15.353 million for FY 2002 and $103.279 million
for FY 2003 through 2006, to remain available until expended
through September 30, 2006.
Sec. 523. Report
Section 523 requires the Secretary to report on the SNS as
part of Department's annual budget submission, including a
description of the achievement of milestones, a comparison of
actual costs to estimated costs, and any changes in estimated
project costs or schedule.
Sec. 524. Limitations
Section 524 limits the total amount obligated for the SNS
by the Department, including prior year appropriations, to not
more than: (1) $1,192.7 million for costs of construction; (2)
$219.0 million for other project costs; and (3) $1,411.7
million for total project cost.
Subtitle C--Facilities, Infrastructure, and User Facilities
Sec. 541. Definitions
Subsection 541(1) defines the term ``nonmilitary energy
laboratory'' to mean: (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.
Subsection 541(2) defines the term ``user facility'' to
mean: (A) an Office of Science facility at a nonmilitary energy
laboratory that provides special scientific and research
capabilities, including technical expertise and support as
appropriate, to serve the research needs of the Nation's
universities, industry, private laboratories, Federal
laboratories, and others, including research institutions or
individuals from other nations where reciprocal accommodations
are provided to United States research institutions and
individuals or where the Secretary considers such accommodation
to be in the national interest; and (B) any other Office of
Science funded facility designated by the Secretary as a user
facility.
Sec. 542. Facility and infrastructure support for nonmilitary energy
laboratories
Subsection 542(a) requires the Secretary to 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.
Subsection 542(b) requires the Secretary to prepare a
comprehensive ten-year plan for conducting future facility
maintenance, making repairs, modifications, and new additions,
and constructing new facilities at each nonmilitary energy
laboratory. Such plan is to 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; and (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.
Subsection 542(c) requires the Secretary to prepare and
transmit to the appropriate congressional committees a report
containing the plan prepared under subsection 542(b) within one
year after the date of the enactment of this Act. For each
nonmilitary energy laboratory, the report is to contain: (1)
the current priority list of proposed facilities and
infrastructure projects, including cost and schedule
requirements; (2) 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; (3) the total current budget for all
facilities and infrastructure funding; and (4) the current
status of each facilities and infrastructure project compared
to the original baseline cost, schedule, and scope.
The report shall also: (1) 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 for 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; (2) address the coordination of modernization
and consolidation of facilities among the nonmilitary energy
laboratories in order to meet changing mission requirements;
and (3) provide for annual reports to the appropriate
congressional committees on accomplishments, conformance to
schedules, commitments, and expenditures.
Sec. 543. User facilities
Under subsection 543(a), 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.
Subsection 543(b) requires the Department to employ full
and open competition in selecting participants when the
Department considers the participation of a university or other
potential user in the establishment or operation of a user
facility.
Section 543(c) prohibits the Department from redesignating
a user facility, as defined by section 541(b) as something
other than a user facility to avoid the requirements of
subsections (a) and (b).
Subtitle D--Advisory Panel on Office of Science
Sec. 561. Establishment
Section 561 requires the Director of the Office of Science
and Technology Policy, in consultation with the Secretary, to
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 private
sector; and (3) suggest actions to strengthen the scientific
research supported by the Office that might be taken jointly by
the Department and Congress.
Sec. 562. Report
Under section 562, within six 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
nine months after the date of the enactment of this Act.
Subtitle E--Department of Energy Authorization of Appropriations
Sec. 581. Authorization of appropriations
Including the amounts authorized to be appropriated for FY
2002 under section 505 for Fusion Energy Sciences and under
subsection 522(b) for the SNS, subsection 581(a) authorizes to
be appropriated to the Secretary for the Office of Science
(also including subtitle C--Facilities, Infrastructure, and
User Facilities, High Energy Physics, Nuclear Physics,
Biological and Environmental Research, Basic Energy Sciences
(except for the SNS authorization under subsection 522(b)),
Advanced Scientific Computing Research, Energy Research
Analysis, Multiprogram Energy Laboratories-Facilities Support,
Facilities and Infrastructure, Safeguards and Security, and
Program Direction) operation and maintenance $3,399.558 million
for FY 2002, to remain available until expended.
Subsection 581(b) provides that within the amounts
authorized under subsection (a), $5.0 million for FY 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.
Subsection 581(c) provides that in addition to the amounts
authorized under subsection 522(a) for SNS construction,
subsection 581(b) authorizes:
(1) $11.4 million for FY 2002 for completion of
construction of Project 98-G-304, Neutrinos at the Main
Injector, Fermi National Accelerator Laboratory;
(2) $11.405 million for FY 2002 for completion of
construction of Project 01-E-300, Laboratory for
Comparative and Functional Genomics, Oak Ridge National
Laboratory;
(3) $4.0 million for FY 2002, $8.0 million for FY
2003, and $2.0 million for FY 2004 for completion of
construction of Project 02-SC-002, Project Engineering
Design (PED), Various Locations;
(4) $3.183 million for FY 2002 for completion of
construction of Project 02-SC-002, Multiprogram Energy
Laboratories Infrastructure Project Engineering Design
(PED), Various Locations; and
(5) $18.633 million for FY 2002 and $13.029 million
for FY 2003 for completion of construction of Project
MEL-001, Multiprogram Energy Laboratories,
Infrastructure, Various Locations.
Subsection 581(d) provides that none of the funds
authorized to be appropriated in subsection 581(b) may be used
for construction at any national security laboratory as defined
in section 3281(1) of the National Defense Authorization Act
for Fiscal Year 2000 (50 U.S.C. 2471(1)) or at any nuclear
weapons production facility as defined in section 3281(2) of
the National Defense Authorization Act for 2000 (50 U.S.C.
2471(2)). This limitation is included to preserve the Science
Committee's sole jurisdiction over the bill, since the
jurisdiction of these laboratories and facilities reside with
the Committee on Armed Services.
Title VI--Miscellaneous
Subtitle A--General Provisions for the Department of Energy
Sec. 601. Research, development, demonstration and commercial
application of energy technology programs, projects, and
activities
Subsection 601(a) requires that RD&D and commercial
application programs, projects, and activities authorized under
this Act 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, only to the extent the Secretary is authorized to
carry out such activities under each Act and except as
otherwise provided in this Act.
Subsection 601(b) authorizes the Secretary to use grants,
joint ventures, and any other form of agreement available to
the Secretary to the extent authorized under applicable
provisions of law, contracts, cooperative agreements,
cooperative R&D agreements under the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.),
except as otherwise provided in this Act, to carry out RD&D and
commercial application programs, projects, and activities.
Subsection 601(c) defines the term ``joint venture'' for
the purpose of this section to have 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
applies to RD&D and commercial application of energy technology
joint ventures.
Subsection 601(d) requires that 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,
willapply to RD&D and commercial application of energy technology
programs, projects, and activities under this Act.
Under subsection 601(e), an invention conceived and
developed by any person using funds provided through a grant
under this Act 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).
Subsection 601(f) requires the Secretary to ensure that
each program authorized by this Act 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.
Subsection 601(g) requires the Secretary to provide
guidelines and procedures for the transition of energy
technologies from research through development and
demonstration to commercial application of energy technology
where appropriate. Nothing in this section precludes the
Secretary from: (1) entering into a contract, cooperative
agreement, cooperative R&D 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 RD&D and
commercial application of energy technology; or (2) extending a
contract, cooperative agreement, cooperative R&D 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 RD&D to cover commercial
application of energy technology.
Subsection 601(h) states that this section shall not apply
to any contract, cooperative agreement, cooperative R&D
agreement under the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3701 et seq.), grant, joint venture, or any
other form of agreement available to the Secretary that is in
effect as of the date of enactment of this Act.
Sec. 602. Limits on use of funds
Subsection 602(a) prohibits the use of funds authorized by
this Act 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. At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a
waiver, the Secretary shall submit to the appropriate
congressional committees a report notifying the committees of
the waiver and setting forth the reasons for the waiver.
Subsection 602(b) prohibits the Secretary from using funds
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.
Subsection 602(c) prohibits the Secretary from using funds
to prepare or initiate Requests for Proposals for a program if
Congress has not authorized the program.
Sec. 603. Cost sharing
Except as otherwise provided in this subtitle, subsection
603(a) mandates that for R&D programs carried out under this
subtitle, 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 R&D is of a basic or fundamental nature.
Similarly, under subsection 603(b) the Secretary 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 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 subtitle.
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. 604. Limitations on demonstrations and commercial application of
energy technology
Section 604 requires the Secretary to provide funding only
for scientific or energy demonstration and commercial
application of energy technology programs, projects or
activities for technologies or processes that can reasonably be
expected to yield new, measurable benefits to the cost,
efficiency, or performance of the technology or process.
Sec. 605. Reprogramming
Section 605 prohibits the reprogramming of funds in excess
of 105 percent of the amount authorized for a program, project,
or activity, or in excess of $0.25 million above the amount
authorized for the program, project, or activity until the
Secretary submits a report to the appropriate congressional
committees and a period of 30 days has elapsed after the date
on which the report is received. The report shall be a full and
complete statement of the proposed reprogramming and the facts
and circumstances in support of the proposed reprogramming.
This section prohibits the Secretary from obligating funds in
excess of the total amount authorized to be appropriated to the
Secretary by this Act and prohibits the Secretary from using
funds for any use for which Congress has declined to authorize
funds.
Subtitle B--Other Miscellaneous Provisions
Sec. 611. Notice of reorganization
Section 611 requires the Secretary to provide notice to the
appropriate congressional committees not later than 15 days
before any reorganization of environmental research or
development, scientific or energy research, development, or
demonstration, or commercial application of energy technology
program, project, or activity of the Department.
Sec. 612. Limits on general plant projects
Section 612 requires the Secretary to halt the construction
of a civilian environmental research, development, or
demonstration, or commercial application of energy technology
``general plant project'' if the estimated cost of the project
(including any revisions) exceeds $5.0million unless the
Secretary has furnished a complete report to the appropriate
congressional committees explaining the project and the reasons for the
estimate or revision.
Sec. 613. Limits on construction projects
Section 613 prohibits construction on a civilian
environmental R&D, scientific or energy RD&D, or commercial
application of energy technology project for which funding has
been specifically authorized by law to be initiated and
continued if the estimated cost for the project exceeds 110
percent of the higher of: (1) the amount authorized of the
project; or (2) the most recent total estimated cost presented
to Congress as budget justification for such project. To exceed
such limits, the Secretary must report in detail to the
appropriate congressional committees on the related
circumstances and the report must be before the appropriate
congressional committees for 30 legislative days (excluding any
day on which either House of Congress is not in session because
of an adjournment of more than three days to a day certain).
This section shall not apply to any construction project that
has a current estimated cost of less than $5.0 million.
Sec. 614. Authority for conceptual and construction design
Section 614 limits the Secretary's authority to request
construction funding in excess of $5.0 million for a civilian
environmental R&D, scientific or energy research, development,
or demonstration, or commercial application of energy
technology program, project, or activity until the Secretary
has completed a conceptual design for that project.
Furthermore, if the estimated cost of completing a conceptual
design for the construction project exceeds $0.75 million, the
Secretary must submit a request to Congress for funds for the
conceptual design before submitting a request for the
construction project. In addition, the subsection allows the
Secretary to carry out construction design (including
architectural and engineering services) in connection with any
proposed construction project that is in support of a civilian
environmental R&D, 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 $0.25
million; if the total estimated cost for construction design
exceeds $0.25 million, funds for such design must be
specifically authorized by law.
Sec. 615. National Energy Policy Group mandated reports
Subsection 615(a) requires that upon completion of the
Secretary's review of current funding and historic performances
in the Department's energy efficiency, renewable energy, and
alternative energy R&D programs in response to the
recommendations of the May 16, 2001, Report of the National
Energy Policy Development Group, the Secretary shall transmit a
report containing the results of such review to the appropriate
congressional committees.
Subsection 615(b) requires that upon completion of the
Office of Science and Technology Policy and the President's
Council on Advisors on Science and Technology reviewing and
making recommendations on using the Nation's energy resources
more efficiency, in response to the recommendations of the May
16, 2001, Report of the National Policy Development Group, the
Director of the Office of Science and Technology Policy shall
transmit a report containing the results of such review and
recommendations to the appropriate congressional committees.
Sec. 616. Independent reviews and assessments
Section 616 requires the Secretary to 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 Act,
as well as the goals for such programs as established under
section 4. Such reviews and assessments shall be conducted at
least every five years, and the Secretary shall transmit to the
appropriate congressional committees reports containing the
results of these reviews and assessments.
VIII. Committee Views
Sec. 4. Goals
The cost and performance-based goals in section 4 guide and
unify the RD&D and commercial application programs authorized
in this Act. The Secretary must refine and update measurable
cost and performance-based goals in furtherance of the Act's
purposes in section 3 on a biennial basis. As provided in
section 616, the Secretary must enter into arrangements with
the National Academies of Sciences and Engineering for periodic
reviews and assessments of the programs in the Act and the
goals established under section 4.
Title I--Energy Conservation and Energy Efficiency
subtitle a--alternative fuel vehicles
In selecting applicants and project sites, the Secretary
should, consistent with subsection 103(d)(1), give special
consideration to proposals that address environmental needs in
actual and potential Clean Air Act nonattainment areas like the
Washington, DC metropolitan region and in communities seeking
to meet zero air emission goals, like Santa Clara County,
California.
The Committee considers the United States Postal Service
(USPS) a ``partner'' or entity eligible for funding under the
alternative fuel vehicle program. The Committee commends the
USPS for taking a leadership role in the conversion of its
aging fleet to more environmentally sound electric vehicles.
Over the next five years, some 6,000 Long-Life Vehicles will
replace an aging fleet of trucks in southern California, New
York, and the Washington, DC metropolitan area. It is estimated
that over three million gallons of fuel will be saved, and
170,000 tons of carbon dioxide will be removed from the
environment as a result of the effort. The Committee encourages
the USPS to continue this important procurement and, in doing
so, show leadership to other governmental entities considering
the advancement and deployment of alternative fuel vehicles.
subtitle b--distributed power hybrid energy systems
The Committee notes that the National Renewable Energy
Laboratory (NREL) currently performs certain duties of this
subtitle, especially with regard to performing and
integratingRD&D activities related to distributed power hybrid systems,
and expects NREL to continue and expand these activities.
The Committee encourages the Secretary to solicit proposals
from institutions of higher education for sharing costs of
acquisitions, installation, instrumentation, data acquisition,
and data analysis and reporting for building cooling/heating
and power systems, district energy systems, and other
distributed energy resources. In this regard, the Secretary
should consider proposals emphasizing installations using
emerging technologies, developed with the support of the
Department, that offer energy efficiency and/or environmental
benefits. The Committee also encourages the Department to
require performance reports back from recipients of these
awards detailing steps taken, efficiency gains achieved, and
educational benefits realized. These reports would constitute
``case studies'' demonstrating the viability of these systems.
Should the Secretary require such reports, funding for the
reporting should be included in the grant or contract.
Sec. 123. Strategy, Sec. 124. High Power Density Industry Program
Subsection 123(b)(5) describes a RD&D and commercial
application program to be implemented as part of the
Distributed Power Hybrid Systems Strategy. Subsection 124(b)
identifies areas that should be considered in carrying out the
program to improve energy efficiency, reliability, and
environmental responsibility in high power density industries.
Existing programs are already researching real-time performance
monitoring, conserving and optimizing energy systems,
simulation and analysis of power systems, and utilization of
power generation byproducts in an environmentally friendly
manner. This work can become a base for implementing the
Distributed Power Hybrid Systems Strategy and the High Power
Density Industry Program. The Secretary should rely on research
and technology development work already begun at State Centers
of Excellence such as the Center for Electric Power at
Tennessee Technological University to accelerate implementation
of sections 123 and 124.
Sec. 125. Micro-cogeneration energy technology
Section 125 is intended to help realize the potential of
cogeneration technology as a clean source of energy for a
variety of applications. Many believe the space heating
industry is often overlooked in the development of such
distributed cogeneration systems. The Committee believes that,
with further research and development, cogeneration of electric
power as a byproduct of building heating system operation could
provide significant environmental benefits at low cost and high
reliability and that the heating appliance industry is uniquely
positioned to provide reliable electricity using
environmentally friendly cogeneration power with practical
technology.
Subtitle D--Green School Buses
The Committee directs the Secretary to ensure that grants
under this subtitle will demonstrate the use of alternative
fuel school buses and, as a result, lead to the replacement of
pre-1977 (model year) diesel and gas buses and pre-1991 (model
year) diesel buses and, in limited situations (such as in low
income areas), the expansion of existing fleets using
conventional fuel buses with new, alternative fuel buses. In
providing grants under this subtitle, the Secretary shall
ensure that recipients of assistance certify that replaced
buses are crushed or otherwise appropriately disposed of in
accordance with law.
Coordination of alternative fuel bus programs
H.R. 2460 contains various authorities relating to
alternative fuel buses, such as subtitle A (Alternative Fuel
Vehicles), Subtitle D (Green School Buses), section 206(2)
(fuel cell bus demonstrations under the Spark M. Matsunaga
Hydrogen RD&D Act of 1990), and relating to transportation
applications for fuel cells (subsection 461(b)). The Committee
intends that the Secretary will coordinate implementation of
the various provisions to maximize their integration and
effectiveness.
Subtitle F--DOE Authorization of Appropriations
The Committee directs the Department to continue RD&D on
Smart Window technologies including electro-chromics and other
advanced technologies in energy-efficient windows, doors, and
skylights.
The Committee is aware of the potential of optical/
graphical programming for driving, controlling, and improving
virtually all types of electric motors. Successful development
of a simple, low cost, and generic solution for the intelligent
control of electric motors could significantly improve the
energy efficiency of electric motors. Such technology could
have tremendous impact on the heating, ventilation, and air
conditioning industry, among others. In FY 2001, the DOE,
through the Office of Industrial Technologies, invested in
several promising energy efficient technologies, including the
development of an optical programming system for intelligent
control of electric air conditioning motors. The Committee
strongly encourages the Department to further increase its
investment in optical/graphical programming technologies.
The Committee is aware of various engine technologies,
including an axial piston OX2 engine, which have numerous
potential advantages over the design of conventional internal
combustion engines. The Secretary should, where appropriate,
support efforts by universities and the private sector to
continue, and expand, development and testing of technologies
that provide environmental advantages over current conventional
engines, such as improved power-to-weight rations, improved
fuel efficiencies, and reduced air emissions.
Subtitle G--EPA Office of Air and Radiation Authorization of
Appropriations
Sec. 175. Limitation on demonstration and commercial applications of
energy technology
The phrase ``measurable benefits to the cost, efficiency,
or performance of the technology or process'' in section 175
includes environmental considerations. The Committee does not
intend for this provision to curtail the demonstration or
commercial application of energy technologies that are
efficient, effective, and environmentally beneficial. The
Committee believes this interpretation regarding EPA
technologies should also apply to section 604, relating to DOE
technologies.
Title II--Renewable Energy
Subtitle A--Hydrogen
Section 206 amends the Spark M. Matsunaga Hydrogen RD&D Act
of 1990 to establish a fuel cell bus demonstration program to
address hydrogen production, storage, and use in transit bus
applications. The Committee recognizes that fuel cell
technology could significantly contribute to improving the cost
effectiveness and environmental impact of mass transit options,
particularly in municipal buses and in shuttle buses such as
those operating at large airports. However, more research needs
to be done to address a number of issues related to this
technology. This demonstration program should specifically
address all aspects of the introduction of this new technology,
including the following components:
(1) Development, installation, and operation of a
hydrogen delivery system located on-site at transit bus
terminals.
(2) Development, installation, and operation of on-
site storage associated with the hydrogen delivery
systems as well as storage tank systems incorporated
into the bus itself.
(3) Demonstration of use of hydrogen as a practical,
safe, renewable energy source in a highly efficient,
zero-emission power system for buses.
(4) Development of a hydrogen proton exchange
membrane fuel cell power system that is confirmed and
verified as being compatible with transit bus
application requirements.
(5) Durability testing of the fuel cell bus.
(6) Identification and implementation of necessary
codes and standards for the safe use of hydrogen as a
fuel suitable for bus application, including the fuel
cell power system and related operational facilities.
(7) Identification and implementation of maintenance
and overhaul requirements for hydrogen proton exchange
membrane fuel cell transit buses.
(8) Completion of fleet vehicle evaluation program by
bus operators along normal transit routes, providing
equipment manufacturers and transit operators with the
necessary analyses to enable operation of the hydrogen
proton exchange membrane fuel cell bus under a range of
operating environments.
The Committee is aware that the Department of
Transportation is currently developing and funding a number of
Bus Rapid Transit (BRT) demonstration programs around the
country. The Committee believes that the BRT program is
structured in a way that would facilitate the execution of this
fuel cell bus demonstration program, as well as reducing
redundancy in interagency research, and recommends the
Secretary consider integrating this fuel cell demonstration
with existing BRT initiatives where there is local support to
do so.
Subtitle B--Bioenergy
Sec. 225. Authorization of appropriations
Subsection 225(b) authorizes funds for biofuels energy
systems. The Committee is aware of a proposal to establish a
biofuels processing facility in New York to convert cellulose
materials into levulinic acid for multiple applications. As
part of the proposal, the State University of New York College
of Environmental Science and Forestry would also develop a
Bioenergy and Bioproducts Technology Center, focusing on
biofuels from lignocellulosic biomaterial. The Committee
strongly encourages the Secretary to consider providing
substantial financial assistance for this biofuels proposal.
Subsection 225(d) authorizes the Secretary to provide
assistance for an integrated rice straw project in Gridley,
California, to convert rice straw into ethanol, electric power,
and silica, and an ethanol production facility in Maryland to
convert barley grain into ethanol for use in motor vehicles or
other uses.
Subtitle D--DOE Authorization of Appropriations
Sec. 261. Authorization of appropriations
As pointed out in a recent National Research Council
review, geothermal energy research at the DOE may be
undervalued in light of the significant U.S. and international
resource base.
DOE should consider establishing a national geothermal
research center with the resources necessary to lead an
expanded multi-laboratory geothermal research effort in the
years ahead. DOE should also continue to build upon its past
efforts to involve industry, university researchers and the
national laboratories in strategic planning for the geothermal
energy program as it moves this program forward.
The Committee is aware of the promise of emerging
geothermal energy systems. Within the Department's budget for
geothermal research, the committee urges on-going support for
university research on enhanced geothermal systems. University
research programs, such as the Energy & Geoscience Institute
(EGI) at the University of Utah and the ``Geothermal of the
West'' program, offer the promise of tapping into underutilized
geothermal resources. This program has specific relevance for
electrical power in the West, including the Great Basin,
Northern California Coast and Cascade Range. Continued
investment by DOE in the research into these promising
geothermal systems may dramatically reduce dependence on other
energy sources and improve the sustainability of existing
geothermal energy systems.
The Committee is aware of the capabilities of Texas
Southern University's (TSU) Photovoltaic Laboratory, which has
experience in demonstrating the potential of using commercially
available photovoltaic equipment to generate electric power for
electrically isolated applications in the small commercial
sector. The Committee urges the Department to consider using
the capabilities of the TSU laboratory in testing and
demonstrating components in the RD&D phase as well as those
already commercialized.
Subsection 261(b) directs the Secretary to carry out a
research program, in conjunction with ``other appropriate
Federal agencies'' on wave powered electric generation. The
Committee intends the term ``other appropriate Federal
agencies'' to mean the Office of Naval Research.
Title III--Nuclear Energy
Subtitle A--University Nuclear Science and Engineering
Sec. 303. Department of Energy Program
The Committee is aware of concerns within the university
nuclear research reactor community that DOE may be considering
downscaling its support for numerous universityreactors. The
Committee's authorization of Nuclear Education Programs stands as a
strong signal of our desire to see the Department continue to maintain,
and even expand, its support of the existing research reactor
infrastructure. Institutions such as the University of Utah Nuclear
Engineering Program run robust nuclear research reactor centers.
Without their involvement, and the maintenance of their reactor
infrastructure, necessary expertise on nuclear safety and storage would
be lost to the Western region, at the exact time that nuclear waste
products may arrive within the region. The Committee believes that a
balanced approach to nuclear power must include on-going support for
nuclear research reactors throughout the various regions of the United
States.
Title IV--Fossil Energy
Subtitle A--Clean Coal
Subtitle C of H.R. 2460, the National Electricity and
Environmental Technology Research and Development Act, funds
coal programs at the level requested by the Administration,
most notably providing $2 billion over 10 years for the Clean
Coal Power Initiative. Like the Administration, the Committee
believes that coal is likely to continue to be a significant
source of electric power in the U.S. for years to come, given
its domestic abundance. However, if that is to be the case,
coal must become a far more efficient and cleaner fuel. Such
improvements will require, among other actions, government
investment in research, development, demonstration and
commercial application of truly advanced coal technologies.
Neither the taxpayers nor the coal industry will be well served
in the long run if governmental investments were made in
technologies that do not ``push the envelope.'' Moreover, a
concerted effort will be needed to strengthen the management of
clean coal programs.
With those concerns in mind, H.R. 2460 places a number of
requirements and restrictions on coal programs, particularly on
the Clean Coal Power Initiative.
First, the Committee is requiring a detailed report on how
the Initiative will be organized and implemented. The Committee
is disturbed that at Committee hearings, the Administration
could neither explain how the $2 billion figure was arrived at
nor how the money would be spent. Given the priority the
Administration has placed on the Initiative, the Committee will
allow the Initiative to begin. However, no new projects can be
started as of October 1, 2003, unless the Administration has
submitted the detailed report required by this Act and it has
been before the Congress for 30 days.
The report must be specific in explaining how the $2
billion figure was developed, the scope of the Initiative, how
the Initiative will operate, what technical milestones will be
established and how they will be achieved, and how the
Initiative can be guided or informed by the successes and
failures of past clean coal efforts. The report must also
include recommendations for recoupment of federal funds for
successful projects. Moreover, the Act requires a more limited
review of the Department's other coal programs, which the Act
limits to research and development activities.
The Act also establishes strict, environmental standards
that projects must be designed to meet and reasonably be
expected to achieve in order to receive funding. Moreover, at
least 80 percent of the funding must be devoted to projects
related to gasification and/or sequestration, technologies that
are furthest from development and promise the greatest
environmental benefit among economically viable technologies,
and, therefore, the ones most deserving of government support.
The Committee intends that the Secretary set strict,
achievable, specific environmental milestones to ensure that
the projects comply with section 406. The environmental
criteria in this Act, which are taken from industry's own
technology roadmap, are not mere advisory guidelines. They are
precise requirements that the Initiative must be designed to
meet.
The Committee intends that the efficiency requirements
refer to generation efficiency and that the efficiency numbers
apply to plants that are exclusively generating power. The
Secretary should issue equivalent efficiency numbers for plants
involved in the production of industrial chemicals or other
activities.
The Act also sets strict financial criteria for
participants in the Initiative. These criteria are absolutely
essential to the success of the program. The Committee intends
that the Secretary require specific, written documentation and
audits from the participants to meet the requirements of
subsection 406(c). For example, a market should exist for the
technology being demonstrated or applied, as evidenced by
statements of interest in writing from potential purchasers of
technology.
The Committee recommends that the Secretary consult with
objective, outside experts in developing the report, including
those from the National Academies of Science and Engineering
(who will eventually be reviewing the Initiative, pursuant to
section 616 of this Act) and the General Accounting Office. The
Committee also recommends that, in writing the report and
carrying out the program, the Secretary consult with
environmental groups and other environmental experts (as a
primary goal of the program is making coal a more
environmentally benign fuel), the coal industry, the utility
industry, and the coal equipment manufacturing industry.
The Committee is aware of a proposed dry coal cleaning
technology demonstration involving a pulverizer and dry
separator operating together to remove impurities from coal and
other minerals. The Committee encourages the Secretary to
provide assistance for demonstration of such innovative
magnetic separator technologies.
Sec. 407. Clean Coal Centers of Excellence
Section 407 directs the Secretary to provide grants to
universities for the establishment of clean coal centers of
excellence. Based on the Subcommittee on Energy's June 12, 2001
hearing on Clean Coal Technology and subsequent discussions and
materials, the Committee strongly encourages the Secretary to
consider as potential recipients Southern Illinois University,
the University of Pittsburgh, Carnegie-Mellon University, and
the Center for Electric Power at Tennessee Technological
University.
Subtitle C--Ultra-Deepwater and Unconventional Drilling
Subtitle C of H.R. 2460, the Natural Gas and Other
Petroleum Research, Development, and Demonstration Act of 2001,
authorizes a new, ten-year program at the Department for
research, development and demonstration of ultra-deepwater
natural gas and other petroleum exploration technologies. For
purposes of this program, ultra-deepwater is defined to be in
excess of 1,500 meters, or approximately 5,000 feet, below the
surface of the ocean. The Committee is hopeful that this
technology will enable the U.S. to increase the supplies of oil
and gas from the middle and western Gulf of Mexico and other
areas already open to drilling.
The Department is to carry out the program through a non-
profit research organization. The Committee based this model on
the highly successful example of SEMATECH, which guided
jointly-funded efforts of the Department of Defense and the
semiconductor industry.
The Committee intends that the Secretary exercise
continuing oversight over the Research Organization. It is the
Secretary's responsibility to ensure that the public interest
is being served by the Research Organization's projects, that
the projects are making the desired technical progress, and the
public's money is being properly spent. The Act requires that
the Secretary receive and review a specific research plan from
the Research Organization each year, and allows the Secretary
to withhold the Research Organization's funding for the year
until the research plan is satisfactory. The Act also requires
annual audits by an independent, outside auditing firm. Such
audits were also required of SEMATECH.
The Act provides specific allocations for each of the types
of activities enumerated. However, in running the program, the
Secretary may find that these allocations are preventing the
most efficient and effective expenditure of funds. The
Secretary should notify the Committee if the allocations prove
problematic.
The Act requires that all the projects undertaken under
this program have among their major goals the improvement of
safety and the limiting of environmental impacts. The Committee
expects the Secretary to carefully monitor the program to
ensure that safety and environmental impacts are specifically
addressed in the projects funded through the Research
Organization.
This program of RD&D would only be applicable in certain
areas. Section 443 prohibits activities through the RD&D
provisions of this Act or through any new technologies
developed under this section (or any other part of subtitle C)
in any offshore areas that are currently under federal
moratoria, such as areas off the coasts of California or North
Carolina.
subtitle d--fuel cells
The Committee notes that the three separate sections of the
bill authorize fuel cell RD&D and commercial application:
section 143(c) pertaining to fuel-cell school buses, section
206(2) pertaining to fuel cell bus demonstration programs, and
section 461 pertaining to fuel cells. The Committee intends
that the Secretary will coordinate implementations of these
three provisions to maximize their integration and
effectiveness.
The Committee also recognizes that local organizations,
such as the Houston-Galveston Area Council, are well equipped
to assist the Federal government in demonstrating the benefits
from research on fuel cell technologies used for low-emission
mass transit vehicles.
Title V--Science
subtitle e--doe authorization of appropriations
The Committee is concerned about practices employed by the
Department to enforce security at DOE scientific laboratories
funded under this section. The Committee notes that the
perception of racial profiling may have fostered a hostile work
environment and may be discouraging certain employees and
potential employees from working at DOE facilities. The
Committee is concerned that such loss of talent at DOE would
endanger DOE's missions to remain technologically competitive
and to protect national security.
IX. Cost Estimate
Rule XIII, clause 3(c)(2) of the Rules of the House of
Representatives requires each committee report on a measure
approved by the committee to include: (1) an estimate by the
committee of the costs that would be incurred in carrying out
the bill or joint resolution in the fiscal year in which it is
reported and in each of the five fiscal years following that
fiscal year (or for the authorized duration of any program
authorized by the bill or joint resolution if less than five
years); (2) a comparison of the estimate of costs described in
subparagraph (1) of this paragraph made by the committee with
any estimate of such costs made by a Government agency and
submitted to such committee; and (3) when practicable, a
comparison of the total estimated funding level for the
relevant programs with the appropriate levels under current
law. However, House Rule XIII, clause 3(d)(3)(B) provides that
this requirement does not apply when a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and included in the report pursuant to House Rule XIII,
clause 3(c)(3). A cost estimate and comparison prepared by the
Director of the Congressional Budget Office under section 402
of the Congressional Budget Act of 1974 has been timely
submitted to the Committee on Science prior to the filing of
this report and is included in Section X of this report
pursuant to House Rule XIII, clause 3(c)(3).
Rule XIII, clause 3(c)(2) of the House of Representatives
requires each committee report that accompanies a measure
providing new budget authority (other than continuing
appropriations), new spending authority, or new credit
authority, or charges in revenues or tax expenditures to
contain a cost estimate, as required by section 308(a)(1) of
the Congressional Budget Act of 1974 and, when practicable with
respect to estimates of new budget authority, a comparison of
the total estimated funding level for the relevant program (or
programs) to the appropriate levels under current law. H.R.
2460 does not contain any new budget authority, credit
authority, or changes in revenues or tax expenditures. Assuming
that the sums authorized under the bill are appropriated, H.R.
2460 does authorize additional discretionary spending, as
described in the Congressional Budget Office report on the
bill, which is contained in section X of this report.
X. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 25, 2001.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2460, the
Comprehensive Energy Research and Technology Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Melissa
Zimmerman, Lisa Cash Driskill, and Kathleen Gramp.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2460--Comprehensive Energy Research and Technology Act of 2001
Summary: H.R. 2460 would authorize the appropriation of
about $18.5 billion over the 2002-2011 period to the Department
of Energy (DOE), the Environmental Protection Agency (EPA), and
the Office of Science and Technology Policy (OSTP) in the
Executive Office of the President for a variety of energy
research, development, and demonstration programs and to
promote the commercial application of energy technologies.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 2460 would cost $14.8 billion
over the 2002-2006 period and an additional $3.4 billion over
the 2007-2011 period. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply.
H.R. 2460 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs incurred by state, local, or tribal governments as a
result of this legislation would result from complying with
conditions of aid.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2460 is shown in the following table.
The costs of this legislation fall in budget functions 250
(general science, space, and technology), 270 (energy), and 300
(natural resources and the environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\............................ 5,276 0 0 0 0 0
Estimated outlays............................... 4,849 2,883 341 92 0 0
Proposed Changes:
Estimated authorization level................... 0 6,776 3,307 3,335 1,271 1,248
Estimated outlays............................... 0 3,016 4,568 3,213 2,432 1,550
Spending Under H.R. 2460:
Estimated authorization level \1\............... 5,276 6,776 3,307 3,335 1,271 1,248
Estimated outlays............................... 4,849 5,899 4,909 3,505 2,432 1,550
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the estimated amount appropriated for that year to DOE for programs related to energy
research, development, and demonstration and to EPA for science and climate change projects.
Basis of estimate: Title I would authorize the
appropriation of funds to conduct energy conservation
activities, including programs to encourage the use of
alternative fuel vehicles, research and climate change projects
that would be administered by the Office of Air and Radiation
in EPA, an initiative to reduce energy use in buildings that
would be administered by OSTP, and a variety of energy
conservation grants and projects that would be administered by
DOE. Title II would authorize funds to be appropriated to DOE
for renewable energy research activities, and title III would
authorize the appropriation of funds for nuclear energy
research. Title IV would authorize appropriations to DOE for
oil, gas, and coal research and development, fuel cell
research, and other energy technology research programs. Title
IV also would authorize the appropriation of funds for research
and demonstration projects involving drilling for hydrocarbons
in ultra-deep water regions. Title V would authorize
appropriations for fusion energy research, for construction and
operation of the Spallation Neutron Source in Tennessee, and
for the management of various research facilities administered
by DOE.
For this estimate, CBO assumes that the amounts authorized
by H.R. 2460 will be appropriated for each year and that
spending will follow historical patterns for ongoing or similar
activities.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 2460
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any costs incurred by state, local, or tribal
governments as a result of this legislation would result from
complying with conditions of aid. The bill would benefit state
and local governments, including local school districts and
public universities, by authorizing appropriations for energy-
related pilot programs and studies. However, it would require
these governments to match some of those federal funds. Any
such expenditures would be voluntary.
Estimate prepared by: Federal costs: Melissa Zimmerman,
Lisa Cash Driskill, and Kathleen Gramp; impact on State, local,
and tribal governments: Elyse Goldman; impact on the private
sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
XI. Compliance With Public Law 104-4
H.R. 2460 contains no unfunded mandates.
XII. Committee Oversight Findings and Recommendations
Rule XIII, clause 3(c)(1) of the Rules of the House of
Representatives requires each committee report on a measure
approved by the committee to include oversight findings and
recommendations required pursuant to clause 2(b)(1) of rule X.
The Committee on Science's oversight findings and
recommendations are reflected in the body of this report.
XIII. Constitutional Authority Statement
Rule XIII, clause 3(d)(1) of the Rules of the House of
Representatives requires that each report of a committee on a
public bill or public joint resolution shall contain a
statement citing the specific powers granted to Congress in the
Constitution to enact the law proposed by the bill or joint
resolution. Article I, section 8 of the Constitution of the
United States grants Congress the authority to enact H.R. 2460.
XIV. Federal Advisory Committee Statement
H.R. 2460 creates four advisory committees within the
meaning of section 5(b) of the Federal Advisory Committee Act:
1. Section 181 requires the Director of the OSTP to
establish an Interagency Group responsible for the development
and implementation of a National Building Performance
Initiative to address energy conservation and R&D and related
issues.
2. Section 209 amends section 108 the Spark M. Matsunaga
Hydrogen Research, Development, and Demonstration Act of 1990
by replacing the existing Hydrogen Technical Advisory Panel
with 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 the Act.
3. Section 445 requires the Secretary of Energy to
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, to advise the Secretary on the implementation of
title IV, subtitle C--Ultra-Deepwater and Unconventional
Drilling, and other related matters.
4. Section 561 requires the Director of the OSTP, in
consultation with the Secretary of Energy, to establish an
Advisory Panel on the DOE 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.
The functions of these entities as defined in H.R. 2460 are
not currently being performed nor could they be performed by
one or more agencies or by an advisory committee already in
existence, or by enlarging the mandate or an existing advisory
committee.
XV. Congressional Accountability Act
The Committee finds that H.R. 2460 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).
XVI. Statement on Preemption of State, Local, or Tribal Law
H.R. 2460 is not intended to preempt any State, local, or
Tribal law.
XVII. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SPARK M. MATSUNAGA HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
ACT OF 1990
* * * * * * *
SEC. 102. FINDING, PURPOSES, AND DEFINITION.
(a) * * *
[(b) Purposes.--The purposes of this Act are--
[(1) to direct the Secretary of Energy to conduct a research,
development, and demonstration program leading to the
production, storage, transport, and use of hydrogen for
industrial, residential, transportation, and utility
applications;
[(2) to direct the Secretary to develop a technology
assessment and information transfer program among the
Federal agencies and aerospace, transportation, energy,
and other entities; and
[(3) to develop renewable energy resources as a
primary source of energy for the production of
hydrogen.]
(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.
(c) Definition.--As used in this Act, the term:
(1) ``advisory committee'' means the advisory
committee established under section 108;
[(1)] (2) ``critical technology'' (or ``critical
technical issue'') means a technology (or issue) that,
in the opinion of the Secretary, requires understanding
and development in order to take the next needed step
in the development of hydrogen as an economic fuel or
storage medium;
[(2)] (3) ``Department'' means the Department of
Energy; and
[(3)] (4) ``Secretary'' means the Secretary of
Energy.
[Sec. 103. Report to Congress
[(a) Not later than January 1, 1999, the Secretary shall
transmit to Congress a detailed report on the status and
progress of the programs authorized under this Act.
[(b) A report under subsection (a) shall include, in addition
to any views and recommendations of the Secretary--
[(1) an analysis of the effectiveness of the programs
authorized under this chapter, to be prepared and
submitted to the Secretary by the Hydrogen Technical
Advisory Panel established under section 108 of this
Act; and
[(2) recommendations of the Hydrogen Technical
Advisory Panel for any improvements in the program that
are needed, including recommendations for additional
legislation.
[Sec. 104. Hydrogen research and development
[(a) 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, residential, transportation, and
utility applications.
[(b) 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 into the
marketplace;
[(2) initiate or accelerate existing research in
critical
technical issues that will contribute to the
development of more economic hydrogen production and
use, including, but not limited to, 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 hydrogen activities and
take steps to ensure that research and development
activities under this section do not displace or
compete with the privately funded hydrogen research and
development activities of United States industry.
[(c) The Secretary is authorized to evaluate any reasonable
new or improved technology, including basic research on highly
innovative energy technologies, that could lead or contribute
to the development of economic hydrogen production, storage,
and utilization.
[(d) The Secretary is authorized to evaluate any reasonable
new or improved technology that could lead or contribute to, or
demonstrate the use of, advanced renewable energy systems or
hybrid systems for use in isolated communities that currently
import diesel fuel as the primary fuel for electric power
production.
[(e) 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 chapter,
consistent with section 106 of this Act.
[(f) The Secretary shall carry out the research and
development activities authorized under this section only
through the funding of research and development proposals
submitted by interested persons according to such procedures as
the Secretary may require and evaluate on a competitive basis
using peer review. Such funding shall be in the form of a grant
agreement, procurement contract, or cooperative agreement (as
those terms are used in chapter 63 of title 31, United States
Code).
[(g) The Secretary shall not consider a proposal submitted by
a person from industry unless the proposal contains a
certification that reasonable efforts to obtain non-Federal
funding for the entire cost of the project have been made, and
that such non-Federal funding could not be reasonably obtained.
As appropriate, the Secretary shall require a commitment from
non-Federal sources of at least 50 percent of the cost of the
development portion of such a proposal.
[(h) The Secretary shall not carry out any activities under
this section that unnecessarily duplicate activities carried
out elsewhere by the Federal Government or industry.
[(i) The Secretary shall establish, after consultation with
other Federal agencies, terms and conditions under which
Federal funding will be provided under this chapter that are
consistent with the Agreement on Subsidies and Countervailing
Measures referred to in section 101(d)(12) of the Uruguay Round
Agreement Act (19 U.S.C. 3511(d)(12)).]
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. 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. 105. DEMONSTRATIONS.
(a) Requirement.--The Secretary shall conduct demonstrations
of critical technologies[, preferably in self-contained
locations,] so that technical and non-technical parameters can
be evaluated to best determine commercial applicability of the
technology.
(b) Small-Scale Demonstrations.--Concurrently with activities
conducted pursuant to section 104, the Secretary shall conduct
small-scale demonstrations of hydrogen technology [at self-
contained sites] , which shall include a fuel cell bus
demonstration program to address hydrogen production, storage,
and use in transit bus applications.
(c) Non-Federal Funding Requirement.--The Secretary shall
require a commitment from non-Federal sources of at least 50
percent of the cost of any demonstration conducted under this
section.
[SEC. 106. TECHNOLOGY TRANSFER PROGRAM.
[(a) Program.--The Secretary shall conduct a program designed
to accelerate wider application of hydrogen production,
storage, utilization, and other technologies available in near
term as a result of aerospace experience as well as other
research progress by transferring critical technologies to the
private sector. The Secretary shall direct the program with the
advice and assistance of the Hydrogen Technical Advisory Panel
established under section 108. The objective in seeking this
advice is to increase participation of private industry in the
demonstration of near commercial applications through
cooperative research and development arrangements, joint
ventures or other appropriate arrangements involving the
private sector.
[(b) Information.--The Secretary, in carrying out the program
authorized by subsection (a), shall--
[(1) undertake an inventory and assessment of
hydrogen technologies and their commercial capability
to economically produce, store, or utilize hydrogen in
aerospace, transportation, electric utilities,
petrochemical, chemical, merchant hydrogen, and other
industrial sectors; and
[(2) develop a National Aeronautics Space
Administration, Department of Energy, and industry
information exchange program to improve technology
transfer for--
[(A) application of aerospace experience by
industry;
[(B) application of research progress by
industry and aerospace;
[(C) application of commercial capability of
industry by aerospace; and
[(D) expression of industrial needs to
research organizations.
The information exchange program may consist of workshops,
publications, conferences, and a data base for the use by the
public and private sectors. The Secretary shall also foster the
exchange of generic, nonproprietary information and technology,
developed pursuant to this chapter, among industry, academia,
and the Federal Government, to help the United States economy
attain the economic benefits of this information and
technology.]
SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND
EDUCATION PROGRAM.
(a) Program.--The Secretary shall, in consultation with the
advisory committee, conduct a program designed to accelerate
wider application of hydrogen production, storage,
transportation, and use technologies, including application in
foreign countries to increase the global market for the
technologies and foster global economic development without
harmful environmental effects.
(b) Information.--The Secretary, in carrying out the program
authorized by subsection (a), shall--
(1) undertake an update of the inventory and
assessment, required under section 106(b)(1) of this
Act as in effect before the date of the enactment of
the Robert S. Walker and George E. Brown, Jr. Hydrogen
Energy Act of 2001, of hydrogen technologies and their
commercial capability to economically produce, store,
transport, or use hydrogen in industrial, commercial,
residential, transportation, and utility sector; and
(2) develop, with other Federal agencies as
appropriate and industry, an information exchange
program to improve technology transfer for hydrogen
production, storage, transportation, and use, which may
consist of workshops, publications, conferences, and a
database for the use by the public and private sectors.
SEC. 107. COORDINATION AND CONSULTATION.
(a) Secretary's Responsibility.--The Secretary shall have
overall management responsibility for carrying out programs
under this Act. In carrying out such programs, the Secretary,
consistent with such overall management responsibility--
[(1) shall use the expertise of the National
Aeronautics and Space Administration and the Department
of Transportation; and]
(1) shall establish a central point for the
coordination of all hydrogen research, development, and
demonstration activities of the Department; and
* * * * * * *
[(c) Consultation.--The Secretary shall consult with the
Administrator of the National Aeronautics and Space
Administration, the Administrator of the Environmental
Protection Agency, the Secretary of Transportation, and the
Hydrogen Technical Advisory Panel established under section 108
in carrying out his authorities pursuant to this Act.]
(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. 108. TECHNICAL PANEL.
[(a) Establishment.--There is hereby established the Hydrogen
Technical Advisory Panel (the ``technical panel''), to advise
the Secretary on the programs under this Act.
[(b) Membership.--The technical panel shall be appointed by
the Secretary and shall be comprised of such representatives
from domestic industry, universities, professional societies,
Government laboratories, financial, environmental, and other
organizations as the Secretary deems appropriate based on his
assessment of the technical and other qualifications of such
representatives. Appointments to the technical panel shall be
made within 90 days after the enactment of this Act. The
technical panel shall have a chairman, who shall be elected by
the members from among their number.
[(c) Cooperation.--The heads of the departments, agencies,
and instrumentalities of the Executive branch of the Federal
Government shall cooperate with the technical panel in carrying
out the requirements of this section and shall furnish to the
technical panel such information as the technical panel deems
necessary to carry out this section.
[(d) Review.--The technical panel shall review and make any
necessary recommendations to the Secretary on the following
items--
[(1) the implementation and conduct of programs under
this Act; and
[(2) the economic, technological, and environmental
consequences of the deployment of hydrogen production
and use systems.
[(e) Support.--The Secretary shall provide such staff, funds
and other support as may be necessary to enable the technical
panel to carry out the functions described in this section.
[SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
[There is hereby authorized to be appropriated to carry out
the purposes of this Act (in addition to any amounts made
available for such purposes under other Acts)--
[(1) $3,000,000 for the fiscal year 1992;
[(2) $7,000,000 for the fiscal year 1993;
[(3) $10,000,000 for the fiscal year 1994;
[(4) $14,500,000 for fiscal year 1996;
[(5) $20,000,000 for fiscal year 1997;
[(6) $25,000,000 for fiscal year 1998;
[(7) $30,000,000 for fiscal year 1999;
[(8) $35,000,000 for fiscal year 2000; and
[(9) $40,000,000 for fiscal year 2001.]
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. 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.
* * * * * * *
----------
HYDROGEN FUTURE ACT OF 1996
* * * * * * *
SEC. 2. DEFINITIONS.
For purposes of [titles II and III] title III--
(1) the term ``Department'' means the Department of
Energy; and
(2) the term ``Secretary'' means the Secretary of
Energy.
* * * * * * *
[TITLE II--FUEL CELLS
[SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN
PRODUCTION SYSTEMS.
[(a) Not later than 180 days after the date of enactment of
this section, and subject to the availability of appropriations
made specifically for this section, the Secretary of Energy
shall solicit proposals for projects to prove the feasibility
of integrating fuel cells with--
[(1) photovoltaic systems for hydrogen production; or
[(2) systems for hydrogen production from solid waste
via gasification or steam reforming.
[(b) Each proposal submitted in response to the solicitation
under this section shall be evaluated on a competitive gas is
using peer review. The Secretary is not required to make an
award under this section in the absence of a meritorious
proposals.
[(c) The Secretary shall give preference, in making an award
under this section, to proposals that--
[(1) are submitted jointly from consortia including
academic institutions, industry, State or local
governments, and Federal laboratories; and
[(2) reflect proven experience and capability with
technologies relevant to the systems described in
subsections (a)(1) and (a)(2).
[(d) In the case of a proposal involving development or
demonstration, the Secretary shall require a commitment from
non-Federal sources of at least 50 percent of the cost of the
development or demonstration portion of the proposal.
[(e) The Secretary shall establish, after consultation with
other Federal agencies, terms and conditions under which
Federal funding will be provided under this title that are
consistent with the Agreement on Subsidies and Countervailing
Measures referred to in section 101(d)(12) of the Uruguay Round
Agreement Act (19 U.S.C. 3511(d)(12)).
[SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated, for activities
under this section, a total of $50,000,000 for fiscal years
1997 and 1998, to remain available until September 30, 1999.]
* * * * * * *
XVIII. Committee Recommendations
On July 18, 2001, a quorum being present, the Committee
favorably reported H.R. 2460, the Comprehensive Energy Research
and Technology Act of 2001, as amended, by a voice vote, and
recommended its enactment.
XIX. Statement of General Performance Goals and Objectives
Pursuant to clause 3(c) of House Rule XIII, the outcome-
related goals of H.R. 2460, as enumerated in Section 4, are to
be used to guide the conduct of a balanced energy research,
development, demonstration, and commercial application
portfolio of programs in order to meet the purposes of H.R.
2460 under Section 3.
XX. Exchange of Committee Correspondence
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, June 25, 2001.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science, House of Representatives, Rayburn House
Office Building, Washington, DC.
Dear Chairman Boehlert: I am writing with regard to H.R.
2460, the Comprehensive Energy Research and Technology Act of
2001.
In light of the House Leadership's desire to bring
comprehensive energy legislation to the House floor, I will not
exercise the Committee's right to a referral. By agreeing to
waive its consideration of the bill, however, the Energy and
Commerce Committee does not waive its jurisdiction over H.R.
2460 or similar legislation. In addition, the Energy and
Commerce Committee reserves its authority to seek conferees on
any provisions of this or similar legislation that are within
its jurisdiction during any House-Senate conference that may be
convened. I ask for your commitment to support any request by
the Energy and Commerce Committee for conferees on H.R. 2460 or
similar legislation.
I request that you include this letter as a part of the
Committee's report on H.R. 2460. Thank you for your attention
to these matters, and I look forward to working with you as we
bring comprehensive energy legislation to the Floor.
Sincerely,
W.J. ``Billy'' Tauzin,
Chairman.
------
House of Representatives,
Committee on Science,
Washington, DC, July 27, 2001.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Chairman Tauzin: Thank you for your July 25th letter
regarding H.R. 2460, the ``Comprehensive Energy Research and
Technology Act of 2001.'' H.R. 2460 was introduced on July 11,
2001 and referred exclusively to the Committee on Science. The
Committee on Science held a mark-up session of H.R. 2460 on
July 18, 2001 and ordered the bill reported.
If, during deliberations of H.R. 2460, the bill is altered
to include subject matter falling within the Energy and
Commerce Committee's jurisdiction, we will work with your
Committee to address those issues of concern, including the
honoring of your request for conferees should any version
contain a provision that falls within your jurisdiction.
I will include the exchange of letters between our
Committees as part of the record. Thank you for your
cooperation in this matter.
Sincerely,
Sherwood L. Boehlert,
Chairman.
XXI. ADDITIONAL VIEWS
Overall this bill represents a solid statement by the
Science Committee that reflects a bipartisan consensus of its
priorities for our nation's energy future. The Chairman is to
be commended for his efforts to produce a bipartisan bill that
incorporates many of the initiatives important to Committee
Members from both parties. This bill was strengthened by a
clarifying amendment accepted by the Committee that clearly
states R&D for the Ultra-Deepwater natural gas and petroleum
provision does not apply to areas currently protected by a
federal moratorium from offshore drilling.
In particular, the bill authorizes aggressive funding
levels for bioenergy and hydrogen renewable energy R&D. It also
includes an additional $177 million over three years for the
Department of Energy to step up R&D on other renewable energy
initiatives, including solar, wind and geothermal. These
increased levels are key for an energy future that relies more
on energy sources that are renewable and minimizes impacts on
our environment.
Of disagreement, however, are provisions in the bill that
authorize new commitments in the nuclear energy field.
Explicitly, the bill includes language authorizing R&D for
pyroprocessing as well as authorizes new funding for the
Nuclear Energy Technology account for a study on Generation IV
nuclear reactor technologies.
As written, the pyroprocessing program established in the
bill funds R&D over three years at approximately $30 million.
The research for advanced fuel cycle technologies comes with no
conditions on whether that technology is cheaper, safer, or
more proliferation resistant that our current reactors. This
initiative also goes against a longstanding U.S. policy to not
engage in this type of nuclear waste ``recycling.'' The
Committee's authorization does not limit the activities of the
program to paper studies and roadmaps, but rather makes this a
full-fledged R&D program. Certainly resolving the nuclear waste
issue is of great concern to many Members. However, while
pyroprocessing may reduce the volume and radioactivity of the
waste material, the process remains dangerously waste-
intensive, and continues to call for reprocessed waste to be
eliminated or otherwise dealt with by some method of permanent
disposal resulting in high volumes of spent fuel that requires
requiring storage both before and after reprocessing--in more
than one repository. There is also the continuing uncertainty
that these technologies both produce more plutonium and reduce
the United States' international standing in efforts to stop
other countries from exploring pyroprocessing techniques or
breeder reactors. Developing dangerous and costly technologies,
reversing a U.S. policy that has been in place for almost a
quarter century, with no solid Committee record, apparent
justification or quantifiable payoff, is unjustified.
Concerning the Nuclear Energy Technology account, the bill
authorizes approximately $60 million over three years for a
study on the next generation of nuclear reactors. The
President's FY02 budget request for the Department of Energy is
absolutely crystal clear that the Nuclear Energy Technology
account needs just $4.5 million to complete its technology
roadmap study on Generation IV nuclear reactor technologies.
Not the $50 million as was in the base bill or the $20 million
as is in the bill as amended. According to the budget request,
the study is the final step for this account. Future work and
requests are contingent, presumably, upon what the plan
proposes.
Considering this, there is no justifiable reason for this
bill to authorize $15.5 million more than the President, or the
House Appropriations Committee, states this account needs in FY
2002. The prudent procedure is to give the Department the money
they need to finish their report, but no more than that. After
the report is delivered, the Committee can assess further
needs. For an issue this complex and far reaching as to how to
proceed with Generation IV nuclear reactor efforts, the
Committee should have a full Committee record on the merits of
this initiative, which this program certainly does not. More
perplexing are the out-year funds for 2003 and 2004. The
language of the bill is quite explicit that the Committee is
only authorizing a study. Despite a comment by Majority staff
to the contrary, the language of the bill authorizes a study
and specifies what kinds of information should be included in
that report. However, that report is due December 31, 2001. As
a consequence, we remain skeptical that the Department can
productively utilize the total $60 million authorization and
perplexed at the Committee's intentions.
Aside from disagreement on these two subjects, this bill
otherwise represents the hard work of all involved to find
common ground on the breadth and depth of our interests.
Lynn Woolsey.
Lynn N. Rivers.
Joe Hoeffel.
Michael Honda.
Mark Udall.
XXII. Proceedings of Full Committee Markup
h.r. 2460, comprehensive energy research and technology act of 2001,
july 18, 2001
Chairman Boehlert. We will now consider H.R. 2460.
I want to welcome everyone here for the Markup of the
Science Committee's piece of the House comprehensive energy
package. I think we have done what we set out to do. We have
come up with a bill that is balanced, comprehensive and
bipartisan. And let me stress all three. It is a balanced
approach, it is comprehensive, and it carries a bipartisan
effort. With just about every single Member of the Full
Committee contributing in one way or another to the final
package we present here for your consideration today.
The bill truly emphasizes conservation and renewable energy
sources, while also creating a stringent clean coal program and
authorizing oil, gas and nuclear research. The bill recognizes
that environmental considerations, including those related to
climate change, must be an integral part of any energy
strategy. And the bill is bipartisan, reflecting lengthy
negotiations that have gone well into the night and concluded
only shortly before this markup.
I want to thank all the Members on both sides of the aisle
for their spirited participation in crafting this bill, which
reflects the ideas of many Members on and off this Committee.
The bipartisan managers' amendment, which I will offer with Mr.
Hall, is the vehicle for including many of those ideas.
I also want to thank Tim Brown, of the Legislative
Counsel's office, for his hard work on this over many days and
into the night, especially since he was also working on the
Energy and Commerce bill at the same time. I'm sure he
appreciates our bill more, but he is not at liberty to say
that.
Let me also say that the professional staff, once again, on
both sides, rose to the occasion and proved what Capitol Hill
is, its people are some of the most capable and professional
and dedicated staff people in any institution in any place in
this country. They worked long and hard to bring us to this
point, and they deserve our congratulations.
Congratulations.
[Statement of Congressman Boehlert follows:]
Opening Statement of Hon. Sherwood Boehlert
I want to welcome everyone here today for the mark-up of the
Science Committee's piece of the House comprehensive energy package. I
think we have done what we set out to do. We have come up with a bill
that is balanced, comprehensive and bipartisan.
The bill truly emphasizes conservation and renewable energy
sources, while also creating a stringent clean coal program and
authorizing oil, gas and nuclear research. The bill recognizes that
environmental considerations, including those related to climate
change, must be an integral part of any energy strategy. And the bill
is bipartisan, reflecting lengthy negotiations that have gone well into
the night and concluded only shortly before this markup.
I want to thank all the members on both sides of the aisle for
their spirited participation in crafting this bill, which reflects the
ideas of many Members on and off this Committee. The bipartisan
managers' amendment, which I will offer with Mr. Hall, is the vehicle
for including many of those ideas.
I also want to thank Tim Brown of the Legislative Counsel's office
for his hard work on this over many days and into the night, especially
since he was also working on the Energy and Commerce bill at the same
time. I'm sure he appreciates our bill more, but he's not at liberty to
say.
Chairman Boehlert. We will now consider the Bill H.R. 2460.
I yield the remainder of my time to the Chair of the
Subcommittee on Energy, Mr. Bartlett, to explain the details.
Mr. Bartlett?
Mr. Bartlett. Thank you, Chairman Boehlert. Today we are
marking up H.R. 2460, the Comprehensive Energy Research and
Technology Act of 2001, as introduced.
I would like to thank my colleagues for their interest in
this important legislative effort and look forward to a very
fruitful markup.
Special thanks to Congressman Boehlert and my Ranking
Member, and very special thanks to the staff for their hard
work in the negotiations on section 4, which is the clean coal
technology. And thanks to Mr. Costello, whose original bill
this was, for helping to make sure that this was a bipartisan
bill that will advance the use of coal, while still protecting
our environment.
We are marking up H.R. 2460 as part of a Congress-wide
effort to advance this Nation's energy security both now and in
the future. As I have said repeatedly, the future of this
country depends heavily on the availability of cheap, abundant,
and sustainable energy. It is incumbent upon this Committee to
assure that our energy security and that the bulk of our
sources of energy be made environmentally sound and sustainable
as rapidly as possible.
I am pleased that the legislation we consider today moves
us down the road towards sustainability and environmental
soundness, while maintaining balance with traditional sources
of energy. I will briefly describe each title of the bill
before we proceed with today's action.
Title I provides for energy conservation and energy
efficiency. Subtitle A, authored by Mr. Boehlert and co-
sponsored in its original form by Mr. Udall and Mr. Grucci,
provides funding to accelerate the use of vehicles running on
alternative fuels.
This pilot program will demonstrate the feasibility of more
widespread adoption of transportation fuels and systems that
begin to draw on our country's vast supply of cleaner fuels,
such as natural gas and renewable forms of energy.
Subtitle B provides funding for research into distributed
energy resources. Distributed energy can offer greater
reliability for consumers and will be heavily derived from
sustainable sources of energy.
Subtitle C makes funds available for Energy Conservation
operations and maintenance at the Department of Energy.
Subtitle D authorizes funding for the Office of Air and
Radiation at EPA for energy efficiency technology programs.
These programs are designed to move technologies into the
marketplace that are not only energy efficient, but also reduce
emissions.
Title II provides for another critical piece of the energy
puzzle: renewable energy. Subtitle A, authored by Mr. Calvert
and cosponsored by Ms. Woolsey, provides for the acceleration
of research, development and demonstration of promising
hydrogen technologies. Much work remains to be done before we
can move toward greater use of hydrogen. This funding authority
may bring that date closer.
Subtitle B, authored by myself and co-sponsored by Chairman
Boehlert, Ms. Morella, Mr. Udall, and Ms. Jackson Lee in its
original form, authorizes funding for bioenergy. Bioenergy and
biofuels are derived from renewable agricultural waste and
other sources of biomass. It solves two problems at the same
time, making use of our Nation's bountiful biomass and
providing a new source of renewable energy as well as producing
biochemicals that could replace petrochemicals in the future.
Subtitle B makes available funding for biopower and
biofuels energy systems programs, projects, and activities.
This subtitle further authorizes funding for integrated
bioenergy research and development.
Subtitle C provides for numerous renewable energy programs,
including the National Renewable Energy Lab.
Title III covers nuclear energy. Subtitle A, authored by
Ms. Biggert and co-sponsored by myself, Mr. Costello, Mr.
Ehlers and Mr. Calvert, moves to bolster nuclear science and
engineering education at our nation's universities.
Subtitle B, authored by Mr. Graham and co-sponsored by Ms.
Biggert and Ms. Hart, provides for research and development on
advanced fuel recycling technologies.
Subtitle C, also by Mr. Graham, provides authorization for
the Nuclear Energy Research Initiative, NERI, and the Nuclear
Energy Plant Optimization, NEPO, programs as well as for
research into new nuclear technologies. NEPO will help us make
our existing nuclear plants operate more efficiently for longer
periods of time and with greater safety. NERI bolsters our
position in nuclear engineering and helps maintain our U.S.
nuclear science and engineering infrastructure.
Title IV covers research and development for fossil energy
resources. Subtitle A, authored primarily by Mr. Costello,
covers clean coal technology. Coal is our most abundant fossil
fuel resource. Improving the efficiency and reducing hazardous
emissions from coal, particularly plentiful, low-quality coal
will help ensure that coal willbe an important component of our
electricity generation in the future. Clean coal also holds promise for
transportation fuel and as a feedstock for the chemical industry. This
subtitle authorizes the President's Clean Coal Initiative. Subtitle B
provides funding for research on oil and gas. As we heard in testimony
before the Energy Subcommittee, oil and gas research can extend
domestic production and has already characterized significant new
reserves.
Subtitle C, by Mr. Larson, provides for the DOE to perform
additional research and development on fuel cell systems and
innovative concepts.
Subtitle D authorizes funds for other programs within DOE's
fossil energy research not authorized elsewhere in this
section.
Title V authorizes funding for programs within DOE's Office
of Science.
Subtitle A, authored by my colleague, Ms. Lofgren, and co-
sponsored by a number of Members of this committee, strengthens
our fusion energy research program. Fusion holds great
potential for the future, but to get to that future, we need to
continue to invest heavily today. This bill directs the energy
for the Fusion Energy Sciences Program at DOE to initiate a
magnetic fusion burning plasma experiment, capable of producing
substantial fusion power output and providing key information
for the advancement of fusion science.
Subtitle B authorizes the Spallation Neutron Source at Oak
Ridge National Lab. This authorized level matches the
Administration request and sets an expenditure cap for the
total project cost. I believe that this is a prudent way to
provide a needed science facility, while setting strict
spending caps to protect the taxpayer.
Subtitle C requires the Secretary of Energy to develop and
implement a facility and infrastructure plan for non-military
facilities within the DOE lab structure.
Subtitle D requires the establishment of an Advisory Panel
to report on the activities of the Office of Science and how
they may be improved.
Subtitle E authorizes funding for various programs within
the Office of Science.
I believe that today's markup will refine and clarify the
contents of H.R. 2460. This has truly been a bipartisan effort,
and I believe that at the end of the day we will have a strong
bill to report to the floor of the House.
Finally, I would like to thank the Chair for yielding this
time to me, and thank the Chair and the committee Members, many
of them authored portions of this bill, and for participating
in today's markup.
[Statement of Roscoe Bartlett follows:]
Statement of Hon. Roscoe Bartlett
Thank you, Chairman Boehlert. Today we are marking up H.R. 2460,
The Comprehensive Energy Research and Technology Act of 2001, as
introduced. I would like to thank my colleagues for their interest in
this important legislative effort and look forward to a very fruitful
markup. We are marking up H.R. 2460 as part of a Congress-wide effort
to advance this Nation's energy security both now and in the future. As
I have said repeatedly, the future of this country depends heavily on
the availability of cheap, abundant, and sustainable energy. It is
incumbent upon this Committee to assure our energy security and that
the bulk of our sources of energy be made environmentally sound and
sustainable as rapidly as possible.
I am pleased that the legislation we consider today moves us down
the road toward sustainability and environmental soundness, while
maintaining balance with traditional sources of energy. I will briefly
describe each title of the bill before we proceed with today's action.
Title I provides for energy conservation and energy efficiency.
Subtitle A, authored by Mr. Boehlert and cosponsored in its original
form by Mr. Udall and Mr. Grucci, provides funding to accelerate the
use of vehicles running on alternative fuels. This pilot program will
demonstrate the feasibility of more widespread adoption of
transportation fuels and systems that begin to draw on our country's
vast supply of cleaner fuels, such as natural gas and renewable forms
of energy.
Subtitle B, provides funding for research into distributed energy
resources. Distributed energy can offer greater reliability for
consumers and will be heavily derived from sustainable sources of
energy. Subtitle C makes funds available for Energy Conservation
operations andmaintenance at the Department of Energy. Subtitle D
authorizes funding for the Office of Air and Radiation at EPA for
energy efficiency technology programs. These programs are designed to
move technologies into the marketplace that are not only energy
efficient, but also reduce emissions.
Title II provides for another critical piece of the energy puzzle:
renewable energy. Subtitle A, authored by Mr. Calvert and cosponsored
by Ms. Woolsey, provides for the acceleration of research, development
and demonstration of promising hydrogen technologies. Much work remains
to be done before we can move toward greater use of hydrogen. This
funding authority may bring that date closer.
Subtitle B, authored by myself and cosponsored by Chairman
Boehlert, Ms. Morella, Mr. Udall and Ms. Jackson-Lee in its original
form, authorizes funding for bioenergy. Bioenergy and biofuels are
derived from renewable agricultural waste and other sources of biomass.
It solves two problems at the same time--making use of our nation's
bountiful biomass and providing a new source of renewable energy as
well as producing biochemicals that could replace petrochemicals in the
future. Subtitle B makes available funding for biopower and biofuels
energy systems programs, projects, and activities. This subtitle
further authorizes funding for integrated bioenergy research and
development.
Subtitle C provides for numerous renewable energy programs,
including the National Renewable Energy Lab.
Title III covers nuclear energy. Subtitle A, authored by Ms.
Biggert and cosponsored by myself, Mr. Costello, Mr. Ehlers and Mr.
Calvert, moves to bolster nuclear science and engineering education at
our nation's universities. Subtitle B, authored by Mr. Graham and
cosponsored by Mr. Biggert and Ms. Hart, provides for research and
development on advanced fuel recycling technologies. Subtitle C, also
by Mr. Graham, provides authorization for the Nuclear Energy Research
Initiative (NERI) and the Nuclear Energy Plant Optimization (NEPO)
programs as well as for research into new nuclear technologies. NEPO
will help us make our existing nuclear plants operate more efficiently
for longer periods of time and with greater safety. NERI bolsters our
position in nuclear engineering and helps maintain our U.S. nuclear
science and engineering infrastructure.
Title IV covers research and development for fossil energy
resources. Subtitle A authored primarily by Mr. Costello, covers clean
coal technology. Coal is our most abundant fossil fuel resource.
Improving the efficiency and reducing hazardous emissions from coal,
particularly plentiful, low-quality coal will help assure that coal
will be an important component of our electricity generation in the
future. Clean coal also holds promise for transportation fuel and as a
feedstock for the chemical industry. This Subtitle authorizes the
President's Clean Coal Initiative. Subtitle B provides funding for
research on oil and gas. As we heard in testimony before the Energy
Subcommittee, oil and gas research can extend domestic production and
has already characterized significant new reserves. Subtitle C by Mr.
Larson provides for the DOE to perform additional research and
development on fuel cell systems and innovative concepts. Subtitle D
authorizes funds for other programs within DOE's fossil energy research
not authorized elsewhere in this section.
Title V authorizes funding for programs within DOE's Office of
Science. Subtitle A, authored by my colleague Ms. Lofgren and
cosponsored by a number of members of this committee, strengthens our
fusion energy research program. Fusion holds great potential for the
future, but to get to that future, we need to continue to invest
heavily today. The bill directs the Fusion Energy Sciences Program at
DOE to initiate a magnetic fusion burning plasma experiment, capable of
producing substantial fusion power output and providing key information
for the advancement of fusion science.
Subtitle B authorizes for the Spallation Neutron Source at Oak
Ridge National Lab. The authorized level matches the Administration
request and sets an expenditure cap for the total project cost. I
believe that this is a prudent way to provide a needed science facility
while setting strict spending caps to protect the taxpayer. Subtitle C
requires the Secretary of Energy to develop and implement a facility
and infrastructure plan for nonmilitary facilities within the DOE lab
structure. Subtitle D requires the establishment of an Advisory Panel
to report on the activities of the Office of Science and how they may
be improved. Subtitle E authorizes funding for various programs within
the Office of Science.
I believe that today's markup will refine and clarify the contents
of H.R. 2460. This has truly been a bipartisan effort and I believe
that at the end of the day we will have a strong bill to report to the
floor of the House. Finally, I would like to thank the Chair for
yielding this time to me and thank the Chair and the committee members
for participating in today's markup. I yield back my time.
Mr. Bartlett. I yield back my time.
Chairman Boehlert. The Chair now recognizes Mr. Hall.
Mr. Hall. Mr. Chairman, I thank you, and I thank you and
your staff and others that have worked with us to ensure that
this will go a long way. I want to take this opportunity also
to thank natural gas, resources, huge quantities of natural
gas, increasing demand for natural gas sharply, we don't have
any choice. I would yield back my time. I'd like to yield back
the balance of my time to Mrs. Woolsey for any remarks that she
may have, and I will yield back the last 30 minutes of my time.
Chairman Boehlert. The gentlewoman from California is
recognized for the balance of Mr. Hall's time.
Ms. Woolsey. Thank you, Mr. Chairman. Today we are
addressing the future direction of our country, and the future
direction of DOE's research and development program. Every one
of us has a different vision of what we want our energy future
to look like. But it is very clear from what we have come up
with that this committee is obviously together in, one, our own
districts, and two, this Nation. And I thank you for making
this bill positive, and I thank Chairman Barlett for working so
well with me on this. And I thank the staff. You were all
terrific, and thank you very, very much.
As a Californian, and a Member of one of the most
environmentally conscious districts in the country, my time in
Congress has focused on an energy future that relies
increasingly on the energy resources that are both renewable
and minimize impact on our environment. That is why I
introduced H.R. 2324, which is the Fuel Energy and Energy
Emissions Act. This bill sets a goal that 20% of our energy in
the U.S. be generated of non-hydro renewable energy sources by
the year 2020.
I have been concerned about the base bill and about the
President's bill in this regard, but I want to compliment the
committee for working together. We are very close to reaching
the goals of H.R. 2324, and I look forward to discussing it
further. With the amendment, I think you should approve it,
overall. Thank you.
Chairman Boehlert. Thank you very much, and without
objection, all members may place opening statements in the
record at this point.
Opening Statement of Hon. Ralph M. Hall
Mr. Chairman and Members of the Committee, today is a day
that comes around infrequently in this committee--that is, a
day in which we will report an authorization bill for the
research and development programs for the Department of Energy.
Many times we have reported energy authorization bills, only to
see them flounder along the way.
This year is different. The leadership is pushing the
committees to report their bills as soon as possible. While I
wish we had more time to work on these bills, this is the
schedule we have to meet, and I believe we've done the best we
could in the time allowed.
I want to thank you, Mr. Chairman and your staff, for
working with our side to ensure the consensus that I believe we
have here today.
I also want to take this opportunity to thank you for
working with us on the development of the provision in the bill
that I believe is especially important--the establishment of
the ultra-deepwater natural gas research and development
program. Extraordinary times demand extraordinary measures to
achieve their objectives. This crash program, I believe, will
develop and demonstrate the technologies necessarily to drill
and produce the huge quantities of natural gas that are below
some of the deepest waters in the Gulf of Mexico in the
fastest, most efficient way possible. With increasing demand
for natural gas and sharply lower production in the U.S., we
have no choice but to go after these supplies as possible.
With that, Mr. Chairman I yield back the balance of my
time.
------
Opening Statement of Hon. Constance Morella
Mr. Chairman, we have before us today two important pieces of
legislation, a voting technology bill and the Science Committee's
portion of the national energy policy. I want to thank you for moving
this legislation to the top of the Science Committee's agenda.
With all that happened at last year's presidential election,
electoral reform needs to be addressed. However, despite the obvious
problems, there are no obvious solutions. We have neglected our
electoral system for far too long, but we cannot simply replace our
neglect with knee-jerk regulation and one-size-fits-all policies. A
haphazard guess is not a policy vehicle.
Recent studies have highlighted the difficulties of our current
practices as well as warned us of potential future problems if we act
too rashly. This bill addresses these concerns. It calls for objective
standards and creates a mechanism for a formal review of our electoral
process and our voting equipment. Under the auspices of NIST, our
premier developer of measurements and standards, we will soon have the
prescriptions for our voting ills.
As for energy, the administration has laid out a broad plan and
this bill represents the piece we have jurisdiction over. We have
augmented the president's proposal with important research and
development efforts to environmentally friendly areas such as hydrogen,
biomass, and other renewable technologies. It has been a difficult
struggle to bring together the various competing interests, but we have
forged a bill that fairly balances the concerns of the environment with
our all-to-real energy needs. I believe that the final product deserves
our support.
I strongly urge my colleagues to pass both of these measures.
______
Opening Statement of Hon. Nick Smith
Mr. Chairman, I rise in support of this bill, as amended by
Chairman Boehlert and the Ranking Minority Member Mr. Hall.
America has a serious energy problem. After many years of being
accustomed to abundant and very affordable energy, we have been caught
short.
Skyrocketing prices for gasoline, natural gas, and electricity,
rolling blackouts in California, and predictions of shortages and
outages in other parts of the country have focused the minds of
consumers, manufacturers, farmers, and small businesses on something we
once took for granted--affordable and reliable energy.
As a member of the Presidential Oil Policy Commission during the
Arab oil crisis of the early 1970s, I have seen how supply disruptions
and high prices can take an economic toll on the country. I played a
role in the decision to implement price controls and some other policy
decisions that clearly did not work. I am determined that the mistakes
of the past are not repeated again.
Modern economies depend on energy to sustain growth. For example,
much of the economic growth in the past decade has been driven by
information and networking technologies. But this equipment requires
tremendous amounts of electric power. Without adequate generating
capacity, we will be unable to capitalize fully on these new
technologies that improve our lives in countless ways.
The fact is, future energy demand is going to significantly
outstrip supply unless we take action now to produce more energy
domestically. This will be critically important for Michigan, which
ranks ninth in the country in energy consumption. The Science Committee
has a critical role to play by authorizing the research and development
programs that create the technologies necessary to improve the
efficiency, environmental footprint, and economics of a broad range of
energy options.
For too long, the country has been without an energy policy. The
President's Energy Policy came at a crucial time and recognized that
there are not quick fixes to America's energy shortage. Critics of the
President's plan say that Americans already use too much energy and
believe conservation can solve the problem. Conservation will be an
integral part of the solution, but it cannot do it alone, and it cannot
be done without research and development.
President Bush's comprehensive energy plan incorporates
conservation, R&D into new technologies, regulatory reform, and other
measures to ensure that Americans have access toreliable, affordable,
and clean energy. With this legislation, we take the first steps toward
implementing the President's plan. Research and development into
alternate energy sources and new technologies will play a significant
role in making our energy supplies cleaner, cheaper, and more efficient
and in enabling a variety of energy options for the future. There is no
reason why we cannot increase our supplies of energy through new
technologies that conserve energy and protect the environment. Through
a coordinated program of R&D, outlined in this legislation, we can
achieve these goals without sacrificing economic growth.
Currently, alternate and renewable sources of energy account for
about 7 percent of energy use in the United States, and about 4 to 5
percent in Michigan. Michigan is also home to over 18,000 alternative-
fueled vehicles. The research included in the Chairman's bill will
advance these energy options and make them more competitive. Some of
the promising avenues of research include biofuels and biodiesel,
photovoltaics, wind energy, and fuel cells, each of which has
tremendous future potential.
As Chairman of the Science Committee's Research Subcommittee, I
have been looking at ways to unleash the best scientific minds to
realize the full potential of alternate technologies. For example, I
believe that crop plants can play a greater role in meeting the
Nation's energy needs by providing increased supplies of clean,
renewable fuels and offering new opportunities for America's farmers.
That is why I am very pleased that this legislation supports increases
for the science and enabling technologies that will advance this
important energy option and that it also recognizes the important role
that plant genomics can play in making bioenergy work.
Research authorized in this legislation will also continue to
improve the efficiency and reduce the environmental impact of existing
technologies. In my home state of Michigan, 80 percent of our
electricity needs are currently supplied by coal. Coal has many
benefits, but it also has environmental drawbacks. I am particularly
pleased that the chairman's bill contains a ten-year authorization for
clean coal technologies. America has abundant reserves of coal--enough
for hundreds of years. We need to figure out how to tap into this
resource in the way that protects the environment and keeps energy
affordable.
Nuclear power--which accounts for 20 percent of the nation's
electricity generation--is an important energy source that produces
nearly zero greenhouse gas emissions but generates waste that
constitutes a serious, long-term, environmental and health concern.
Research, such as that supported in this legislation, may significantly
reduce this concern and help us to achieve the full potential of
nuclear power. I am concerned that the U.S. is in danger of losing
international leadership in nuclear technologies and the research
capabilities needed to regain that leadership. As of 2001, the supply
of four-year trained nuclear scientists is at a 35 year low, with only
28 U.S. universities operating research and training reactors. Within
the next five years, 25 to 30 percent of the Nation's nuclear workforce
are eligible to retire (76% at the National Labs), and half of those 28
research reactors' licenses will expire. That is why I am very please
to note the strong support in this legislation for nuclear R&D and for
the education and training of the next generation of nuclear scientists
and engineers.
This legislation supports the President's vision for a broad
portfolio of energy options for the future by making traditional
sources of energy more efficient and less polluting, by making
renewable sources of energy more competitive, and by educating and
training the next generations of scientists and engineers who will keep
us moving forward.
I am pleased to have contributed to this legislation, I am pleased
to support this legislation, and I urge my colleagues to support it as
well.
______
Opening Statement of Hon. Judy Biggert
Thank you, Mr. Chairman. I appreciate this opportunity to help
shape a very important portion of much-needed comprehensive energy
legislation. H.R. 2460, the Comprehensive Energy Research and
Technology Act is certainly a step in the right direction.
This committee's consideration of this legislation is quite timely.
Just yesterday, the news media in Chicago and around the nation was
questioning the need for a national energy policy in light of declining
gas prices nationwide and fewer rolling blackouts in California.
Fortunately, I had an opportunity to address that and many other
energy issues this week at a townhall meeting in my district that was
attended by Energy Secretary Spencer Abraham.
Our answer? A National Energy Policy is still urgently needed.
Our energy demand has increased 47% over the past 30 years, and yet
we have half as many oil refineries, static pipeline capacity, and 12
different blends of gasoline in Illinois alone. We haven't built a
large refinery in about 20 years and our current refineries are
operating at 95 percent capacity. Fifty-two percent of the oil consumed
in America has to be imported. Ninety-seven percent of the power plants
currently under construction use the same fuel--natural gas.
Unless we begin to address some of these fundamental problems,
we're going to experience high and volatile energy prices every year
into perpetuity.
That's why we need a national energy policy, and that's why we need
to pass this bill.
I also want to thank you, Chairman Boehlert, the sponsor of this
bill, for including in this comprehensive legislation provisions of my
bill, H.R. 2126, the DOE University Nuclear Science and Engineering
Act.
Regardless of what you think about nuclear power, no one can say
that we don't need nuclear scientists and engineers. For too long the
perception has been that nuclear scientists and engineers are only
needed to operate power plants. That couldn't be further from the
truth.
Nuclear science and engineering is a discipline vital not only to
nuclear power generation, but to the nuclear navy, nonproliferation and
national security, and the medical, biological, and industrial
applications of radiation.
The legislation I introduced takes a number of different approaches
recommended by reports from the National Research Council, the
Department of Energy, and its Nuclear Energy Research Advisory
Committee. It strengthens four components essential to strong nuclear
science and engineering programs--students, faculty, facilities and
equipment, and research. Most importantly, this bill is bipartisan and
bicameral, and similar to legislation introduced in the Senate by the
Chairman of the Energy and Natural Resources Committee, Senator Jeff
Bingaman.
As a strong supporter of the DOE Office of Science, I also am very
pleased that this bill contains a significant increase in the
authorization for this important office. The DOE Office of Science is
the nation's primary supporter of the physical sciences, providing an
important partner and key user facilities in the areas of biological
sciences, physics, chemistry, basic energy sciences, environmental
science, mathematics, computing, and engineering. This federal R&D
funding goes to scientists and students not just at our national labs,
but at our colleges and universities as well.
I've been coordinating a letter of support to appropriators in
support of the DOE Office of Science. Many of you on this committee
have signed, and those of you who haven't, you still have time. Our
hope is to increase funding for the DOE Office of Science in fiscal
year 2002 closer to levels authorized in this legislation, which help
us make the case.
In closing, I want to again thank the chairman for providing me the
opportunity to shape the nation's long-term energy policy.
Thank you, Mr. Chairman. I yield back my time.
______
Opening Statement of Hon. J. Randy Forbes
Mr. Chairman, I would like to express my support for both bills
before out Committee today--the Comprehensive Energy Research and
Technology Act and the Voting Technology Standards Act.
Given the events of last November in certain areas of Florida,
there's hardly a state in the nation that is not looking for ways to
ensure that their voting technologies are up-to-date and their voters
know how to use them. The Voting Technology Standards Act would give
the states some independent and expert guidance during this exercise.
That guidance will come from a commission that draws on the experiences
of state and local election officials as well as the expertise of those
involved with the emerging voting technologies. Most important,
perhaps, is that the decision on what to do with this advice and
guidance is left to the states, so that they may fit the standards to
the needs of their voters.
The same commission would also develop technical testing
specifications for labs to use in certifying that voting systems meet
the standards. A recent study by a team of scientists from the
Massachusetts Institute of Technology (MIT) and the California
Institute of Technology (Caltech) determined that there are a variety
of technical problems that continue to plague many of our voting
systems. And, as more and more states rely upon computer-based systems
or other advanced systems for voting, it becomes increasingly important
that we stay out in front of the technologies to ensure that we can
meet problems head-on before, or at least as, they occur.
I also want to express my support for the Comprehensive Energy
Research and Technology Act. Though energy literally makes the engines
of our economy run and literally ensures our national security, we have
been for far too long without a comprehensive and long-term national
energy policy. Earlier this year, the Vice President and a panel from
the President's Cabinet released a thorough package of recommendations
to establish a national energy policy.
The plan's list of 105 recommendations includes a sensible balance
of proposals to improve conservation, to increase our domestic supply
of energy, and to strengthen our international energy sources. It is a
fair and responsible proposal, and I am pleased that this Committee
could be a part of it by passing the Comprehensive Energy Research and
Technology Act.
This bill includes provisions to improve our research efforts on a
variety of fronts, including renewables, clean coal, biomass, and
nuclear power. It also helps localities to purchase alternative fuel
vehicles and encourages conservation programs. It is a sound bill that
leaves no stone unturned in our national search for a comprehensive
energy policy.
______
Opening Statement of Hon. Lynn Woolsey
Mr. Chairman, today we have an opportunity to address the future
energy needs of our country, and determine the direction of DOE's
research, development and demonstration programs must take. Those
around this dais have varying visions of what they want our energy
future to look like.
As a Californian, and a Member from one of the most environmentally
conscious districts in the country, my time in Congress has focused on
an energy future that relies increasingly on energy sources that are
renewable and minimize impacts on our environment.
That's why I introduced H.R. 2324, the Renewable Energy and Energy
Efficiency Act. H.R. 2324 lays out the goal that DOE R&D programs
enable 20 percent of the energy in the U.S. to be generated from non-
hydro renewable energy sources by 2020.
My concern with President Bush's budget, and the base bill we're
marking up today, is that they did not adequately fund renewable
programs as aggressively as we need to in order to meet this 20/20
goal. Also, I've expressed concern about the funding balance between
renewable sources because it's important that we make new investments
in all renewables. And, because you and I--as well as Subcommittee
Chairman Bartlett--have long agreed on the crucial role of renewables
in our energy future, I'm very pleased that our discussions were able
to result on the higher funding levels that are a part of this
Manager's amendment.
Also, Mr. Chairman, your interest and support--again, as well as
Chairman Bartlett's--is much appreciated toward making the funding
priorities for energy efficiency and conservation measures a reality.
One area I wish we had been able to reach agreement on is the area of
aeronautic R&D on energy efficiency. However, my amendment will lay out
my concerns about this. But please know I am excited that the Manager's
amendment does include the initiative for the next generation of
advanced lighting technologies. This represents a great opportunity to
lower our energy consumption.
However, Mr. Chairman, I must state for the record that I have an
overarching concern about the increased level of funding in today's
bill for nuclear R&D. I'm concerned about this Committee making an
industry many believe we should move away from a priority. While the
industry claims that nuclear power is safe, the fact remains that
people are skeptical--especially if it's in their backyard, or
transported through their community. Despite massive financial and
scientific investments--not to mention a new PR campaign--the facts
about nuclear power are unchanged. It's dangerous, expensive and has
not delivered on decades-old promises of energy security and
independence.
The time has come to move away from nuclear power for many reasons:
the danger of radioactive contamination; the unsolved problem of
nuclear waste; the threat of an accident; the threat of air and water
pollution; resource depletion; and nuclear proliferation. The two
amendments I have at the desk further address my concerns about the
pyroprocessing provision and the funding for Generation Four nuclear
technologies in the bill.
Mr. Chairman, despite my disagreement on this bill's funding levels
for nuclear energy, overall I commend you for working with our
Democratic Members on the Committee to find common ground on the
breadth and depth of our interests. That's why I support this Manager's
Amendment and favorably reporting this bill out of Committee. I urge my
colleagues to as well.
With that, thank you. I yield back the balance of my time.
______
Opening Statement of Hon. Zoe Lofgren
Chairman Boehlert and Ranking Member Hall, I commend you for your
bipartisan teamwork that has brought our committee to today's markup of
the Comprehensive Energy Research and Technology Act (H.R. 2460).
This legislation addresses the nation's short-term and long-term
energy research and development needs.
H.R. 2460 reflects our view that there is no single solution to
providing safe, affordable energy that is benign to the environment.
This bill seeks to advance conservation and renewable energy as well as
to make fossil fuels more efficient.
With the energy challenges in California and the West, it is my
hope that this legislation will lead to some future relief for my
constituents who currently worry about rolling blackouts and have
little confidence in the reliability of the electric grid.
I am particularly grateful to Chairman Boehlert and Representative
Hall for their support and inclusion of the Fusion Energy Sciences Act
(H.R. 1781) into the legislation that we are making up.
Rep. George Nethercutt and I introduced this bipartisan bill in
May. Forty-seven House Members, including 15 Science Committee Members
have cosponsored our bill.
This legislation will provide the Department of Energy's Fusion
Energy Sciences program with the resources it needs to continue the
advancement of fusion from the laboratory to the electric powerhouse.
This process will take several decades, but our bill expedites
fusion research and development and is goal-oriented by requiring the
Energy Secretary to draft a plan for a ``burning plasma experiment.''
The Secretary's Energy Advisory Board (SEAB), Fusion Energy
Sciences Advisory Committee (FESAC) and National Research Council have
been active in making recommendations to promote fusion research. Our
legislation adopts several of these recommendations--including making a
greater federal investment in fusion and broadening fusion's scientific
base.
In another matter, I have reviewed the Managers' amendment as it
applies to offshore drilling.
It is my understanding that the language applies to offshore
drilling technology only and does not open up any new drilling sites
off the U.S. Coast.
While that may be the author's intent, I will offer an amendment to
clarify the language so there will be no mistake that it applies to
drilling technology only and does not open new offshore drilling sites
beyond what is now permitted.
It is my hope that all Members will support my clarifying
amendment. I look forward to this markup and to a favorable outcome
that provides adequate support and direction for energy research and
development.
______
Opening Statement of Hon. Bob Etheridge
Mr. Chairman, I have an amendment to offer.
I want to offer this amendment to raise an issue of great concern
to the people of my district, indeed to all the people of North
Carolina--oil and gas exploration off the coast of my state.
When the Cheney Task Force issued its report, Chapter Five included
a recommendation that the Bush Administration re-examine the ``current
federal legal policy regime'' to determine if changes are needed
regarding energy-related activities and the siting of energy facilities
in the coastal zone and on the Outer Continental Shelf (OCS).''
To the people of North Carolina, this sounded like a proposal to
consider drilling off the coast of North Carolina.
Last month in this very room, I asked Energy Secretary Spencer
Abraham to clear up any confusion regarding the Administration's
intentions for oil and gas exploration off North Carolina's coast.
I was pleased by his statement that the Administration would not
risk fouling the pristine beaches of the Outer Banks by lifting the
moratorium on oil and gas drilling in the Atlantic.
Today we have a bill to promote energy research, a laudable goal.
The bill includes a section dealing with research in oil and natural
gas exploration and production, again a laudable goal.
However, my amendment would prohibit any funds under this bill from
being used toward the goal of drilling for oil or gas off the coast of
North Carolina.
The people of North Carolina do not want drilling. We want to avoid
that at all costs. We don't want to wake up to oil lapping up on the
beaches in the shadow of the Cape Hatteras Lighthouse.
This amendment seeks to prevent that disaster.
I understand the Chairman and Ranking Member would prefer to
address this issue on a more appropriate legislative vehicle, and I
respect that.
For that reason, Mr. Chairman, I will agree to your request and ask
unanimous consent to withdraw my amendment.
I thank the Chairman for his indulgence and yield back the balance
of my time.
_____
Opening Statement of Hon. Mark Udall
Mr. Chairman, I rise in support of the manager's amendment and this
legislation.
After all the sharp rhetoric we've been hearing on the topic of
energy in recent months, I am glad that we have this opportunity today
to rise above recrimination and get to the heart of the problem.
We all know part of the problem involves an over-dependence on a
single energy source--fossil fuels--to the detriment of our
environment, our national security, and our economy. If there is a
silver lining to the ``crisis'' we're experiencing, it is that we are
being forced to think about balancing our energy portfolio and
increasing the contributions of alternative energy sources.
As the chairman knows, clean energy is something that is important
to me, and it is the reason I took on the responsibilities of lead co-
chair of the House Renewable Energy and Energy Efficiency Caucus in
this Congress.
So I am very pleased with the generous authorization levels
included in the manager's amendment for renewable energy and energy
efficiency R&D. I hope we will all work hard to retain these funding
levels as the bill makes its way through the House.
Mr. Chairman, I want to commend you for the way you and your staff
worked with me and other Democratic Members to shape the bill and this
manager's amendment. Like you, I believe that working in a bipartisan
manner is critical to the development of good public policy.
It was in this bipartisan spirit, Mr. Chairman, that you and I
drafted H.R. 2518, the Clean Green School Bus Act. I am very glad that
it is included as part of this manager's amendment.
There are nearly half a million school buses in this country. Most
of them are aging diesel vehicles. And studies show that children
riding inside those buses risk inhaling too much toxic diesel exhaust.
The health of our children should be our overriding concern. But
our school districts have a problem because money needed for new and
cleaner buses is also needed for school programs. Schools shouldn't be
forced to choose between a quality education and the health of our
children.
That's why I support authorizing a federal investment in these
alternative fuel buses. This provision of the manager's amendment
authorizes grants to help school districts replace aging diesel
vehicles with clean, alternative fuel buses. This program will not only
benefit school districts, but even more importantly, it will benefit
the health of our children and the environment.
I am also pleased that the manager's amendment includes my bill,
the Distributed Power Hybrid Energy Act and adds to it good provisions
developed by Chairman Boehlert, Mr. Nethercutt, and Mr. Wu.
My bill would direct the Secretary of Energy to develop and
implement a strategy for research, development, demonstration, and
commercial application of distributed power hybrid energy systems.
Distributed power can avoid the need for and cost of additional
transmission lines and pipelines, reduce associated delivery losses,
and increase energy efficiency. In addition, distributed power can
provide insurance against energy disruptions and expand the available
energy service choices for consumers.
``Hybrid'' distributed power systems--systems that combine two or
more renewable source or a renewable and a fossil source--enable us to
offset the weaknesses of our technology with the strengths of another.
For example, in a hybrid system, the intermittence of wind power can be
offset by the reliability and affordability of power generated by a
microturbine. The additional benefit of such a combination is cleaner
generating capacity. So two or more systems working together can
provide synergistic benefits that one system alone cannot.
Distributed generation represents the most significant
technological change in the electric industry in decades. Knowing this,
it makes sense to focus our R&D priorities on distributed power hybrid
systems that can both help improve power reliability and affordability
and bring more efficiency and cleaner energy resources into the mix.
So again, I thank the Chairman, the Committee staff, and my
colleagues who contributed provisions to this amendment for working
with me to include this important distributed energy subtitle.
I'll conclude by noting that this bill isn't perfect. No bill can
be perfect for everyone. I have strong reservations about some
provisions in the bill, such as those related to new nuclear research
and clean coal. But on balance, I believe this bill is a good product
that deserves the support of the Committee.
Thank you, Mr. Chairman.
______
Opening Statement of Hon. David Wu
Mr. Chairman, I would like to commend both you and Ms. Woolsey on
working together to bring this bipartisan bill this far. Both you and
Chairman Boehlert have been incredibly accommodating during the process
and helpful in accepting many of our ideas. This committee can address
a technical, but very important energy problem. While this committee
has worked on important issues such as renewable energy research and
how best to promote energy efficiency, this issue is a technical but
important one.
When a power generator or a power marketer wants to place power on
or take power off of any of the national energy systems, it can be
difficult because there is no national standard on the equipment used
to connect to the grid. In essence, this is like the maker of every nut
and bolt in America choosing their own pitch angle--no two sets of nuts
and bolts would work with each other. Imagine the chaos, and costs. The
IEEE (Institute of Electrical and Electronics Engineers) has been
working for two years on creating a national standard. While its close,
the time is now for the National Institute for Standards and Technology
to act.
My amendment, which has been accepted by the Chairman, instructs
NIST to consult with the IEEE to create a national equipment standard
in the next two years. By standardizing the equipment used, we can
increase efficiency, thus lowering the cost of energy generation and
transmission and give another incentive for independent energy
generators. The lack of an equipment standard is just one piece of the
problem.
I would also like to urge my colleagues on the Energy and Commerce
Committee, who have jurisdiction over the Federal Energy Regulatory
Commission to encourage FERC to establish a national contractual
standard on how to connect to the grid. Once both of these pieces are
dealt with, our national systems will be more efficient and more
productive.
Again, thank you, Mr. Chairman, for including my amendment in the
manager's amendment and I yield back the balance of my time.
______
Opening Statement of Hon. Jim Matheson
Mr. Chairman, I want to commend this committee for the excellent
bipartisan bill that we are considering today. This is an example of
the sort of balanced, bipartisan approach we must take on all aspects
of energy policy, and I am glad to have been a part of this process.
The legislation we are considering today fills a critical role in
national energy policy. No approach to energy policy would be forward-
thinking if it failed to focus on energy research and development. No
energy policy can meet the long-term demands that will be faced across
the nation without making investments today in research. Perhaps even
more notably, we cannot meet those long-term demands with a narrowly
focused or skewed approach.
This bill continues research in fossil fuels--it encourages the
development of cleaner, safer, and more efficient technologies. It
focuses on renewable energy sources, with new, rigorous goals and
increased funding. It also furthers research into potential fuel
sources and methods for energy distribution that may hold promise in
the future. It provides for demonstration projects and greater
commercial application of energy efficiency technologies. And, it
includes research into the development of distributed energy
generation.
I am particularly pleased that this amendment includes my provision
to enhance research and development in transmission technologies and
efficiency. No matter what energy source we depend upon in the future,
our ability to transmit the energy produced to consumers in an
efficient and responsible manner will be critical. Increased efficiency
can decrease the line loss associated with our current transmission
system. Improvements in transmission technology, transmission
efficiency, and transmission infrastructures will be essential to a
comprehensive national energy policy.
Again, I want to applaud the efforts of this committee to craft
energy legislation focused on the essential role of research and
development and balanced between multiple sources and technologies.
Chairman Boehlert. The bill is now open for discussion.
I ask unanimous consent that the bill be considered as read
and open to amendment at any point. I ask the members to
proceed with the amendments in the order of the roster.
The bill is now open for amendments.
The first amendment on the roster is an amendment offered
by Mr. Hall. I ask unanimous consent that the amendment be
considered en bloc.
The Clerk will report the amendment.
The Clerk. The en bloc amendment to H.R. 2460, offered by
Mr. Boehlert and Mr. Hall of Texas.
[En Bloc Amendment to H.R. 2460 follows:]
Chairman Boehert. I ask unanimous consent to dispense with
the readings. Without objection, so ordered.
I will now ask Dr. Watson, staff director of the Energy
Subcommittee, to explain the amendment. Dr. Watson, the
microphone is yours.
Dr. Watson. Thank you, Mr. Chairman. The first 14 pages,
roughly, of the en block amendment is to replace the goal
section that the bill was introduced. The idea here is to set
more explicit goals for each of the programs, so that the
taxpayers will be sure of getting their money's worth out of
the programs.
The second, new section 7, replaces the old section 7,
which address the balance of funding priorities, and is
basically a sense of Congress that the ratios among the various
R&D programs that are established in this bill should be
maintained, and in the out years, we ask the Secretary of
Energy and the Administrator of EPA to send us a report and
tell us what the result was if the programs got out of balance.
The third, the next page, there are some, two amendments,
to the alternative fuel vehicle bill, which is Subtitle A, and
Title I. It has expanded the definition of alternative fuel
vehicles to accommodate ethanol, propane, and there is also a
provision in here which allows ultra-low sulfur diesel vehicles
to become part of the program.
There is a, with regard to the ultra-low sulfur diesel fuel
vehicles, there is a minimum of 20%, and grant funding and no
more than 25% goes to the diesel vehicles.
Subtitle D is, or the next section, on page 18, is a
replacement for the current distributed power hybrid energy
systems, distributed energy resources provisions as the bill
was introduced. It basically expands and elaborates on what we
said, what was in the bill as it was introduced.
There is a new Subtitle C, beginning on page 25, through
page 32 of the en bloc amendment. It basically provides our
research and development demonstration. It establishes a
research and development demonstration program through the
secondary use of batteries that are used as transportation for
primarily electric cars and buses.
We will go now to page 33, we inserted the new Subtitle E,
the National Building Performance Initiative. It requires the
director of the Office of Science and Technology Policy, to
establish an interagency group to address energy conservation
R&D and related issues, with regard to buildings.
Subtitle F is a new title, Green School Buses, which
essentially establishes a five year, 300 million dollar total
grant program for school buses, for alternative fuel school
buses and ultra-low sulfur diesel school buses, to replace the
current fleet of school buses throughout the Nation's schools.
Beginning on page 42 of the en bloc, we have a new subtitle
G, the Next Generation Lighting Initiative, which is to
establish a research and development program, primarily on
innovative lighting technologies, and particularly it addressed
some of the new developments in solid state lighting, such as
light emitting diodes.
We have, on page 46, there are a few amendments to the
bioenergy provision of the bill. We have further elaborated the
definitions of bioenergy, biofuel, biopower, et cetera. We have
also included, as a--specifically that the program should
consult with the National Science Foundation, with regard to
Plant Genome Program.
We have introduced, beginning on page 47, a new subtitle C,
Transmission Infrastructure Systems, which basically authorizes
some, and better defines some ongoing programs in the
Department of Energy with regard to superconductivity,
transmission lines, generators, grid reliability, et cetera.
We have also, page 49, we have increased the authorizations
for fiscal years 2002 through 2004. The original bill had $475
million, in 2002. This has been increased to $535 million.
There was a $585 million for 2003, that has been increased
to $639 million, and we have gone in 2004 from $620 million to
$683 million. We have also included, within the renewables, a
section to carry out a research program on wave power electric
generation. We have also established a new program----
Chairman Boehlert. Well, this is an important subject
matter, I just wanted to make sure everyone feels comfortable
in this. A lot of work has gone into it.
Would you move to waive the balance of the reading?
Mr. Hall. Mr. Chairman, I would move that we waive the
balance of the reading.
Chairman Boehlert. Any objection?
Dr. Watson. Oh, thank you.
Chairman Boehlert. The Chair recognizes Mr. Costello for
five minutes.
Mr. Costello. Mr. Chairman, I would like to discuss the
clean coal portion of the manager's amendment and to thank
Chairman Boehlert for developing this language with me. I am a
strong supporter of the President's decision to fund a 10-year
clean coal commercial demonstration program and have introduced
legislation to implement that decision. Before my negotiations
with the Chairman, I had planned to introduce that legislation
as an amendment to this bill. However, I feel we have reached a
reasonable compromise in the manager's amendment and no longer
plan to offer my amendment today.
In 1998, the Coal Utilization Research Council, CURC,
developed a technology roadmap that established cost,
efficiency, and environmental performance targets for coal
generation through the year 2020.
That roadmap is currently the definitive statement on what
we can expect from coal through an aggressive program of
research, development, and commercial demonstration. Our
compromise language brings the legislation before us into
conformity with industry expectations and capabilities and
recognizes the changes in coal technology expected over the
next two decades.
As in the CURC report, our bill now allocates 80 percent of
funding under the clean coal program to advanced coal
gasification and carbon sequestration technologies. The
legislation expects that as the years pass, newly funded
projects in this category will meet more stringent standards on
a trajectory to achieve the CURC report's goals for 2020 on a
timely basis. The remainder of the funds will be used for
conventional clean coal projects, on a similar trajectory
designed to reach the CURC report's 2010 goals on time.
Since this is a commercial demonstration rather than a
research program, I feel that it is most appropriate for us to
be using the industry's best estimates of its future
capabilities, and I applaud the Chairman for his concurrence in
this decision, and others on the committee who have worked with
us in reaching this agreement.
So, Mr. Chairman, I want to thank you and your staff for
your cooperation and your understanding. Your staff and our
staff, I know in the last couple of evenings, worked until the
wee hours of the morning, trying to reach this agreement, and I
want to thank the staff and personally thank the Chairman, and
I want to say that this is a good bill, and I intend to support
it.
[Statement of Jerry Costello follows:]
Prepared Statement of Hon. Jerry Costello
Mr. Chairman, I would like to discuss the clean coal portion of the
manager's amendment and to thank Chairman Boehlert for developing this
language with me. I am a strong supporter of the President's decision
to fund a 10 year clean coal commercial demonstration program and have
introduced legislation to implement that decision. Before my
negotiations with the Chairman, I had planned to introduce that
legislation as an amendment to this bill. However, I feel we have
reached a reasonable compromise in the manager's amendment and no
longer plan to offer my amendment today.
In 1998, the Coal Utilization Research Council (CURC) developed a
technology roadmap that established cost, efficiency, and environmental
performance targets for coal generation through the year 2020. That
roadmap is currently the definitive statement on what we can expect
from coal through an aggressive program of research, development, and
commercial demonstration. Our compromise language brings the
legislation before us into conformit and industry expectations and
capabilities and recognizes the changes in coal technology expected
over the next two decades. As in the CURC report, our bill now
allocates 80 percent of funding under the clean coal program to
advanced coal gasification and carbon sequestration technologies. The
legislation expects that as the years pass, newly funded projects in
this category will meet more stringent standards on a trajectory to
achieve of the funds will be used for conventional clean coal projects,
on a similar trajectory designed to reach the CURC report's 2010 goals
on time. Since this is a commercial demonstration rather than a
research program, I feel that it is most appropriate for us to be using
the industry's best estimate of its future capabilities, and I applaud
the Chairman for his concurrence in this decision.
Chairman. Boehlert. Thank you very much. Anyone else care
to be recognized?
Ms. Woolsey. I don't want to be left out.
Chairman Boehlert. Miss Woolsey.
Ms. Woolsey. Well, Mr. Chairman, before we vote on the en
bloc, I want to make sure that my amendment will be discussed,
and I won't know if it is before the en bloc or afterwards.
Chairman Boehlert. After.
Ms. Woolsey. That is, okay. All right, thank you.
Chairman Boehlert. Anyone else in rebuttal?
Mr. Lampson.
Mr. Lampson. Thank you, Mr. Chairman. I move to strike the
last word, Mr. Chairman.
Chairman Boehlert. No objection, so ordered, you are
recognized for five minutes.
Mr. Lampson. Thank you, Mr. Chairman. I was prepared to
offer a responsible energy research and development
demonstration program authorization and amendment today, to
raise authorization levels; but instead, I am pleased that we
were able to work together, and that you, Mr. Chairman, saw the
wisdom of putting these programs on a healthy authorization
path.
And I wanted to take a moment to thank you for accepting my
language. We now have authorization numbers for research and
development programs restored to adequate levels, and
authorizations in out years will now provide additional light.
Funding levels will put oil and gas research programs on a path
that will enable them to be increasingly productive in the
years ahead.
It is a part that the United States have a balanced energy
research and development and demonstration program to enhance
fossil energy. The research should aim for an increased
efficiency, and provide cycles, using high temperature fuel
cells, advanced gasification technologies and coal, and biomass
to produce power and clean fuels.
For offshore oil and natural gas resources we should
investigate and develop technologies to extract methane
hydrates in our Nation's coastal waters, and develop natural
gas and oil reserves in the ultra-deep water of the central and
western Gulf of Mexico.
Research and development on ultra-deep water resource
recovery should focus on improving the safety and efficiency of
recovery and of sub-sea production technology used for
recovery, while lowering costs.
Once again, Mr. Chairman, I thank you for working with you,
and I look forward to working with you for development of it
still.
Prepared Statement of Hon. Nick Lampson
Thank you, Mr. Chairman. I was prepared to offer a fossil energy
resource, development, and demonstration program authorization
amendment today to raise authorization levels, but instead am pleased
that we were able to work together and that you, Mr. Chairman, saw the
wisdom in putting these programs on a healthy authorization path. I
wanted to take a moment to thank you for accepting my language.
We now have authorization numbers for research and development
programs restored to adequate levels and authorizations in outyears
will now provide additional money. Funding levels will put oil and gas
research programs on a path that will enable them to be increasingly
productive in years ahead.
It is important that the United States have a balanced energy
research, development, and demonstration program to enhance fossil
energy. Research should aim toward increased efficiency of combined
cycles using high temperature fuel cells, advanced gasification
technologies for coal, and biomass to produce power and clean fuels.
For offshore oil and natural gas resources, we should investigate and
develop technologies to extract methane hydrates in our nation's
coastal waters; and 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 should focus on
improving the safety and efficiency of recovery and of sub-sea
production technology used for recovery, while lowering costs.
Once again, thank you Mr. Chairman. I look forward to working with
you through the development of this bill.
Chairman Boehlert. Thank you very much. The Chair
recognizes Miss Hart.
Ms. Hart. Thank you very much. I have questions, but before
I ask the questions, let me just say that I think that there is
much of value in what we put together, and I support most of
it, maybe all of it, but my two questions relate to off-shore
oil drilling.
On page 10 of this en bloc amendment, there is a provision
relative to drilling in the coastal waters of the United
States, as well as, specifically, central western Gulf of
Mexico, and on page 7, subtitle C, it relates to ultra-deep
water. My inquiry relates to whether, by removing these
provisions, we would be expanding or advancing beyond where we
are today, the state of ultra oil drilling. And we had an
answer, but----
Chairman Boehlert. You came to the right place, Dr. Watson,
could you answer that?.
Dr. Watson. Yes it is our understanding, it was not to
expand, but rather to improve the technology. But it has
nothing to do with expanding the area.
Chairman Boehlert. Miss Hart? It is still not working yet,
so----
Ms. Hart. I'll shout.
Thank you, Mr. Chairman. I want to congratulate you. As to
the amendment, I was sort of part of it. I know a lot of
members had a lot to add. I think it improved on what our goals
are. It included a lot of what we said on Monday. We focused
on, not only important things in my area, but important things
in all.
Chairman Boehlert. Thank you very much. The Chair
recognizes Miss Jackson Lee.
[Statement of Ms. Jackson Lee follows:]
Prepared Statement of Hon. Sheila Jackson-Lee
Chairman Boehlert and Ranking Member Hall, I would like to thank
you for this opportunity for the House Science Committee to contribute
in a substantive way to our country's National Energy Plan.
I have prepared for consideration an amendment for inclusion into
H.R. 2460, the Comprehensive Energy Research and Technology Act of
2001. My amendment would create a new subtitle, and make necessary
changes to subsequent subtitles in order to create a Secondary Electric
Vehicle Battery Use Program in the Department of Energy.
This new program is designed to demonstrate the use of batteries
previously only used in transportation applications in secondary
applications, including utility and commercial power storage and power
quality. The program would also evaluate the performance of these
batteries, including their longevity of useful service life and costs,
as well as the required supporting infrastructure to support their
widespread use.
I found that at the ``end-of-useful-life'' of a battery system that
is used in an electric vehicle (EV), that battery system still retains
80% of its initial capacity. However, the battery system is no longer
useful in the EV because it has lost power capabilities that are
required to run the vehicle effectively. In many electric utility
applications, only the capacity from a battery, not capability, is
required. This situation presents an opportunity for furthering the use
of electric vehicles while finding a secondary market for the batteries
used for transportation purposes.
The high vehicle prices for the initial series of electric
vehicles, along with a lack of consumer familiarity and limited driving
range, have greatly restricted consumer acceptance and prevent
successful market penetration. In turn, manufacturers refuse to produce
greater numbers of EVs, having reached conclusions that the costs are
too high and the market too limited. The cycle of high costs and
limited sales is broken only if costs are reduced and/or volume is
increased dramatically. While it is estimated that prices for batteries
begin to fall when the volume reaches 10,000 packs per year, auto
manufacturers believe that volume alone cannot address the prohibitive
costs of advanced technology batteries necessary to create consumer
demand for EVs because the materials needed for such batteries (e.g.,
nickel) are expensive. Currently, there are a total of approximately
4,000 EVs on U.S. roads.
To assure volume sales of EVs, a dramatic reduction in the cost of
batteries is required. An innovative approach to addressing this issue
may be to ``extend'' the life--or value--of the batteries beyond
vehicular use. Once the batteries have been ``used'' in a vehicle,
there is an opportunity to refurbish, then ``re-use'' the batteries in
a stationary application. For example, electric utilities could ``re-
use'' EV battery packs in peak shaving, transmission deferral, back-up
power and transmission quality improvement applications. If
successfully demonstrated for secondary, stationary-use applications,
the effective price of battery systems are projected to make EVs more
competitive.
Preliminary studies have shown that if a secondary market is
created that pays $100 to $200/kWh for EV batteries, the costs of such
batteries for use in the first application, which was a vehicle, could
be reduced to $100 to $150/kWh. This change in cost would bring the
price point to where auto manufacturers believe is necessary to assure
an affordable EV. The combination of values for the vehicular and
stationary source uses likely would cover the cost of the battery pack,
even at low volume production (estimated at $400kWh).
I thank the Chair and Ranking member for their consideration of
this amendment and look forward to working with the committee as we
work to bring this legislation before the full House for consideration.
Thank you.
Ms. Jackson Lee. Thank you very much, Mr. Chairman. I was
intending to offer an amendment dealing with the secondary
electric vehicle battery unit. I believe as the Science
Committee, we have the opportunity to look at all aspects of
enhancing the Nation's energy policies. One of the issues that
I raise and I, again, am not being redundant, want to add to my
appreciation for the bipartisan efforts that we have tried to
raise in this Committee that I think is in Board of Consensus
on the National Energy Policy. Although minute, let me suggest
to you that this particular provision that is now included in
the odd block, deals with a secondary electric battery--vehicle
battery program in the Department of Energy. This new program
is designed to demonstrate the use of batteries previously only
used in transportation applications and secondary applications
including utilities and commercial power storage and power
quality. The program would also evaluate the performance of
these batteries, including their longevity of useful life and
costs, as well as the required supporting infrastructure to
support their widespread use.
And I have found that at the end of useful life of a
battery system that is used in an electric vehicle that the
battery system still retained 80 percent of it's initial
capacity. However, the battery system is no longer useful in
the EV because it has lost power capabilities that are required
to run the vehicle effectively. In many electric utility
applications, only the capacity of the battery, not capability
is required. This situation presents an opportunity for
furthering the use of electric vehicles while finding a
secondary market for the batteries used for transportation
purposes.
Now, I am not going to vision today because I have not done
the research, Mr. Chairman. But as you well know, I live in a
community that suffered 36 inches of rain in the last 2 months.
In that, we saw many of our medical facilities shut down. I
believe there is need to look for every opportunity to have
alternative resources of energy before these kinds of crisis.
Let me conclude by simply saying that--it was an important
edition to the en bloc. And I also want to support the idea of
opportunities for research in the fossil fuel area, which is
included in the en bloc amendment. But I think that, again, the
focus of the consensus is an energy plan. I yield back the
balance of my time.
Chairman Boehlert. Thank you very much. The Chair is
pleased to announce that the wonders of modern science never
cease. The microphones are now back on. Just in time for Mr.
Etheridge's outstanding comments.
Mr. Etheridge. Thank you, Mr. Chairman. I am grateful for
the mikes and the comment. As you know, I had planned to offer
an amendment, also, and I want to comment on it just briefly
and then I think we can clear that up. It really deals with the
amendment that Ms. Lofgren talked about a minute ago, a section
in the bill. It deals with one of some concern to our folks
because they were concerned about only glass-gas exploration
off the coast of North Carolina. If you remember, we talked
about when the Cheney task force issued a report just recently,
in Chapter 5 of that report, it talked about the administration
re-examining ``current federal legal policy regime to determine
if changes are needed regarding energy related activities and
deciding of energy facilities in the coastal zones and on the
outer continental shelf.'' And to the people of North Carolina,
that sounded like a proposal to start drilling off the coast of
Eastern North Carolina. That has been a very contentious thing
for a long time. In this very room last month, Energy
Secretary, Spencer Abraham, at a question I raised, helped
clear up any confusion, I think, regarding the administration's
contention or intention on oil and gas exploration in North
Carolina. I am very pleased with his comment that the
administration did not plan to lift the moratorium to drill in
the pristine waters off North Carolina's Outer Banks. Today in
this bill, as we just talked, and I want to make sure that I
understand it because I think the Energy Research is a very
laudable goal, which I support. And it includes a section
dealing with research in oil and natural gas exploration and
production. Again, a goal which I think is a very laudable
goal. However, the amendment that I had proposed to offer would
make sure it did not happen off the pristine coast of North
Carolina and the Continental Shelf. And I hope, understand, Mr.
Chairman, that that--from the comment I just heard, that is not
the case.
Chairman Boehlert. That is exactly right.
Mr. Etheridge. Thank you, Mr. Chairman.
Chairman Boehlert. My understanding is the same as yours,
as a result of Secretary Abraham's testimony before this
Committee and subsequent statements by Secretary Norton. Who
else seeks recognition? Mr. Udall?
Mr. Udall. Thank you, Mr. Chairman. I would ask unanimous
consent to include my entire statement in the record and I
will----
Chairman Boehlert. Without objection, so ordered.
Mr. Udall [continuing]. Shorten my statement.
[Statement of Mark Udall follows:]
Prepared Statement of Hon. Mark Udall
Mr. Chairman, I rise in support of the manager's amendment and this
legislation.
After all the sharp rhetoric we've been hearing on the topic of
energy in recent months, I am glad that we have this opportunity today
to rise above recrimination and get to the heart of the problem.
As we all know, part of the problem involves an over-dependence on
a single energy source--fossil fuels--to the detriment of our
environment, our national security, and our economy. If there is a
silver lining to the ``crisis'' we're experiencing, it is that we are
being forced to think about balancing our energy portfolio and
increasing the contributions of alternative energy sources.
As the chairman knows, clean energy is something that is important
to me, and it is the reason I took on the responsibilities of lead co-
chair of the House Renewable Energy and Energy Efficiency Caucus in
this Congress.
So I am very pleased with the generous authorization levels
included in the manager's amendment for renewable energy and energy
efficiency R&D. I hope we will all work hard to retain these funding
levels as the bill makes its way through the House.
Mr. Chairman, I want to commend you for the way you and your staff
worked with me and other Democratic Members to shape the bill and this
manager's amendment. Like you, I believe that working in a bipartisan
manner is critical to the development of good public policy.
It was in this bipartisan spirit, Mr. Chairman, that you and I
drafted H.R. 2518, the Clean Green School Bus Act, I am very glad that
it is included as part of this manager's amendment.
There are nearly half a million school buses in this country. Most
of them are aging diesel vehicles. And studies show that children
riding inside those buses risk inhaling too much toxic diesel exhaust.
The health of our children should be our overriding concern. But
our school districts have a problem because money needed for new and
cleaner buses is also needed for school programs. Schools shouldn't be
forced to choose between a quality education and the health of our
children.
That's why I support authorizing a federal investment in these
alternative fuel buses. This provision of the manager's amendment
authorizes grants to help school districts replace aging diesel
vehicles with clean, alternative fuel buses. This program will not only
benefit school districts, but even more importantly, it will benefit
the health of our children and the environment.
I am also pleased that the manager's amendment includes my bill,
the Distributed Power Hybrid Energy Act, and adds to it good provisions
developed by Chairman Boehlert, Mr. Nethercutt, and Mr. Wu.
My bill would direct the Secretary of Energy to develop and
implement a strategy for research, development, demonstration, and
commercial application of distributed power hybrid energy systems.
Distributed power can avoid the need for and cost of additional
transmission lines and pipelines, reduce associated delivery losses,
and increase energy efficiency. In addition, distributed power can
provide insurance against energy disruptions and expand the available
energy service choices for consumers.
``Hybrid'' distributed power systems--systems that combine two or
more renewable sources or a renewable and a fossil source--enable us to
offset the weaknesses of one technology with the strengths of another.
For example, in a hybrid system, the intermittency of wind power can be
offset by the reliability and affordability of power generated by a
microturbine.
The additional benefit of such a combination is cleaner generating
capacity. So two or more systems working together can provide
synergistic benefits that one system alone cannot.
Distributed generation represents the most significant
technological change in the electric industry in decades. Knowing this,
it makes sense to focus our R&D priorities on distributed power hybrid
systems that can both help improve power reliability and affordability
and bring more efficiency and cleaner energy resources into the mix.
So again, I thank the Chairman, the Committee staff, and my
colleagues who contributed provisions to this amendment for working
with me to include this important distributed energy subtitle.
I'll conclude by noting that this bill isn't perfect. No bill can
be perfect for everyone. I have strong reservations about some
provisions in the bill, such as those related to new nuclear research
and clean coal. But on balance, I believe this bill is a good product
that deserves the support of the Committee.
Thank you, Mr. Chairman.
Mr. Udall. I wanted to also join my colleagues on both
sides of the aisle saying thanking you and congratulating you
in working together with all of us to craft, I think, a very
important and significant piece of legislation. In particular,
I wanted to acknowledge the so-called Clean Green School Bus
Act and--that you and I drafted and introduced just separately.
And I am glad it is included in this Manager's Amendment. And
when we talk about Clean Green, we are not talking about the
color of the school buses, but we are talking about the
performance characteristics we hope that future school buses
will have. And this is in large part, not only about the
environment, but it is about the health of our children, who we
have learned they are exposed to some pretty toxic fumes from
the school buses that are now on the roads. And this would make
significant investment in changing the characteristics of those
school buses.
Chairman Boehlert. It is an outstanding program. I was
pleased to work cooperatively with you on it.
Mr. Udall. And we both, I know, think this is something
that will be good for our children and good for the
environment. Secondly, I want to mention the Distributed Power
Hybrid Energy Act, which is a bill I introduced and it has
been, I think, improved by provisions that you have introduced
and Mr. Nethercutt and Mr. Wu. And it would direct the
Secretary of Energy to develop and implement a strategy for
research, development, demonstration and commercial application
of distributed power hybrid energy systems. Hybrid systems
combine 2 or more renewable sources or a fossil fuel source and
a renewable source and it lets us offset the weakness of one
technology with the strengths of another. So a good example is
if you have a wind power system and you have a micro turbine
that backs it up, you have a system that compliments itself
when one system is down or not able to be utilized.
So in the end, I want to thank you again for your good work
and I want to express my support for this important Manager's
Amendment. I yield back my time.
Chairman Boehlert. The Chair recognizes Mr. Baird.
Mr. Baird. Thank you, Mr. Chair. I think my question was
answered in the response to Mr. Etheridge. But I would share
his concern. The language of this seems somewhat vague and it
talks about developing resources, but I--if it is a research
enterprise, I am comfortable with it. But if it is to expand
development, I would have some concerns. Thank you very much.
Ms. Lofgren. Would the gentleman yield?
Chairman Boehlert. Ms. Lofgren?
Ms. Lofgren. I wonder--and I thank the gentleman for
yielding. Whether it might be possible--I mean, we know what we
mean in this room today because we are talking about it. But
whether we might by unanimous consent put together some saving
clause or clarification in the body of the bill so that when
the bill leaves this wonderful chambers, everyone will know
what we all agree on today and I would ask the Chairman at a
suitable time whether he might consider that.
Chairman Boehlert. We can deal with that, I think,
adequately in the report. Counsel on your side advises that. I
think we have a clear understanding. We will make it crystal
clear in black and white in the Committee Report. Mr. Matheson?
Mr. Matheson. Thank you, Mr. Chairman. I really want to
commend the Committee for this excellent bipartisan bill. And I
think this is an example of what we need to do in the House in
general in terms of tackling this energy issue, a balanced
bipartisan approach really is the best path, I think, to
finding some good solutions. And this legislation we are
looking at today really fills a critical role because no
approach to energy policy is going to be complete and have a
long-term component without an emphasis on good research and
development.
And I am particularly pleased this amendment that we are
looking at right now includes a provision that I had talked
about, the enhanced research and development in electric
transmission technologies and efficiency. No matter what energy
source we depend upon in our future, our ability to transmit
the electricity to consumers in an efficient, responsible
manner will be critical. And increased efficiency will decrease
line losses, it will improve our efficiency. I think it is
critical that we look at any potential improvements to our
transmission infrastructure. So this is one that may be a
little bit below the radar screen compared to some of the other
things we have been talking about. But I am pleased it is part
of this amendment and I just wanted to yield back the balance
of my time, but also thank the Chairman for this bill.
Chairman Boehlert. Mr. Weiner.
Mr. Weiner. Thank you, Mr. Chairman. And I, too, want to
join in commending you and the Minority Members and staff. But
if you were giving the--there appears to be no section by
section summary of what the en bloc is. And I know we had
stopped the reading of it. And frankly, the reading of it, I
wasn't understanding terribly well as it was going, anyway.
Would it be possible, given the fact that this was created in
the final form very recently, to get sometype of a summary of
what is in it for those of us who weren't working as actively on in the
Subcommittee? Because it seems--and people I respect a great deal on
this Committee are praising it, so by association, it is obviously an
excellent bill. But given the many instances in the en bloc amendment
that reference the base bill, would it be possible, perhaps, to get a
little bit of what is in here?
Chairman Boehlert. Yeah. And I think we can do that. Let me
ask counsel. Just a moment. Let me point out that it was active
participation, active participation on both sides. And on all
sides of the various subjects under discussion. So let me--
Staff Director, is it possible for you to collaborate with--
Mr. Weiner. Given how enthusiastic so many members are, I
don't want to burden them with having to sit through a tutorial
on this, but I mean, this document isn't terribly old, is my
understanding. Right? And----
Chairman Boehlert. About 20 minutes. How does that do?
Mr. Weiner. Yeah. So I am--that means I am about 25 minutes
behind everyone else. And, again, Mr. Chairman, I--as I said, I
have got complete confidence in you and the minority members
who worked on this. I wasn't as actively involved and I would--
great. Thank you.
Chairman Boehlert. Mr. Staff Director, with Mr. Palmer
looking over your shoulder, can you develop something in a
hurry? Is there anyone else that seeks recognition? Because we
would like to get on with the bill. If not, no further
discussion, then all those in favor of the Manager's Amendment
say aye. Aye. Those opposed, say no. The ayes have it. The
Amendment is agreed to. The next amendment on the roster is an
amendment by Ms. Woolsey. Amendment number 2.
Amendment to En Bloc Amendment to H.R. 2460 Offered by Ms. Woolsey of
California
On page xx in the item related to page 51, line 13, strike ``page
53, line 24, strike section 321, and redesignate the subsequent section
accordingly'' and insert ``page 54, line 23, strike section 321 and
322''.
Ms. Woolsey. Mr. Chairman, I have an amendment at the desk.
Shall I speak while it is being handed out? This is the Nuclear
Spent Fuel----
Chairman Boehlert. The Clerk will--let me just say the
Clerk will report the amendment. And the unanimous consent to
dispense with the reading. And without objection, so ordered.
The gentle lady from California is recognized for 5 minutes.
Ms. Woolsey. Mr. Chairman, this is a straight-forward
amendment that would strike Section 322 from the bill. Let me
begin by saying that my opposition to the Section 322 can't be
whittled down to a nuclear versus anti-nuclear stance. One can
support Title 3 and the ideals behind nuclear energy research
initiative, nuclear energy technologies and the university
nuclear science and engineering effort, but not support Section
322.
In essence, Section 322 has the potential for developing
dangerous and costly technologies with no apparent
justification or payoff. On an issue this complex and far
reaching, I can't agree with a proposal that allows development
of reprocessing technologies to move forward unchecked.
As proposed, this program would fund R and D on advanced
fuel cycle technologies with no conditions on whether that
technology is cheaper, safer or more proliferation resistant
than current reactors. As written, Section 322 does not limit
the activities of the program to paper studies and roadmaps.
That makes this a full-fledged R & D program dedicated to
recycling spent nuclear fuel.
What alarms me is that Section 322 opens the door for 2
reprocessing or recycling technologies, pyroprocessing and the
transmutation of waste. Unfortunately, these two promising
technologies still face the same problems as traditional
reprocessing.
First of all, these technologies are not cost effective.
Both are too costly now and indications are they will remain so
for the foreseeable future.
Secondly, while these reprocessing techniques may reduce
the volume of radioactivity of the waste material, theprocesses
are still very waste intensive. Processes which continue to call for
reprocess waste to be eliminated or otherwise dealt with by some method
of permanent disposal. This means that if we decide to reprocess high
volumes of spent fuel, we will need storage both before and after
reprocessing in different repositories.
The energy challenges we are facing should not mean that we
are open to supporting risky technologies. Instead, we need to
invest in smart proven, cost effective energy technologies like
renewables. Technologies that don't threaten our environment.
I am certainly one who hopes that one day, we will be able
to find a solution to the nuclear waste problem. However, I
believe that this section would lead us down the path where we
would have to deal with waste disposal and transportation
nightmares. This is what makes Americans skeptical of nuclear
energy. Just ask our friends in Nevada. And it does nothing to
prevent the risk of the ultimate cost of advancing nuclear
energy, namely a nuclear accident.
I urge my colleagues to support my amendment. And I thank
you and yield back the balance of my time.
Chairman Boehlert. The Chair recognizes Dr. Ehlers.
Mr. Ehlers. Thank you, Mr. Chairman. I am not a great fan
of nuclear power, but I think it does have it's place in the
future. I am also----I don't profess to be an expert on
reprocessing. But I am not willing to reject it out of hand. As
you well know, some other nations engage in nuclear
reprocessing and obviously, they wouldn't do it if it didn't
make sense. The reason we don't is that we had a previous
President who just issued a blanket requirement that we not
engage in any reprocessing.
There are some things where reprocessing might be
worthwhile. For example, reducing the intensity of the waste or
perhaps the volume of waste. Or separating the waste into
different half-life elements so that the 2 different wastes
could be treated in different fashions and thereby increase or
pardon me, decrease the cost.
So I am not willing to simply say we shouldn't do any
reprocessing at all. I think we have something to learn by
looking at it. And looking at the chemistry of it and see
whether or not we can't develop some reprocessing that is
useful in this country for various purposes. I yield back.
Ms. Woolsey. Would the gentleman yield? Oh. I am sorry. I
had my microphone.
Mr. Hoeffel. Thank you, Mr. Chairman. I would like to
support the Woolsey amendment. I share the gentle lady's
concern that this language would reverse a 24 year prohibition
in this country against reprocessing reactor waste.
When you reprocess reactor waste, that can create
plutonium. And plutonium is, of course, the raw material of
nuclear weapons. For 24 years, under 2 different Presidential
directives, we have not permitted reprocessing. It is a policy
that if we are going to change it, I think requires more notice
and more debate than a small amendment and a very large energy
bill coming through this Committee.
The gentle lady's concerns about pyroprocessing are also on
target because that suggests a return to breeder technology.
The use of so called fast reactors that actually create more
plutonium than they use. And the reason that we, for 24 years,
have not allowed breeder research or reprocessing is because of
the threat to the proliferation of nuclear weapons.
This amendment has implications far beyond the scope of
this bill or this committee. We are trying mightily around the
world to stop the proliferation of nuclear weapons. If we are
through this measure sort of unknowingly or in a back-handed
way creating even more plutonium in the world market, we, I
think, will be working against our efforts to stop
proliferation of weapons around the world.
I would urge support for the Woolsey amendment.
Chairman Boehlert. The Chair recognizes Dr. Bartlett. The
Chair will be prepared to have a statement and bring the matter
to a vote.
Mr. Bartlett. Thank you, Mr. Chairman. I would first like
to note that there is nothing in this section of the bill that
requires or implies that we are going to change our national
policy. All this does is to authorize some research and
development which would make us better able to make that
informed decision in the future when the time comes to discuss
that. We are not discussing now changing that policy. We are
simply discussing whether or not we ought to proceed with this
research and development.
We face a very uncertain energy future. We have only 2
percent of the known reserves of oil in the world. We use 25
percent of the world's oil. We now import about 56 percent of
the oil which we use.
To give you some idea of how important nuclear is, when you
leave today, note that every 5th house you pass, every 5th farm
you pass and every 5th industry you pass would not have
electricity tomorrow if we shut down our nuclear plants today.
20 percent doesn't sound like much, but every 5th one really
sends it home to you that we really need nuclear.
Now, I think that it would be irresponsible for us not to
proceed with this R and D because it leaves open to us options
in the future that we would not have if we had notpursued this
R and D.
Mr. Calvert. Would the gentleman yield.
Mr. Bartlett. The--prove the correct thing to do.
Mr. Calvert. Will the gentleman yield to me?
Mr. Bartlett. I would. I will yield.
Mr. Calvert. I just want to also point out and agree with
Chairman Bartlett that this is extremely important. In fact,
this new technology can reduce waste streams and also enhance
proliferation resistance, which I think is also very important.
Technology has changed since President Carter made a
determination 20 some odd years ago. And the United States has
advanced very far in the types of technology we use for
reprocessing nuclear waste and certainly the so called
technology called pyroprocessing. So I would certainly oppose
my friend from California's amendment. I think we should move
forward with this technology and I thank the gentleman for
yielding.
Mr. Hoeffel. Would the gentleman yield?
Chairman Boehlert. Yes, sir?
Mr. Hoeffel. Perhaps the problem here is with the unclear
language or the vague language in the amendment. I certainly
salute the knowledge of both gentlemen who have just spoken.
But the Section 322 talks about recycling technology research,
which seems to suggest reprocessing. Because that is what
reprocessing is, recycling. And it talks about alternative
national strategies, which would certainly be the two that the
gentle lady identified, pyroprocessing and the other.
Mr. Bartlett. Again, reclaiming my time, I think that all
this section of the bill does is to authorize research and
development, which would provide information technologies. It
would make us better able to make a decision in the future. We,
here, make no decisions about where we are going in the future
with this technology. But we don't know now where we could go
unless we do this R and D. So I think it is entirely prudent
that we do this and reserve for another day the very important
discussions whether this is a road we should travel or not.
Mr. Rohrabacher. Would the gentleman yield?
Mr. Bartlett. We are not starting down this road.
Mr. Rohrabacher. Would the gentleman yield?
Mr. Bartlett. Yes.
Mr. Rohrabacher. Let me just note that for the last 25
years, we keep hearing these arguments against nuclear energy.
And especially, you know, what are we going to do with the
waste? Well, it is a little--isn't it a little bit hypocritical
to say we can't even use research dollars to try to find a
solution to that problem? We are just going to write off this
energy source altogether at a time when we are so dependent on
overseas energy to keep our country going? Are we just going to
write off that as an alternative? Not even going to study it
for the possibility that we might come up with an answer to the
problem?
Mr. Hoeffel. Would the gentleman yield?
Mr. Rohrabacher. I don't have--I cannot----
Mr. Hoeffel. Yield. Who has to yield?
Mr. Rohrabacher. I would yield back my time to----
Chairman Boehlert. Dr. Bartlett is controlling the time. He
has 55 seconds.
Mr. Bartlett. I will yield 50 of those 55.
Mr. Hoeffel. I thank the gentleman very much. The problem
here is that we are appropriating $10 million for the
research----
Chairman Boehlert. We authorize.
Mr. Hoeffel. Thank you. We are authorizing $10 million. And
that, I think, is changing national policy without the kind of
national debate we ought to have. I thank the gentleman for his
yielding and his cooperation.
Mr. Bartlett. Okay. Reclaiming the time, I would just like
to note that in the grand scheme of things, $10 million is
probably too little to provide the information we need to make
a considered judgment as to where we ought to go in the future.
Mr. Chairman, thank you very much for recognizing me.
Chairman Boehlert. Listen. Let the Chair state that I have
some legitimate concerns about nuclear waste disposal and the
potential for proliferation in general. I believe nuclear
power, quite frankly, is and should remain a part of a balanced
national energy policy. And a responsible nuclear energy policy
must include adequate science research and development
activities. That is what we are all about in this Committee.
Just as the Department of Energy must have adequate resources
to carry out it's mission. I mean, we are talking about $10
million for an R and D program related to proliferation
resistant fuel--nuclear fuel recycling programs. So I think
Section 322 is a responsible authorization, one that is
intended to promote the next generation technologies and reduce
proliferation threats. And, therefore, I would urge my
colleagues to oppose the gentle lady's amendment, as much as I
like it, respect--
Ms. Woolsey. Will the Chairman yield?
Chairman Boehlert. The Chairman will yield. But I don't
want to prolong this discussion all evening.
Ms. Woolsey. Well, we have one more person besides myself
that I think that wants to speak. But, Mr. Chairman, could we--
before rules, sit down and take some of what Dr.Ehlers was
talking about to make this language clearer, exactly what we are
talking about instead of making it look like we are going down a path
that we don't--really, Americans don't want us to go down?
Chairman Boehlert. Well, let the Chair state that the Chair
is always willing, as is Dr. Ehlers and Dr. Bartlett, to work
to clarify our intent as we go about our important business. No
problem there. We can talk some more. We will be glad to do so.
But I think we have to deal with the amendment right now in a
timely fashion. And we will talk to the gentle lady about
report language with as much specificity as we can muster.
Ms. Woolsey. Thank you, Mr. Chairman
Chairman Boehlert. Okay. Ms. Rivers? And then this will
be--unless everybody feels compelled to say the same thing over
again, this will be the last thing before the vote. Ms. Rivers?
Ms. Rivers. Thank you, Mr. Chair. Someone mentioned a few
minutes ago that this is a different world than it was 25 years
ago. And that is true. But radioactive materials are still just
as dangerous as they were 25 years ago. Public skepticism
remains as high as it did 25 years ago. And the difficulty of
finding waste repositories is every bit as hard as it was 25
years ago. So we cannot avoid many of the problems that we have
struggled with for the last 25 years.
I understand that it is the intent of this particular
Committee to limit this research to a particular kind and that
ultimately would produce technology that we shouldn't be
frightened of. But there are certainly other plans in existence
out there. And I refer to a Washington Post article which ran
just 2 weeks ago on the 2nd of July that talks about a
strategic alliance with Russia for reprocessing of nuclear
materials. Talks about private subsidization at Duke Power in
South Carolina so that they can do reprocessing. And this--
these are troubling reports. Troubling reports for foreign
affairs reasons. Troubling reports for this Committee, who has
in many times, spoken out strenuously that we should not be
paying private industry to do things that they would normally
do on their own. And so I think there are lots of reasons to be
concerned about this. And while I recognize that Mr. Bartlett
is being very straightforward, when he says we don't have to
worry about what the Committee wants to have happen, I am
concerned about what the administration might want to have
happen or what agreements may have already been made between us
and other countries or between us and private industry. And,
you know, there is an old saying, I only know what I read in
the newspaper. And this particular article in the newspaper
gives me great pause about this particular technology. And
the----
Mr. Ehlers. Will the gentlewoman yield?
Ms. Rivers. In one moment, I will. And to go back to how I
started my comments, it may be a different world in some
respects, but when it comes to the production and the handling
of radioactive materials, there are just as many problems today
as there were 25 years ago. And we should not hurry ourselves
past those problems in an effort to reassure ourselves we can
somehow eliminate our reliance on foreign energy supplies.
Because it is not going to happen. I will yield to my friend
from Michigan.
Mr. Ehlers. I thank the gentleman for yielding. Just let me
clarify something. It is a more dangerous world, but not
because of anything related to reprocessing, it is because of
the downfall of the former Soviet Union. And the greatest--if
you are going to worry about plutonium and stay awake at night,
think about their plutonium and not about anything in this
country. They have tons, literally tons of plutonium around the
country. Not very much safeguarded. And it is a constant worry
to me and to most people in the United States.
The agreement with Russia that you are talking about,
unless it is something different than we have been doing for
the past few years is trying to take their plutonium and
reprocess it, bring it back to this country and safeguard it.
Ms. Rivers. Claiming my time.
Mr. Ehlers. As they dismantle their nuclear warhead.
Ms. Rivers. Reclaiming my time. According to The Washington
Post, the agreement provides for both countries to engage in
reprocessing. So it is not simply a matter of the United States
picking up the waste and handling it here within our borders
only.
Mr. Ehlers. If I--if the gentlewoman will yield. Let me
just clarify--finish my statement. Clarify it. We have been
doing it for a long time. We are now going to try to train them
to do the same thing. As they continue to dismantle their
nuclear weapons.
Ms. Rivers. So as I said, we are moving toward an agreement
where this kind of technology will be used both in the United
States and in Russia. Thank you, Mr. Chair.
Chairman Boehlert. Thank you very much. And for the final
comment, the Chair is pleased to recognize Ms. Biggert.
Ms. Biggert. Thank you, Mr. Chairman. From some of the
conversation, it sounds like we have not been doing this at
all. And I happen--I would like to invite you all to come to
Argonne National Laboratory where there has been a
researcheffort to--and it has successfully reduced the toxicity of
spent fuel from an experimental reactor. And right now, we are looking
into some commercial uses of this technology. And 3 times, we in the
Congress have voted not to eliminate this research and development. So
I think that we need to continue to--with this type of process. And I
can't emphasize enough that what we are talking about is only the R and
D. And that is how we find in the future how we are going to deal with
this. And I think that something like the EMT, if you want to come and
see that at Argonne, I think that you will see that this is a way to
deal with the nuclear waste and to solve our energy problem.
Chairman Boehlert. Thank you very much. And I just would
reiterate that Section 322 deals with research and development.
And that is the mission that this Committee is most interested
in. I have as many reservations for some of the very reasons
outlined by Ms. Rivers about nuclear energy and spent fuel and
all related to it. But the fact of the matter is, I think in
terms of a balance program, we have to deal with the reality of
today and we also have to deal with the necessity for
conducting important research and development.
Before I call a final vote, let me point out that staff is
passing out a summary of the highlights of the en bloc
amendment. Mr. Weiner, I hope that will be helpful to you.
[The Summary of highlights of en bloc amendment follows:]
Summary of Highlights of En Bloc Amendment
(Page numbers refer to en bloc amendment)
Pages 1 through 12, rewrites the section in the bill on goals (sec.
4) to set specific technology goals for programs. Adapted from Ms.
Woolsey's bill.
Page 13, clarifies that reports on to set goals for new programs
are due within 120 days of the program beginning operation.
Page 14, rewrites sec. 7 of the bill to make clear that the
Committee expects the ratios among the spending levels for the programs
in the bill to be maintained. Requires a report if that does not
happen.
Pages 15 through 18, amends Subtitle I A of the bill to add ultra
low-sulfur diesel vehicles to the alternative vehicle grants program.
Pages 19 through 25, adds a new Subtitle to the bill to promote
research on distributed energy systems. Based on bills by Mr.
Nethercutt, Mr. Udall and others.
Pages 25 through 30, adds a new Subtitle to the bill to authorize
research on the reuse of the batteries that power electric vehicles.
Adapted fro Ms. Sheila Jackson-Lee's bill.
Pages 31 and 32, clarifies the language in the bill on cost-sharing
requirements. Based on current law.
Pages 33 and 34, adds a new Subtitle to create an interagency
Committee on building technologies.
Pages 35 through 46, adds a new Subtitle to create a program to
demonstrate cleaner technologies for school buses. Based on a bill by
Mr. Boehlert and Mr. Udall.
Page 46, adds definitions for bipower programs.
Pages 47 and 48, adds a new Subtitle on research on transmission
systems. Based on a bill by Mr. Matheson.
Pages 49 and 50, adds a new section to require an assessment of
renewable energy resources. Based on a provision by Ms. Woolsey.
Page 51, adds a reporting requirement to the programs on nuclear
education.
Pages 52 through 57, adds language reflecting a compromise between
Mr. Costello and Mr. Boehlert to ensure that the clean coal program
funds environmental improvements.
Pages 57 through 68, adds a new Subtitle to authorize research on
drilling for oil and gas in deep waters. Adapted from a bill by Mr.
Hall.
Remainder are primarily clarifying amendments.
Chairman Boehlert. And we also have--pardon me?
Ms. Woolsey. Big words. Mr. Chairman?
Chairman Boehlert. Now, let us call--the Chair calls----
Ms. Woolsey. Mr. Chairman.
Chairman Boehlert. Yes?
Ms. Woolsey. I would like to withdrawal this amendment
until we have had a chance to sit down and see if we can do
something about the wording. And then we will----
Chairman Boehlert. Without objection, so ordered. Let us
move to the next----
Ms. Woolsey [continuing]. Talk about it at the----
Chairman Boehlert. Fine.
Ms. Woolsey [continuing]. On the floor.
Chairman Boehlert. Next--the second Woolsey amendment. The
gentlelady is recognized. Well, let us see. The Clerk will
report the amendment.
The Clerk. Amendment to en bloc amendment to H.R. 2460,
offered by Ms. Woolsey of California.
Amendment to En Bloc Amendment to H.R. 2460 Offered by Ms. Woolsey of
California
On page xx (near 19, a couple of pages after Green Buses), in the
item related to page 60, line 5, strike ``$20,000,000'' and insert
``$4,500,000''.
On page xx in the item related to page 60, line 16, strike
``$191,200,000'' and insert ``$175,700,000''.
Chairman Boehlert. The gentlelady is recognized for 5
minutes.
Ms. Woolsey. Thank you, Mr. Chairman. This amendment would
reduce the funding in the amended bill from $20 million to $4.5
million. The President's budget request is absolutely crystal
clear that the nuclear energy technology account needs just
$4.5 million to complete a technology roadmap study on
generation 4 nuclear reactor technologies. Not $50 million, as
was the base bill or $20 million, as in the bill as amended.
The goal of the $4.5 million study is to finish a technology
roadmap report and deliver it to Congress for review. According
to the budget request, that is the final step for this account.
Future work and requests are contingent presumably upon what
the plan proposes. I can find no reason to authorize $15.5
million more than the President says he needs. Apparently, the
House Appropriations Committee couldn't, either, because last
month, they appropriated just $4.5 million for this account.
That is why, Mr. Chairman, I am asking members to support a
good government amendment to strike the unnecessary funds from
the bill. I think that the proper procedure is to give the
department the money they need to finish their report, but no
more than that. After the report is delivered, then we can go
on from there. Please know I am not trying to block the study.
Whether you love or hate nuclear energy isn't my point. The
point is, we should have a clear purpose for the sums we
authorize tied to either a request from the administration or a
strong Committee record. Unfortunately, we have neither in this
instance. I hope my colleagues can support this amendment. And
I thank you, Mr. Chairman.
Chairman Boehlert. Let me point out to the gentlelady that
the Chair looked at this, too, and had some real questions
about the opening figure. And the opening figure was $50
million. We cut it down to $20 million. Would counsel care to
shed any further light on the difference between--I know what
the difference is between 4.5 and 20. Pretty good at math, at
least up to the 5th grade level. After that, I am challenged.
But--counsel? Dr. Watson, do you have any comment?
Dr. Watson. Yes, Mr. Chairman. We agreed to further look at
the program that perhaps the $50 million was a bit ambitious.
That the Department, however, has provided information that
justifies R&D that can support the roadmapping activities and
the implementation of that road mapping activities. We have, in
detail, a $20 million R&D program which would be in addition to
the $4.5 million required to complete the roadmap. And so we
are actually short-changing things that could be done.
Chairman Boehlert. Care to speak to the amendment? Mr.
Calvert.
Mr. Calvert. I, again, I hate to oppose my goodfriend from
California, but again, as we are looking for solutions to the future
for new energy, as has been pointed out by the Chairman and others here
that nuclear power has to be part of that solution. 20 percent of the
electric base load power of the United States comes from nuclear power.
And as we proceed down the road--and this is R and D money, to come up
with a standardized design for light water reactor that we can build in
this country that people feel confident and will provide safe and
reliable base load energy to the United States.
And by the way, if you do believe in global warming and I
have been to--I was at Kyoto and several other of the COPs, if
you believe that that, in fact, is a problem in the world, that
nuclear power is probably one of the best solutions to a
potential problem. So, again, I would oppose this amendment,
Mr. Chairman. I would encourage that the R and D take place and
that we move toward a standardized design for a nuclear
component to our energy solution. Thank you.
Chairman Boehlert. Recognizes Ms. Rivers. Do I sense a
pattern emerging here? Or should we confine this to a
discussion within the California delegation of both sides? Ms.
Rivers.
Ms. Rivers. Thank you, Mr. Chair. I am looking at a
document the Generation 4 nuclear energy systems initiative. My
staff brought it back to my office yesterday. I believe it was
handed out to staff when questions were raised about the
initiative--where the--emphasis for this funding. Can anybody
tell me who wrote it?
Chairman Boehlert. Dr. Watson.
Dr. Watson. It is my understanding this is a condensation
of the Nuclear Energy Research Advisory Committee work. It has
already been underway on the roadmap.
Ms. Rivers. So it came from where?
Dr. Watson. It came from the Department of Energy.
Ms. Rivers. Department of Energy. Okay.
Dr. Watson. Yes. Which was a summary, as they say, of----
Ms. Rivers. It has no date, no name, no agency on it.
Nothing.
Chairman Boehlert. We didn't distribute it.
Ms. Rivers. Who did distribute it? It came--it was given
out as an answer to the question how the $20 million request
was generated.
Chairman Boehlert. Dr. Watson, is this from staff?
Dr. Watson. Yes. This was during our staff discussions.
Ms. Rivers. But came----
Dr. Watson. Staff was seeking clarification. So it was----
Chairman Boehlert. So we got it from Department of Energy?
Ms. Rivers. It came from the----
Dr. Watson. During our discussions.
Chairman Boehlert. But it came from Department of Energy?
Dr. Watson. Yes. Yes, sir.
Ms. Rivers. Okay.
Chairman Boehlert. And just in future--and I agree with Ms.
Rivers. In the future, obviously, we should identify the source
of any material passed out so we all know----
Ms. Rivers. I look at this proposal and I understand that
the DOE, now that you tell me the DOE has put this together.
What did the OMB decide on this kind of request?
Dr. Watson. Excuse me. It was $4.5 million was in the
President's request.
Ms. Rivers. Right. So you are saying that the OMB agreed
that $4.5 million was appropriate and that $20 or $50 million
probably was not?
Dr. Watson. That is correct.
Ms. Rivers. Okay. Do you have any idea why the OMB would
have taken that position?
Dr. Watson. I----
Chairman Boehlert. Well, if you can figure out why OMB
takes a lot of positions, you can sit in the Chair.
Ms. Rivers. And since we are approving or at least we are
contemplating approving this first portion of funding, I see
that the full funding for this program is $108 million. Is the
Committee in--for $180 million? Is the Committee endorsing that
kind of an expenditure on this research over the period of time
contemplated in this document? This is on page 3 of the
document. There is a summary table. It shows the funding over,
I think----
Chairman Boehlert. I clarify, we did not pass this out.
Ms. Rivers. But you did.
Chairman Boehlert. No we didn't. I mean, this was a
document--in discussions between majority--minority staff,
apparently this was a document that was used--one document was
given to the minority staff and apparently the minority staff
passed it out. We didn't.
Ms. Rivers. It was--my understanding and I--you can correct
me. My understanding is that this document was given to explain
the Committee's recommendation that we should fundthese
programs at $50 million.
Chairman Boehlert. No. No. This was--right. During the
discussion between majority and minority staff----
Ms. Rivers. Um-hum.
Chairman Boehlert. --and minority staff asked where did the
figure $20 million come from.
Ms. Rivers. No. I think the question was, why are you
recommending $50 million or $20 million?
Chairman Boehlert. We are not. We are cutting from $50 to
$20 million.
Ms. Rivers. Okay. Why are we recommending $20 million----
Chairman Boehlert. Dr. Watson, do you want to address that?
Ms. Rivers [continuing]. Given that OMB didn't support it?
Chairman Boehlert. Well, but OMB doesn't support a lot of
things that you and I strongly agree with. And so we fight OMB
every step of the way. We just think it is more prudent to go
with a little higher figure. We thought the $50 million was too
ambitious. So we went back to $20 million. Let us say--let us
move to a vote.
Ms. Rivers. One further question.
Chairman Boehlert. Sure.
Ms. Rivers. Because I think I still have time. Which is, is
there a Committee record on this? Is there a Hearing record? Is
there some sort of record of discussion taking place to make
this recommendation that is so far in excess of what the
President recommended and OMB approved?
Chairman Boehlert. Dr. Watson.
Mr. Watson. Yes. We received testimony from Representative
Graham on his bill, which had the $50 million figure in it,
during our examination of legislation. I can't remember the
exact date.
Mr. Bartlett. Mr. Chairman? Down at this end.
Chairman Boehlert. Dr. Bartlett.
Mr. Bartlett. Oh, thank you. I thought I heard you say that
the President's request was for $4.5 million, the
administration request for $4.5 million to finish the roadmap.
Then this $20 million includes that and R&D. Is that correct?
Chairman Boehlert. Yes, sir.
Mr. Bartlett. Okay. So this is not blowing the $4.5 million
up to $20 million. This is really trying to squeeze the $4.5
million into a very small $20 million that is there for R&D.
Ms. Rivers. Well, would the gentleman yield?
Mr. Bartlett. Yes.
Ms. Rivers. R&D for what? The roadmap is supposed to--the
$4.5 million is to decide the roadmap. Why are we deciding now
that we are going to invest in something that we haven't even
gotten a report on?
Mr. Bartlett. Well, I think if you know that----
Ms. Rivers. Haven't been given to.
Mr. Bartlett [continuing]. I think if you know that you are
going somewhere, it would be nice to get started, and I think
that is what this does.
Ms. Rivers. We may not get started depending what they say.
Mr. Bartlett. Thank you, for yielding, Mr. Chairman.
Chairman Boehlert. I think both sides had ample opportunity
to be heard. Let us move to a vote. The vote is on the
amendment. All in favor say aye. Opposed, no. In the opinion of
the Chair the no's----
Ms. Rivers. Mr. Chairman----
Chairman Boehlert [continuing]. Have it.
Ms. Rivers [continuing]. I would like a recorded vote,
please.
Chairman Boehlert. The clerk will call the roll.
The Clerk. Mr. Boehlert.
Chairman Boehlert. No.
The Clerk. Mr. Boehlert votes no. Mr. Smith.
Mr. Smith. No.
The Clerk. No. Mrs. Morella.
Ms. Morella. Aye.
The Clerk. Mrs. Morella votes yes. Mr. Shays. Mr. Curt
Weldon. Mr. Rohrabacher.
Mr. Rohrabacher. No.
The Clerk. Mr. Barton. Mr. Calvert.
Mr. Calvert. No.
The Clerk. Mr. Smith.
Mr. Smith. No.
The Clerk. Mr. Bartlett.
Mr. Bartlett. No.
The Clerk. Mr. Ehlers. No. Mr. Dave Weldon.
Mr. Weldon. No.
The Clerk. Mr. Gutknecht.
Mr. Gutknecht. No.
The Clerk. Mr. Cannon.
Mr. Cannon. No.
The Clerk. Mr. Cannon votes no. Mr. Nethercutt.
Mr. Nethercutt. No.
The Clerk. Mr. Lucas.
Mr. Lucas. No.
The Clerk. Mr. Miller. Mrs. Biggert.
Ms. Biggert. No.
The Clerk. Mr. Gilchrest.
Mr. Gilchrest. No.
The Clerk. Mr. Akin.
Mr. Akin. No.
The Clerk. Mr. Johnson.
Mr. Johnson. No.
The Clerk. Mr. Pence. Mr. Grucci.
Mr. Grucci. No.
The Clerk. Ms. Hart.
Ms. Hart. No.
The Clerk. Mr. Forbes.
Mr. Forbes. No.
The Clerk. Mr. Hall. Mr. Gordon. Mr. Costello.
Mr. Costello. Yes.
The Clerk. Mr. Barcia. Ms. Johnson.
Ms. Johnson. Aye.
The Clerk. Ms. Woolsey.
Ms. Woolsey. Aye.
The Clerk. Ms. Rivers.
Ms. Rivers. Aye.
The Clerk. Ms. Lofgren.
Ms. Lofgren. Aye.
The Clerk. Ms. Jackson Lee.
Ms. Jackson Lee. Aye.
The Clerk. Mr. Etheridge.
Mr. Etheridge. Aye.
The Clerk. Mr. Lampson.
Mr. Lampson. Aye.
The Clerk. Mr. Larson.
Mr. Larson. No.
The Clerk. Mr. Udall.
Mr. Udall. Aye.
The Clerk. Mr. Wu. Mr. Weiner.
Mr. Weiner. Aye.
The Clerk. Mr. Baird.
Mr. Baird. Aye.
The Clerk. Mr. Hoeffel.
Mr. Hoeffel. Yes.
The Clerk. Mr. Baca.
Mr. Baca. Aye.
The Clerk. Mr. Matheson.
Mr. Matheson. Aye.
The Clerk. Mr. Israel.
Mr. Israel. Aye.
The Clerk. Mr. Moore.
Mr. Moore. Aye.
The Clerk. Mr. Honda.
Mr. Honda. Aye.
Chairman Boehlert. Clerk will report.
The Clerk. Mr. Chairman, yes, 18, no, 20.
Chairman Boehlert. The no's have it, and the amendment is
defeated.
Number 4. First of all, Ms. Woolsey is recognized.
Ms. Woolsey. Thank you, Mr. Chairman. I actually am going
to withdraw this but I would like to have a little dialogue
about it. This amendment based on Section 105 of my bill, H.R.
2324, is intended to call all of our attention to the fact that
if we are truly serious about having a comprehensive approach
to energy efficiency and conservation, we can't afford to
ignore air transportation.
According to the Energy Information Administration air
passenger and freight operations account for approximately 7
percent of the total energy expended on transportation in this
nation. That is a significant level by any standard, and we all
know air transportation is on the increase. And I believe we
should act to make air transportation more efficient, and that
is why I propose that this Committee include words that will
have NASA do two things. First, develop technologies that will
enable 50 percent of air transportation system--oh, no. 50
percent--a 50 percent increase in aircraft engine efficiencies
by 2010 and secondly, to develop air transportation system
management operation concepts and procedures that will enable a
25 percent increase in the energy efficiency of the overall
U.S. air transportation system on a per-flight basis by 2010.
Mr. Chairman, I am not going to go on and on. You will tell
me that NASA already has these programs but their programs need
to be built upon. They are too passive. We have to go forward,
and air transportation is a great opportunity to start working
on efficiency.
Chairman Boehlert. I couldn't agree more, gentlelady, and
let me applaud her for the amendment. We are moving the same
direction, and we will revisit that issue I am sure several
times in the months and years ahead to insure that we are
getting the desired result. You have touched a sensitive cord
here, and I look forward to working with you and with NASA and
FAA to monitor the progress on developing a more efficient air
transportation system, one, because I am concerned of my own
hide but two, I think we ought to be concerned with everybody.
And that is exactly why the amendment is good in spirit. I
applaud it, and I thank her for agreeing to withdraw it, and we
will be talking----
Ms. Woolsey. Okay.
Chairman Boehlert [continuing]. A lot more about this in
the future.
Ms. Woolsey. I count on that, Mr. Chairman.
Chairman Boehlert. And without objection of gentlelady's
unanimous consent request to withdraw the amendment is honored.
It is withdrawn.
The next amendment is amendment number 5 by Ms. Jackson
Lee. Clerk will report.
The Clerk. Amendment to H.R. 2460 offered by Ms. Jackson
Lee of Texas.
Chairman Boehlert. The gentlelady is recognized for five
minutes.
Ms. Jackson Lee. I thank you very much, Mr. Chairman. I
think as I indicated when we were discussing the legislation
dealing with election reform, and I might add that I might have
failed to acknowledge Congresswoman Eddie Bernice Johnson
chairing the Congressional Black Caucus, and the enormous work
that we have done on that issue, I said that it was important
for the Science Committee to be a stakeholder in the question
of election reform. Likewise, I am gratified that we are a
stakeholder in a consensus energy reform or an energy plan for
the nation.
My amendment deals with an important opportunity, a
research opportunity for our nation's need to construct more
gas and oil pipelines but do it safely. Unfortunately, many in
my community work steadfastly on a pipeline safety initiative
in the last session of Congress, and it did not reach its
fruition for a variety of reasons.
I would like to have this Committee stake its interest in
pipeline safety as it relates to research. There are about 2
million miles of pipeline in the United States, and I grant you
a great deal of which are located in the State of Texas.
Millions of miles of pipeline carry the vast majority of oil
and natural gas across the nation.
As we look to become less dependent on foreign oil we will
look for opportunities to be safe, we will look for
opportunities to produce domestic energy in a way that brings
about a consensus.
Over the past decade more than 2,200 pipeline accidents
have occurred resulting in 200 deaths, thousands of serious
injuries, and an estimated 700 million in damage to property.
Last August 12 members of a family camping in New Mexico were
killed when a natural gas pipeline exploded, of course,
focusing all of us on that issue.
Upon inspection by the National Transportation Safety Board
the section of pipeline that was involved in the explosion was
judged to have never been examined with an internal inspection
tool or undergone hydrostatic testing since it was installed in
1952. What a solvable problem.
Much of the danger with pipelines is caused by their age.
An estimated 24 percent of gas pipelines alone are more than 50
years old, and the particular pipeline in New Mexico was almost
50 years old and was found to have experienced substantial
internal corrosion. Another factor is increased suburbanization
into previously rural areas and therefore, density problems as
well.
I believe that we can produce safe pipelines, and I think
the Science Committee can be part of the solution. The Sandia
National Laboratories have produced a pipeline safety white
paper titled, ``Capabilities and Area of Research and
Development to Enhance Pipeline Safety in the United States.''
This lab is a national security lab operated by the U.S.
Department of Energy by the Sandia Corporation and Lockheed
Martin.
A Sandia team has worked with the natural gas industry,
regulators, and oil companies to adapt commercially-available
laser-imaging tools to detect low-pressure leaks in urban gas
distribution lines and in oil refineries.
Mr. Chairman, what I am asking is that this amendment be
included to get us, if you will, in the mix in dealing with the
research aspect to provide the opportunities for safe
pipelines, get us above the fray and above the political
aspects of it and engage the Department of Energy and the
laboratories in this kind of research.
[Statement of Ms. Jackson Lee follows:]
Prepared Statement of Hon. Sheila Jackson Lee
Chairman Boehlert and Ranking Member Hall, I would like to thank
you for this opportunity for the House Science Committee to contribute
in a substantive way to our country's National Energy Plan.
I have an amendment that I would like to offer which will provide
important research opportunities for our nation's need to construct
more gas and oil pipelines.
There are about 2 million miles of pipeline in the United States,
and I grant you, a great deal of which is located in the State of
Texas. These millions of miles of pipeline carry the vast majority of
oil and natural gas across the nation.
Over the past decade, more than 2,200 pipeline accidents have
occurred, resulting in more than 200 deaths, thousands of serious
injuries and an estimated $700 million in damage to property. Last
August 12 members of a family camping near Carlsbad, New Mexico were
killed when a natural gas pipeline exploded. This accident became the
deadliest pipeline accident in the United States in nearly a quarter of
a century.
Upon inspection by the National Transportation and Safety Board,
the section of pipeline that was involved in the explosion was judged
to have never been examined with an internal inspection tool or
undergone hydrostatic testing since it was installed in 1952.
Much of the danger with pipelines is caused by their age; an
estimated 24% of gas pipelines alone are more than 50 years old (the
section of pipeline involved in the Carlsbad explosion was almost 50
years old and was found to have experienced substantial internal
corrosion). Another factor is increased suburbanization into previously
rural areas, which bring residents closer to oil and gas pipelines.
Federal regulation of pipeline safety is the responsibility of the
Office of Pipeline Safety (OPS) within the Transportation Department.
However, that office does not have the necessary purview to provide
research and development options for improving pipeline safety. In the
late 1980s, the National Transportation Safety Board (NTSB), the
independent federal agency, which investigates transportation
accidents, including major pipeline accidents, and makes safety
recommendations to prevent their recurrence, recommended that major oil
and gas pipelines be regularly inspected.
The current state of knowledge regarding pipeline safety is lacking
in the creativity and focus that a federally assisted research and
development pipeline safety program would engender.
Sandia National Laboratories has produced a pipeline safety white
paper titled ``Capabilities and Area of Research and Development to
Enhance Pipeline Safety in the US.'' Sandia National Laboratories is a
national security laboratory operated for the US Department of Energy
by the Sandia Corporation and Lockheed Martin.
A Sandia team has worked with the natural gas industry, regulators,
and oil companies to adapt commercially available laser-imaging tools
to detect low-pressure leaks in urban gas distribution lines and at oil
refineries. One exciting test that demonstrated the importance of this
type of research was conducted in 1997. A van was driven through the
streets of Atlanta using a van-mounted laser-imaging system designed to
detect methane. The van monitoring system detected one potentially
dangerous gas leak in a manhole.
The white paper produced by Sandia suggested several areas of
research that could revolutionize pipeline safety in the United States:
advanced robotic and remote sensor technology, improved inspection
protocols, and ranking of pipeline safety priorities.
The research I am proposing would improve our nation's pipeline
infrastructure and create better opportunities for energy distribution,
while minimizing risks to communities. Thank you.
Ms. Jackson Lee. With that, Mr. Chairman, I am holding my
time for an able response from the Committee.
Chairman Boehlert. Well, thank you very much, and I tell
the gentlelady I support the efforts to improve the pipeline
safety R&D and as a matter of fact, the Senate has done
something in its bill that will get the conference to work with
them. They were also working with the Transportation Committee,
Mr. Young, because I think it is a very important subject, and
you are absolutely right. We have to address it. A lot of it is
in Texas but let me tell you it is up in our neck of the woods,
too, and all across this country. It is a very important
subject. I think we have to deal with it at the right time and
the right place. I don't think this particular bill in view of
what Young is saying, and they have principle responsibility.
We have the R&D portion so I think we can all work together,
with the Gentle Lady, with our colleagues in the Senate who
recognize and appreciate what you are saying to be true, and
with Chairman Young who wants to deal with it separate from the
total energy package.
Ms. Jackson Lee. Would the gentleman--would the Chairman
yield?
Chairman Boehlert. It is your time.
Ms. Jackson Lee. I thank you very much. What I would ask
the Chairman, and I appreciate his interest in the issue, as we
coordinate with the Transportation Committee, would the
Chairman offer for us to have hearings in this Committee
dealing with the R&D aspect of pipeline safety?
Chairman Boehlert. Sure. Quite frankly I put that down as a
no-brainer. I mean, I think we are all interested, and we have
got to put more into R&D. The question is how much and of
course, the hearings would be very appropriate.
Ms. Jackson Lee. Mr. Chairman, what I want and what I think
all of us would like to have would be solutions. I think the
deaths are tragic. I think the issues will continue to be a
problem as the country becomes more dense, and I will withdraw
this amendment so that we can collaborate but I would look
forward to our hearings to be scheduled and for us to work on
the research and development aspect.
It certainly seems shameful to have work by the national
labs that could save lives and that we have not been able to
move forward.
Chairman Boehlert. Thank you very much. Without objection
the gentlelady asks permission to withdraw her amendment.
Without objection, so ordered.
The Chair recognizes Mr. Hoeffel.
Mr. Hoeffel. Thank you, Mr. Chairman. I had intended to
offer an amendment to this point to authorize funding for the
Department for a nanoscale science and engineering research and
development. Nanotechnology is an amazing new technology.
Scientists are now able to see at the molecular level and
therefore, able to build structures as they see fit, wholly new
structures. There is a good deal of private sector research and
academic research happening in this field. I know in California
and also very much in the Philadelphia area but my staff tells
me, Mr. Chairman, that you are very interested in this as well,
and that you intend to pursue a free-standing bill in the area
of nanotechnology, so I would withdraw this amendment, and to
tell you I would love to work with you on that bill, and thank
you for your cooperation.
Chairman Boehlert. Thank you very much. We are going to do
a major inter-agency bill. Nanotechnology is very important to
all of us. I am particularly close to it with the center,
nanotechnology center at the State University of New York in
Albany. Not in my district but in my state and that is
something we should all be very interested in, and we will work
together with the gentleman.
The Chair recognizes----
Unidentified Speaker. Are there any further amendments and
recognize----
Ms. Lofgren. Mr. Chairman.
Chairman Boehlert. Ms. Lofgren.
Ms. Lofgren. Mr. Chairman, I have an amendment at the desk,
and I would ask unanimous consent that it be considered as
read. It is my understanding after consultation between the two
staffs that there is agreement that we would rather be
redundant than sorry, and so this would memorialize our
understanding relative to the scope of the drilling. And I
appreciate the Chairman's indulgence for my anxiety.
Chairman Boehlert. Would you just explain it so that
everybody will know what is going on? We have had discussions
with staff.
Ms. Lofgren. It is on page 58 in the manager's amendment,
there is the section, and I am struggling to find it here, the
section relative to ultra-deep water unconventional drilling.
And the amendment which the staff has drafted would after the
word technology on line 20 on page 58 note that the
technologies in areas currently available for outer-continental
shelf leasing, which would limit the scope of what we are doing
here to what currently is permitted, which is our
understanding----
Chairman Boehlert. It is a perfecting----
Ms. Lofgren [continuing]. On both sides of the aisle.
Chairman Boehlert [continuing]. Of the amendment.
Ms. Lofgren. Exactly.
Amendment to the En Bloc Amendment to H.R. 2460 Offered by Ms. Lofgren
of California
On page 58, line 20, delete ``technologies'' and insert
``technologies, in areas currently available for Outer Continental
Shelf leasing.''
Chairman Boehlert. It makes it absolutely clear, and the
Chair is prepared to accept it.
Ms. Lofgren. I appreciate that very much, Mr. Chairman.
Chairman Boehlert. Is there anyone who has any--without
objection the Chair accepts the amendment and puts the
amendment to the vote. All in favor, say aye. Opposed, nay. The
ayes have it.
Mr. Nethercutt. Mr. Chairman.
Chairman Boehlert. Mr. Nethercutt.
Mr. Nethercutt. I have two amendments, Mr. Chairman, that
are not controversial. They are more technical in nature. I
would ask that they--unanimous consent that they be considered
en bloc.
Chairman Boehlert. And the gentleman is recognized for five
minutes to explain the amendments.
Mr. Nethercutt. Thank you, Mr. Chairman. The first
amendment is found on page 23 of the en bloc amendments that
were approved by the Chairman and by the Committee. Under
Section 124, High Power Density Industry Program, we add
language that just is consistent with the prior section that is
implementing an integration language so it is an addition of
language that duplicates the preceding section, makes clear
that the High Power Density Industry Program authorized in this
section is to be funded through the Distributed Energy Office.
The second amendment is found on page 47 under sub-title C.
It adds on--I should say page 48, pardon me. It is under sub-
title C. We add a Section 3 and 4 that adds two promising
approaches to electricity transmission. Mr. Gutknecht in
particular is supportive of these amendments, and it also
identifies two new goals and outcomes expected from this
research activity, and I would ask that----
Nethercutt Amendment to High Density Industry Program
Insert the following, as appropriate:
(c) Implementation and integration.--Activities pursuant to this
program shall be integrated with other activities of the Department's
Office of Distributed Energy Resources.
______
Nethercutt Amendment to En Bloc
Page 47, on line 19 after ``technologies development,'' insert
``technologies contributing to significant load reductions, advanced
metering and load management and control technologies,''
Page 48, on line 2, after the period insert the following, and
renumber as appropriate:
``(3) Self-adjusting equipment, processes or software for
survivability, security and failure containment
(4) Enhancements of energy transfers over existing lines''
Chairman Boehlert. Thank you. They are straight-forward and
non-controversial. The Chair recognizes Mr. Costello.
Mr. Costello. Mr. Chairman, we have no objection to this
amendment and accept it.
Chairman Boehlert. Any further questions? If not, the vote
is on the amendment, amendments en bloc. All in favor, say aye.
Nay.
Mr. Nethercutt. Thank you, Mr.----
Chairman Boehlert. With that the amendment is passed. Who
seeks--Mr. Weiner.
Mr. Weiner. I move to strike the last word. Mr. Chairman--
--
Chairman Boehlert. The gentleman is recognized five
minutes.
Mr. Weiner. I do so just to clarify a couple of points on
an earlier amendment that Ms. Lofgren raised about deep-water
drilling for oil and gas, something that gives many of us
pause. And if you will indulge me just to ask a couple of brief
questions, why is it that the way the grants are administered
are through something that is refereed to in the bill called
the research organization. And a research organization is
defined in the en bloc amendment as an organization that among
other things has to be a tax-exempt organization, has to be in
existence from the date of the act, and it has to be
experienced in planning and managing programs in natural gas or
other petroleum exploration and production research,
development, and demonstration. It sounds like what we are
going to be doing is hiring an organization whose business it
is to do development to give us advice on how to do
development. Why are we not just letting the Department of
Energy, who has perhaps a more balanced approach, in this
Administration who knows, but who gets paid already by the
taxpayers to give us this kind of counsel, why are we going to
an outside organization to do that?
Chairman Boehlert. I will let--I point out that this is Mr.
Hall's interest, and the same question was asked by staff.
Adequate answer. Dr. Watson.
Dr. Watson. Quite frankly I was not deeply involved in
these discussions. I believe Mr. Cook, however, could explain
the issue in detail.
Chairman Boehlert. The Chair recognizes the minority side.
Mr. Cook Thank you very much. Congressman, the rationale
behind the structure in the bill is actually a rough model of
the SEMATECH Organization that was put together roughly ten
years ago, 15 years ago to assist the semiconductor industry in
developing new technologies to make them competitive, keep them
competitive with the Asians, particularly the Japanese. The
need is to put this organization--to put together an
organization that has demonstrated capabilities to pull
together and manage research programs on a crash basis, and
that the belief is that such an organization will be able to
manage these programs in such a way that the research will be
done better in essence, better, more completely, and on a
faster timetable so that they can be deployed in commercial
exploration and development programs.
Mr. Weiner. Well, if I could, I mean, I am not sure I am
comforted by that.
Chairman Boehlert. Let me try to add to your comfort level.
The Chair would recognize without objection--who has worked
with all concerned on this.
Mr. Goldston. Let me add just one point to what Mr. Cook
said. Because of some of the very concerns that you are
bringing up there are two sections that were--one that was
clarified and one that was added to make sure that the
Department itself has the ability to look out for the
taxpayers' interests even as this consortium takes care of sort
of the day-to-day operation, which is, again, notunprecedented,
number one, the Secretary has to review their plan annually and
withhold money, their annual payment if he is--he or she is not
satisfied with the plan. And number two based again on the SEMATECH
language that Charlie mentioned there is an annual audit to make sure
that the money is being spent in accordance with the Department's
wishes.
Mr. Weiner. Well, not to belabor this, the difference is it
seems to me when you set up an organization like this, it is
almost a foregone conclusion that they are going to determine
that they, A, want to do these things, they can be done safely,
and the government should fund them. It seems we have also in
the bill section 45 that establishes a very balanced advisory
committee made up of experts in all different walks of the
industry, and then after we establish the advisory committee,
later on in the bill we establish this research organization
that goes to great pains. I don't see anyone that can do this
research except someone who is self-interested by this bill. I
mean, experienced in planning and managing programs in natural
gas or other petroleum exploration and production, we are
establishing a program to have an organization by the
explanation of staff go on a crash program to, you know, that
is probably a bad use of words, go on a crash program to come
up with technologies that I am not sure many of us agree are
necessarily worth coming up with. And I am not sure if----
Mr. Calvert. Will the gentleman yield?
Mr. Weiner. Certainly.
Mr. Calvert. Will the gentleman yield?
Mr. Weiner. Sure. I don't know to whom but yes.
Mr. Calvert. Over here.
Unknown Speaker. Mr. Calvert.
Mr. Calvert. The--I think it has been made pretty clear
based upon Ms. Lofgren's language that areas in the United
States or the continental shelf of the United States where
states do not want to have offshore exploration or drilling
will not have it. But areas in the United States, such off the
coast of Texas and Louisiana that have offshore drilling, if,
in fact, there are methologies to go after those resources in a
safe way and a more credible way, especially deep-water
exploration, we ought to explore those ways of doing it. And a
methology in which to come up with types of technologies has
been brought out by both the minority and the majority, and I
think we should support that.
We could not sustain the energy we have in this country
without the oil that has been produced off the gulf and off of
Louisiana.
Mr. Weiner. Mr. Chairman.
Mr. Calvert. And so I----
Mr. Weiner. Mr. Calvert, if I can just reclaim my time just
for the purpose of clarification, you support offshore drilling
for gas and for other things and----
Mr. Calvert. In the areas in which those states and those
areas have agreed to it.
Mr. Weiner. Okay. Well, there are some of us who are
concerned about it going on period, and there are some of us
who are concerned about the presumption in this bill that has
been negotiated among people who I think support offshore
drilling to come up with a mechanism to do what was described
by staff as a crash course to come up with this. This is the
equivalent of supporting funding for the semi-conductor, the
supercolliding semi-smashing thing, whatever we did in the
'80s.
Chairman Boehlert. Superconducting----
Mr. Calvert. That had nothing to do with----
Chairman Boehlert. I know that very well.
Mr. Weiner. Right. But it would be the equivalent of giving
it to a--of saying that although I might not think that is a
great idea, let us go out and give a contract to the very guys
who are going to ultimately build it. And I would further say
if you go further into the bill and look at who gets the
grants, again, in there is another--it seems another grant
program for the industry. On page 62 and 63 it describes on who
is going to be able to get the grants. One type of grant for
research, development, and demonstration of technologies to
maximize the value of the Government's natural gas.
Section 2 is ultra-deepwater research, grants for research
development and demonstration, and then the third one refers
back to 486(c)(1)(D) that talks about a consortium among the
industry, and it gives them--we don't evenly divide the grants.
It goes 15, 15, and then 60 for that subsection. I mean, it
strikes me, Mr. Chairman, that if you are someone like myself
who kind of has some qualms about this, what we are voting on
here at least with this section, is a dramatic expansion of
grants going to industry that does this work that is going to
be decided on not by the Government but by the industry-created
arm. And it really does give me great pause and perhaps, I
don't know, Mr. Chairman, you have been great on this issue.
Maybe you can clarify that some.
Mr. Calvert. Mr. Chairman, strike that last word.
Chairman Boehlert. Mr. Calvert.
Mr. Calvert. Again, you know, I would point out that this
section of the bill has been negotiated by--with the majority
and the minority to look at research and development, something
we were talking about earlier.Research and development in ways
that can safely and with confidence extract oil in areas in which
states and localities have agreed to offshore extraction of oil. It has
nothing to do with California or Florida or areas in which offshore oil
drilling presently is not agreed to in those locations.
Mr. Weiner. Would the gentleman yield on that point?
Mr. Calvert. I would be happy to.
Mr. Weiner. In point of fact the bill speaks to
demonstration.
Mr. Calvert. Claiming back my--reclaiming my time.
Mr. Weiner. Sure.
Mr. Calvert. Unless the areas in which you are referring
to, I mean, alleged areas, unless they agree to those
demonstrations then those projects will not take place because
under existing law, whether in California or elsewhere, those
areas must agree to those demonstrations taking place. It has
nothing to do with areas such as Louisiana and Texas. And by
the way I will say this once again. This country could not
sustain itself, the oil that we receive out of the gulf. If the
Gentleman would like to see us not receive any additional oil
out of the Gulf of Mexico or offshore, we cannot sustain this
country as we are presently doing. And we can extract that oil
in areas in which those states are supportive of that type of
extraction, and I would support this bill as it is constructed,
and move on.
Unidentified Speaker. Mr. Chairman.
Chairman Boehlert. Mr. Weiner, your time has expired.
Mr. Bartlett. Mr. Chairman.
Chairman Boehlert. Dr. Bartlett, are you seeking
recognition?
Mr. Bartlett. I am, sir.
Chairman Boehlert. Well, just let the Chair interject here
at this point. Mr. Weiner, you and I have voted alike on
several amendments, high-profile amendments in recent weeks on
the floor, and I am not one that is anxious for pell-mell
expansion of offshore oil drilling. This is only for existing,
already approved oil drilling, and this is engaging in R&D to
make it even safer and better. That is the essence of the whole
amendment.
With that I recognize Dr. Bartlett.
Mr. Bartlett. Mr. Chairman, I am opposed to offshore
drilling. I am opposed to drilling in ANWR not for
environmental reasons but simply because if you have only 2
percent of the known reserves of oil it doesn't make any sense
to me to rush out and find and pump that oil. If you pumped it
all tomorrow, what would you do the day after tomorrow?
But I am still strongly supportive of this language because
one day when it is a rainier day than we have today we are
going to have to pump that oil, and when we do it, I want to do
it in the best possible way, and this is simply R&D to be
prepared so that when we need to go out there, we will do it in
the best possible way.
I am opposed to drilling now but I am not opposed to R&D so
that when it--when we have to do it, we will do it right.
Chairman Boehlert. Well, that about sums up----
Ms. Woolsey. Mr. Chairman.
Chairman Boehlert. Yes. Ms. Woolsey.
Ms. Woolsey. Very quickly. Mr. Weiner, you--see if I am
hearing you right. One of the concerns is this is a great deal
of money. We aren't putting that much into renewable energy
sources. We are helping an industry that pretty much could help
itself, and I think that has a lot to do with our concerns on
this side.
Mr. Weiner. Would the gentleman yield----
Ms. Woolsey. Yes, I will.
Mr. Weiner [continuing]. For a moment? I appreciate what
you are saying, Mr. Chairman, and I have great confidence in
your not guiding us down any path that is unwise here. I must
say that I have yet to hear an explanation on the merits
besides precedent for why it is the industry should be not only
getting the grants but in charge of coming up with an
organization to decide who gets the grants.
Saying that it is expeditious, that they know the business,
well, apparently great care went into drafting the advisory
panel language here that talks in great length about the
expertise we want the advisory committee to have.
Chairman Boehlert. Mr. Weiner----
Mr. Weiner. Yes, sir.
Chairman Boehlert. Businesses loan money. Your five minutes
have expired. I mean----
Ms. Woolsey. It is my time.
Mr. Weiner. I was actually on a yield----
Chairman Boehlert. Your five minutes----
Mr. Weiner [continuing]. And I would yield back.
Ms. Lofgren. Mr. Chairman.
Chairman Boehlert. We have debated this endlessly. This is
loan money. There is a recoupment provision. This is something
that has been worked out with both sides. Let me tell you
something. I stand with you, and I have stood with you on the
floor and have argued the case against expansion of offshore
oil drilling off the coast of Florida, in the Great Lakes, and
in my bathroom for that matter. Imean, there is some people
that want to drill any place they can find a place to drill.
But this deals only with those drilling that has already
been approved. This is not expanding it. It is----
Ms. Lofgren. Mr. Chairman, would you just----
Unidentified Speaker. Would the gentle----
Unidentified Speaker. One more moment, please.
Chairman Boehlert. I have listened to several people make a
request. I would recognize only one. Mr. Weiner.
Mr. Weiner. I am actually on the gentlewoman's yielded
time. To say that it has been worked out, that gives me
comfort. It does. Can someone give me a substantive reason why
the industry gets to decide, an industry-created panel that is
going to give grants to the industry about how to further the
industry when we have a governmental agency and----
Ms. Jackson Lee. Mr. Chairman, can----
Unidentified Speaker. Wait.
Unidentified Speaker. Chairman, it is called penal review.
We do it everywhere in the government.
Ms. Jackson Lee. Mr. Chairman, I think the gentleman does
deserve an answer, and I will reflect back on some of the
efforts made by the Clinton Administration with respect to
paper, aluminum, and steel where they collaborated with
industries to be able to do research. But let me say that it
does not preclude academic institutions, and I guess I rise to
support it based on the fact that it is research and
development, and that institutions, academic institutions I
hope nationwide can be part of this so that whether you are pro
or con we can get pure research that tells us which direction
we can go in oil and gas.
But we have had a history of collaboration, and it is a
loan, and it will be paid back through the royalties, and I
yield back, Mr. Chairman.
Chairman Boehlert. Ms. Lofgren.
Ms. Lofgren. I just wanted to make a brief comment because
if the model is SEMATECH, that really is an excellent model,
and I don't know if everybody on the Science Committee is aware
what happened at that time but as I think back and the
semiconductor industry was destroyed. I mean, it was on the
verge of going away completely to Japan, and the late and
absolutely totally great, Bob Noise, stepped down from Intel to
head up SEMATECH, which was a consortium of semiconductor
companies. It was very controversial at the time because there
were loans involved, and there were grants just as this model
is, grants made to academic entities and to other institutes.
And basically they saved the semiconductor industry for America
for which I am very grateful.
Now, obviously, this is a different mission, which is to
use technology, and you could argue whether or not we want to
do that with the loan program but I can say that really the
semi model was a very effective approach. And I thank the
Chairman for allowing me to speak.
Chairman Boehlert. Thank you for that intervention. Ms.
Rivers.
Ms. Rivers. Thank you, Mr. Chair. I just want to raise an
issue of consistency because I have spent many an hour in this
particular hearing room listening to people attack the Advanced
Technology Program, listening to people attack the Department
of Energy Grant Program, and essentially saying that the
Government should absolutely not under any circumstances ever
be funding anything that private industry can fund on its own.
Now, I happen to think there are very good reasons to
invest in R&D efforts through private industry but I am very
unhappy when I hear people who argue vigorously against doing
that because they don't agree with particular programs.
And I would hope that we would take a consistent position
that it is good to have allies in private industry. It is good
to work within existing infrastructure. It is good to invest in
research and development and not pick and choose our friends
and the programs that are important to our country.
Chairman Boehlert. Particularly well-said. Thank you so
much. Are there any other amendments? If none, then----
Mr. Baird. Mr. Chair. This will be brief.
Chairman Boehlert. Who seeks--Mr. Baird.
Mr. Baird. Move to strike the last word. I wonder if in the
process I have great respect for the Chair and respect his
position on a variety of issues of concern here, the
environment and others and so this is not meant to criticize
the Chair per se, and I understand the pressures that have
moved with some expediency to bring this hearing and this mark-
up to the floor or to the body.
I have some concern about the tendency here to move things
very rapidly without adequate debate or discussion or hearings,
and I think we may have seen that a little bit. I see a lot of
folks reading through the bill, et cetera. One fundamental
question that I would like to ask counsel on this before
proceeding would be could you give us two things. One, some
simple, thumbnail sketch of net money being spent on renewables
and conservation as opposed to nuclear and petroleum in this
bill.
Chairman Boehlert. The Chair recognizes counsel as he is
grabbing--
Dr. Watson.
Dr. Watson. I have a chart here. Yes.
Chairman Boehlert. You have a chart that has been
distributed to all members?
Dr. Watson. Yes.
Chairman Boehlert. It is in the members' packets.
Dr. Watson. No. This is a revised----
Chairman Boehlert. But Mr. Baird makes a good point, and I
would suggest, and you know, everybody has been working so hard
day and night and trying to work everything out but it would be
nice to have a thumbnail sketch summary with dollar, you know,
without the section by section, 25-page analysis. We didn't
want to delay this mark-up, you know, until tomorrow with the
potential for a very busy schedule tomorrow, interruptions 48
times, and then we would be carried over to next week. We
wanted to get it finished with, and everybody, both sides,
worked diligently to work out the differences, and now we have
them worked out. We are paying somewhat of a penalty by going
forward. We don't have some of the things that members really
have every right to ask for. It is a very reasonable request.
The Chair has the same request, only I was a little bit more
silent about it. Dr. Ehlers has an observation relating to
your----
Mr. Baird. Actually, another request, Mr. Chairman, because
I am fully supportive of what we are doing here, and I like the
original bill, we have gone through a number of amendments,
particularly the en bloc amendment. I think we should just
realize that we have another bite out of the apple when we hit
the floor. But another concern of mine is how is--how this will
mesh with the other bills on energy being produced by other
committees. Therefore, my request is that if the staff could
assemble the final version of this bill, excuse me, as amended
as soon as possible and distribute it to us so that we can read
it and begin preparing for floor debate, and particularly use
it as a reference when looking at the bills that are coming out
of the other committees.
Chairman Boehlert. Legislative counsel will be doing that,
and let me suggest, I mean, we all know each other quite well
those of us who have been around more than a couple of hours. I
would suggest that this is going to be probably the most
positive portion of a comprehensive bill where I have a number
of problems and as many of my colleagues do on both sides of
the aisle.
Are there any other----
Unidentified Speaker. If the gentleman would yield.
Mr. Baird. Mr. Chair, I am not sure I finished my time.
Chairman Boehlert. All right.
Mr. Baird. That is all right.
Chairman Boehlert. The gentleman is recognized for----
Mr. Baird. I have got----
Chairman Boehlert [continuing]. Three minutes and 40
seconds.
Mr. Baird. Thanks, Mr. Chair. I timed it pretty close to
that. I have--this is the problem with sort of hurrying things
through but I have got the Democratic Staff's version of H.R.
2460, and as I look at say renewable energy under Democratic
Staff, and I will ask Democratic Staff to help me here, and it
may be without the en bloc admittedly, I am seeing numbers on
renewable energy that are substantially different than staff
counsel's, and I am just trying to reconcile those.
Chairman Boehlert. Mr.--Dr. Watson, can you----
Dr. Watson. I will not voucher the absoluteness of my
numbers. I am operating under a little sleep deficit.
Mr. Baird. We understand that.
Dr. Watson. I may----
Mr. Baird. Well, let me ask you----
Chairman Boehlert. Do both sides agree with the numbers
that are appearing some place?
Unidentified Speaker. Yeah.
Chairman Boehlert. Mr. Baird, do you have those numbers?
Mr. Baird. Yeah. I think it may have been explained.
Dr. Watson. I assume it is just the difference between the
en bloc amendment we added. The numbers changed again last
night.
Chairman Boehlert. Well, the chart he has does not have the
numbers from----
Mr. Baird. I think I have got them, Mr. Chair. I think it
has been explained. Let me ask then with my remaining 14.56
seconds----
Chairman Boehlert. All right.
Mr. Baird [continuing]. And nanoseconds I am sure, I see a
fairly substantial expenditure here for fusion energy, and I am
curious as to how much this country has spent on fusion energy
over the last two decades, and how much energy it has produced
relative to how much we have spent on solar energy and how much
energy is produced. I don't expect you to have that number but
I would just point out for the record that we are spending
annually tremendous amounts of money on fusion without a
kilowatt of energy being produced relative to what we spend on
other----
Chairman Boehlert. It has great potential. Ms. Lofgren, you
might want to address that subject.
Ms. Lofgren. Thank you, Mr. Chairman. I would loveto, and
fusion, the gentleman is correct that fusion has not yet achieved its
potential, however, we--it is a science project. It is not an
electricity-generation project, and we have cut the budget for fusion
research by 40 percent since I became a member of Congress.
This is an effort, and I am joined I think by 39 members of
the House and I think 15 members of the Science Committee in
putting together a comprehensive measure that will get us to
where we need to be to a burning plasma experiment, which is
the next step to see whether or not, and we believe actually we
are now moving forward, we have produced energy. It is just we
can't sustain it so that we know that fusion is possible but
without the investment in science by mid-century we will be out
of fossil fuels without a source of energy that will serve us
for the remainder of the century.
Mr. Nethercutt. Will gentlelady yield?
Ms. Lofgren. Certainly.
Mr. Nethercutt. I think the gentlelady is absolutely right.
You know, we spend millions of dollars on cancer research,
diabetes research, and a lot of research. We haven't cured
cancer or diabetes yet. So I would say to my friend from
Washington, you know, be patient. This is well-spent money. It
is going to be I think a long-term, very beneficial solution
for all of us. It is clean energy but it is not going to happen
tomorrow. We have to keep at it.
Mr. Baird. Well, my friend from Washington----
Mr. Nethercutt. It is not my time. I yield back.
Ms. Lofgren. I would certainly yield to the gentleman.
Mr. Baird. I appreciate that but we have been--my point is
that we have been spending this on a distant promise. Of course
fusion is possible. The sun is a fusion reactor but--and hot.
We have been doing this for 20 years. My original question was
this, and I will reiterate it because I think the comments,
though well taken, are not particularly germane. My original
question was to what extent have we generated actual kilowatt
hours for the dollars invested by solar energy and other
renewables versus actual kilowatt hours for the dollars
invested in fusion. And I understand, I have been tracking this
since the early days of tokamak but I don't see that we are
getting the return on investment. And if I had to prioritize
our expenditures, if we have a crisis, if we don't have a
crisis, then what is the point of accelerating the mark-up
today, if we have a crisis, it seems to me you invest your
first dollars most immediately and where you get an actual
return on energy investment. And we have gotten no net energy
return on investment. That is the point----
Ms. Lofgren. If I may reclaim my time, the--this bill I
think is a mix of approaches. Some are for today, some of them
are for the near term, the next several years or a decade, and
some are for our long-term future as a planet. And if we are
serious about global climate change, the only piece of the
energy mix that is going to provide that solution is the
investment that we are making in fusion energy.
Now, there has not been commercial electricity generated by
fusion energy, and no one has suggested that that has yet
occurred or will happen in any likelihood in the next ten
years. But if we fail to take the long-term view on--to secure
the safety of our environment and to avert global climate
change, I think we will all regret that. We may not live to
regret it but certainly our children will----
Chairman Boehlert. The gentlelady's time----
Ms. Lofgren [continuing]. And I thank you----
Chairman Boehlert [continuing]. Has expired.
Ms. Lofgren [continuing]. Chairman for----
Chairman Boehlert. She has ended on a positive note. All
time has expired. No further amendments. Hearing none the
question is on the bill H.R. 2460, Comprehensive Energy
Research and Technology Act of 2001 as amended. All those in
favor, say aye. Opposed, no. In the opinion of the Chair the
ayes have it.
I now will recognize Mr. Costello for a motion.
Mr. Costello. Mr. Chairman, in Mr. Hall's absence I would
move that the Committee favorably report H.R. 2460 as amended
to the House with the recommendation that the bill is amended
as passed. Furthermore, I move that staff be instructed to
prepare the legislative report and make necessary technical and
conforming changes, and that the Chairman take all necessary
steps to bring the bill before the House for consideration.
Chairman Boehlert. The Chair notes the presence of a
reporting quorum. The question is on the motion to report the
bill favorably. Those in favor of the motion will signify by
saying aye. Opposed, no.
I thank everybody here for their indulgence today. I move
that the Members have two subsequent calendar days in which to
submit supplementary, minority, or additional views on the
measure. I move pursuant to Clause 1 of rule 22 of the Rules of
the House that the Committee authorize the Chairman to offer
such motions as may be necessary in the House to go to
conference with the Senate on the bill H.R. 2460 or a similar
Senate bill.
This concludes our Committee Markup. Thank you all very
much.
[Whereupon, at 7:30 p.m., the Committee was adjourned.]
H.R. 2460--Comprehensive Energy Research and Technology Act of 2001
Section-by-Section Analysis
(To H.R. 2460 as Introduced)
Section 1. Short title; table of contents
Subsection 1(a) cites the Act as the ``Comprehensive Energy
Research and Technology Act of 2001,'' and subsection 1(b) contains the
bill's Table of Contents.
Sec. 2. Findings
Section 2 contains the 8 findings.
Sec. 3. Purposes
Section 3 contains the 8 purposes of the Act.
Sec. 4. Goals
Section 4 requires the Secretary of Energy, in consultation with
others, to perform an assessment that establishes measurable cost and
performance-based goals, for 2005, 2010, 2015, and 2020 for each of the
programs authorized by this Act that would enable each such program the
purposes of under section 3. The assessment is to be based on the
latest scientific and technical knowledge, and shall also take into
consideration, as appropriate, the comparative environmental impacts
(including emission of greenhouse gases) of the energy saved or
produced by specific programs. Within 120 days of the date of enactment
of this Act, the Secretary is to issue--and publish in the Federal
Register--a set of draft goals for public comment, and within 180 days,
after taking into consideration any public comments received, to
transmit to Congress and publish in the Federal Register the final
goals. These goals must be updated on a biennial basis.
Sec 5. Definitions
Secton 5 defines the terms: (1) ``Administrator'' to mean the
Administrator of the Environmental Protection Agency (EPA); (2)
``appropriate congressional committees'' to mean--(A) the Committee on
Science and the Committee on Appropriations of the House; and (B) the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate; (3) the ``Department'' to mean the
Department of Energy; and (4) the ``Secretary'' to mean the Secretary
of Energy.
Sec. 6. Authorizations
Section 6 states that authorizations of appropriations under this
Act are for environmental research and development, scientific and
energy research, development, and commercial applications of energy
technology programs, projects, and activities. This is consistent with
the Science Committee's jurisdiction under rule X, clause 1(n) of the
Rules of the House.
Sec. 7. Sense of Congress
Section 7 addresses funding balance by expressing the sense of the
Congress that the balance of funding priorities among the various
programs authorized by this Act should remain as provided in this Act,
regardless of the total amount of funding made available for this Act.
Title I--Energy Conservation and Energy Efficiency
subtitle a--alternative fuel vehicles
Subtitle A directs the Secretary to establish an alternative fuel
vehicle energy demonstration and commercial application of energy
technology competitive grant pilot program. The $200.0 pilot program is
to award not more than 15 grants, limited to a maximum of $20.0
million, to State governments, local governments, or metropolitan
transportation authorities to acquire alternative fuel vehicles.
Sec. 101. Short title
Subsection 101 cites the subtitle as the ``Alternative Fuel Vehicle
Acceleration Act of 2001.'' Act as the ``Comprehensive Energy Research
and Technology Act of 2001.'' and subsection.
Sec. 102. Definitions
Section 102 defines the terms ``alternative fuel vehicle'' and
``pilot program.''
Sec. 103. Pilot program
Subsection 103(a) directs the Secretary to establish an alternative
fuel vehicle energy demonstration and commercial application of energy
technology competitive grant pilot program to provide not more than 15
grants to State governments, local governments, or metropolitan
transportation authorities to carry out a project or projects for the
purposes described in subsection (b).
Subsection 103(b) defines the purposes for which the grants may be
used, as follows:
``(1) The Acquisition of alternative fuel vehicles,
including--(A) passenger vehicles; (B) buses used for public
transportation or transportation to and from schools; (C)
delivery vehicles for goods or services; (D) ground support
vehicles at public airports, including vehicles to carry
baggage or push airplanes away from terminal gates, and (E)
motorized two-wheel bicycles, scooters, or other vehicles for
use by law enforcement personnel or other State or local
government or metropolitan transportation authority employees;
``(2) Infrastructure necessary to directly support a project
funded by the grant, including fueling and other support
equipment;
``(3) Operation and maintenance of vehicles, infrastructure,
and equipment acquired as part of a project funded by the
grant.''
Subsections 103(c), (d), and (e) set out the grant applications
requirements, selection criteria, and pilot project requirements,
respectively. Subsection 103(e) limits: (1) the amount of an award to
any one applicant to not more than $20.0 million; (2) the Federal cost
share to not more than 50 percent; and (3) the length of the funding
period to not more than 5 years.
Sec. 104. Report
Section 104 requires the Secretary to transmit an initial report to
the Committee on Science and to the Senate Committee on Energy and
Natural Resources within 60 days after the grants are awarded, and a
report containing an evaluation of the pilot program's effectiveness
not later than 3 years after the date of enactment to the same
Committees. The evaluation report is to include ``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 is to be updated annually until the program ends.
Sec. 105. Authoritization of appropriations
Section 105 authorizes $200.0 million for the pilot program, to
remain available until expended.
subtitle b--distributed enery resources
Sec. 121. Distributed energy resources research, development,
demonstration, and commercial application
Section 121 directs the Secretary to develop and implement a
comprehensive and cooperative research, development, and demonstration,
and commercial application program to ensure the reliability,
efficiency and environmental responsibility of distributed energy
resources. The program is to address advanced energy technologies and
systems, advanced grid reliability technologies, development, and
technology transfer and education. It is to include the integration of
renewable energy resources, fuel cells, combined heat and power
systems, microturbines, advanced natural gas turbines, advanced
internal combustion engine generators, energy storage devices, any
other technologies, as appropriate, interconnection standards,
protocols, and equipment, and ancillary equipment for dispatch and
control.
Sec. 122. Program plan
Section 122 requires the Secretary, in consultation with other
appropriate Federal agencies, within 120 days of enactment, to present
to Congress a 5 year program plan to guide activities under this
subtitle, including the creation of cost-sharing programs with private
entities.
Sec. 123. Report
Section 123 instructs Secretary to report to Congress every two
years on the program's progress.
subtitle c--department of energy authorization of appropriations
Sec. 131. Authorization of appropriations
In addition to the $200.0 million authorized in section 105 for the
alternative fuel vehicle grant pilot program, subsection 131(a)
authorizes $600.0 million for fiscal year (FY) 2002, $700.0 million for
FY 2003; and (3) $800 million for FY 2004 for Energy Conservation
operation and maintenance (including Building Technology, State and
Community Sector, Industry Sector, Transportation Sector, Power
Technologies, and Policy and Management), to remain available until
expended.
Subsection 131(b) provides that none of the funds authorized to be
appropriated in subsection 131(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.'' This limitation is
included to preserve the Science Committee's sole jurisdiction over the
bill, since the jurisdiction of these programs either resides with the
Committee on Energy and Commerce, or is shared with that Committee.
subtitle d--environmental protection agency office of air and radiation
authorization of appropriations
Sec. 141. Short title
Section 141 cites the subtitle as the ``Environmental Protection
Agency Office of Air and Radiation Authorization Act of 2001.''
Sec. 142. Authorization of appropriations
Section 142 authorizes to be appropriated to the EPA Administrator
for the Office of Air and Radiation a total of $156.7 million for FY
2002; $163.0 million for FY 20993, and $169.4million for FY 2004, to
remain available until expended. Of these amounts, $28.3 million for FY
2902, $29.4 million for FY 2993, and $30.6 million for FY 2004 shall be
for Science; and $128.4 million for FY 2002, $133.6 million for FY
2003, and $138.8 million for FY 2004 shall be for Climate Change
Protection Programs, including--
(A) $52.7 million for FY 2002, $54.8 million for FY 2003, and
$57.0 million for FY 2004 for Buildings;
(B) $32.4 million for FY 2002, $33.7 million for FY 2003, and
$35.0 million for FY 2004 for Transportation;
(C) $32.0 million FY 2002, $33.3 million for FY 2003, and
$34.6 million for FY 2004 for Industry;
(D) $1.7 million for FY 2002, $1.750 million FY 2003, and
$1.8 million for FY 2004 for Carbon Removal;
(E) $2.5 million for FY 2002, $2.6 million for FY 2003, and
$1.8 million for FY 2004 for State and Local Climate;
(F) $6.3 million for FY 2002, $6.6 million for FY 2003, and
$6.8 million for FY 2004 for International Capacity Building;
and
(G) $0.8 million for FY 2002, $0.85 million FY 2003, and $0.9
million for FY 2004 for Technical Cooperation with Industrial
and Developing Countries.
Sec. 143. Limits on use of funds
Subsection 143(a) prohibits the use of funds authorized by this Act
to award, amend, or modify a contract of the EPA Office of Air and
Radiation in a manner that deviates from the Federal Acquisition
Regulation unless the Administrator grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Administrator may not
delegate the authority to grant such a waiver. It also requires that at
least 60 days before a contract award, amendment, or modification for
which the Administrator intends to grant such a waiver, the
Administrator shall submit to congressional committees a report
notifying the committees of the waiver and setting forth the reasons
for the waiver.
Subsection 143(b) prohibits EPA from using of funds 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.
Subsection 143(c) prohibits EPA from using funds to initiate
Requests for Proposals (RFPs) for unauthorized programs, projects, or
activities.
Subsection 143(d) prohibits EPA from using funds, either directly
or indirectly, to fund a grant, contract, subcontract or any other form
of financial assistance awarded by the Agency to a trade association on
a noncompetitive basis.
Sec. 144. Cost sharing
Section 144 requires non-Federal cost-sharing of at least: (a) 20
percent for R&D carried out by industry; and (b) 50 percent of any
demonstration or commercial application program, project, or activity.
Sec. 145. Limitations on demonstrations and commercial application of
energy technology
Section 145 requires the Administrator to provide funding only for
demonstration or commercial application programs, projects and
activities for technologies or processes that can reasonably be
expected to yield new, measurable benefits to the cost, efficiency, or
performance of the technology or process.
Sec. 146. Reprogramming
Section 146 prohibits the reprogramming of funds in excess of 105
percent of the amount authorized for a program, project, or activity,
or in excess of $0.25 million above the amount authorized for the
program, program, project, or activity until the Administrator submits
a report to the appropriate congressional committees and a period of 30
days has elapsed after the date on which the report is received.
Sec. 147. Budget request format
Section 147 requires the Administrator to provide to the
appropriate congressional committees, to be transmitted at the same
time as the EPA'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 two 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.
Sec. 148. Other provisions
Subsection 148(a) requires the Administrator to provide
simultaneously to the Science Committee: (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 ordevelopment, scientific or energy research, development, or
demonstration, or commercial application of energy technology programs,
projects, or activities of the EPA, provided to any committee of
Congress.
Subsection 148(b) requires the Administrator to provide notice to
the appropriate congressional committees not later than 15 days before
any reorganization of any environmental research or development,
scientific or energy research, development, or demonstration, or
commercial application of energy technology program, project, or
activity of the Office of Air and Radiation.
Title II--Renewable Energy
subtitle a--hydrogen
Sec. 201. Short title
Subsection 201 cites the subtitle as the ``Robert S. Walker and
George E. Brown, Jr. Hydrogen Energy Act of 2001.''
Sec. 202. Purposes
Sec. 203. Definitions
Sec. 204. Reports to Congress
Sec. 205. Hydrogen research and development
Sec. 206. Technology transfer
Sec. 208. Coordination and consultation
Sec. 209. Advisory committee
Sec. 210. Authorization of appropriations
Sections 202 through 210 amend sections 102(b), 102(c) and 103
through 108 of the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990. These include changes to revise its
purposes to include R&D activities leading to the use of hydrogen for
commercial applications, and the development of a hydrogen production
methodology that minimizes adverse environmental impacts, including
efficient and cost-effective production from renewable and nonrenewable
resources. The subtitle also amends as a purpose the development of
renewable energy resources as a primary source of energy for hydrogen
production. It also instructs the Secretary to report annually to
Congress on programs and activities authorized under the Act, conduct a
hydrogen technology transfer program designed to accelerate wider
application in foreign countries, increase the global market for
hydrogen technologies, and foster global economic development without
harmful environmental effects and enter into arrangements with the
National Academies of Sciences and Engineering to establish an advisory
committee to replace the current Hydrogen Technical Advisory Panel.
Sec. 210. Authorization of appropriations
Subsection 210 amends Section 109 of Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 to provide
authorization of appropriations for the 5-year period, FY 2002-FY 2006.
Subsection 210(a) authorizes $40.0 million for FY 2002, $45.0
million for FY 2003, $50.0 million for FY 2003, $55.0 million for FY
2005, and $60.0 million for FY 2006 for hydrogen research and
development (R&D) activities and the advisory committee.
Subsection 210(b) authorizes $20.0 million for FY 2002, $25.0
million for FY 2003, $30.0 million for FY 2003, $35.0 million for FY
2005, and $40.0 million for FY 2006 for hydrogen development
activities.
Sec. 211. Repeal
Section 211 amends the Hydrogen Future Act of 1996 to repeal the
program relating to the integration of fuel cells with hydrogen
production systems.
subtitle b--bioenergy
Section 221. Short title
Section 221 cites the Act as the ``Bioenergy Act of 2001.''
Sec. 222. Findings
Section 222 lists five findings.
Sec. 223. Definitions
Section 223 defines the term ``biofuels'' to include the production
of industrial chemicals.
Sec. 224. Authorizations
Section 224 authorizes the Secretary to conduct bioenergy-related
research, development, demonstration, and commercial application
programs, projects, and activities, including: (1) biopower energy
systems, (2) biofuels energy systems, and (3) integrated bioenergy R&D.
Sec. 225. Authorization of appropriations
As shown in the following table, section 225 authorizes a total of
$912.2 million for Biopower Energy Systems, Biofuels Energy Systems,
and Integrated Bioenergy R&D for the 5-year period, FY 2002-FY 2006.
Also shown in the table is the current (i.e., FY 2001) funding for
these programs.
BIOENERGY ACT OF 2001 AUTHORIZATIONS: FY 2002-FY 2006
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Total (FY02-
Program FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY06)
----------------------------------------------------------------------------------------------------------------
Biopower......................... 39,742 45,700 52,500 60,300 69,300 79,600 307,400
Biofuels......................... 46,526 53,500 61,400 70,600 81,100 93,200 359,800
Integrated Bioenergy R&D......... 0 49,000 49,000 49,000 49,000 49,000 245,000
------------------------------------------------------------------------------
Total...................... 86,268 148,200 162,900 179,900 199,400 221,800 912,200
----------------------------------------------------------------------------------------------------------------
subtitle c--authorization of appropriations
Sec. 241. Authorization of appropriations
Including the amounts authorized for hydrogen under section 201 and
for bioenergy under section 225, subsection 241(a) authorizes $475.0
million for FY 2002, $585.0 million for FY 2003, and $620.0 million for
FY 2004 for Renewable Energy operation and maintenance, including
Geothermal Technology Development, Hydropower, Concentrating Solar
Power, Photovoltaic Energy Systems, Solar Building Technology Research,
Wind Energy Systems, High Temperature Superconducting Research and
Development, Energy Storage Systems, Transmission Reliability,
International Renewable Energy Program, Renewable Energy Production
Incentive Program, Renewable Program Support, National Renewable Energy
Laboratory, and Program Direction, to remain available until expended.
Subsection 241(b) provides that none of the funds authorized to be
appropriated in subsection 131(a) may be used for: ``(1) Departmental
Energy Management Program; or (2) Renewable Indian Energy Program.''
This limitation is included to preserve the Science Committee's sole
jurisdiction over the bill, since the jurisdiction of these programs
either resides with the Committee on Energy and Commerce, or is shared
with that Committee.
Title III--Nuclear Energy
subtitle a--university nuclear science and engineering
Section 301. Short title
Section 301 cites the Act as the ``Department of Energy University
Nuclear Science and Engineering Act.''
Sec. 302. Findings
Section 302 lists three findings.
Sec. 303. Department of Energy Program
Subsection 303(a) directs the Secretary of Energy, through the
Office of Nuclear Energy, Science and Technology (Office) to maintain
the Nation's human resource investment and infrastructure related to
civilian nuclear R&D.
Subsection 303(b) requires the Director of the Office: (1) develop
a robust graduate and undergraduate program to attract new students;
(2) develop a Junior Faculty Research Initiation Grant to recruit and
maintain new faculty; (3) maintain investment in the Nuclear
Engineering Education Research Program; (4) encourage collaborative
nuclear research between industry, national labs and universities
through Nuclear Energy Research Initiative; and (5) support public
outreach regarding nuclear science and engineering.
Subsection 303(c) directs the Office to provide for: (1) university
research and training reactor refueling, upgrade of operational
instrumentation upgrading, reactor sharing, relicensing collaboration
with industry, awards for reactor improvements for research, training
and education.
Subsection 303(d) directs the Secretary to develop a program in the
Office of Nuclear Energy, Science and Technology for: nuclear science
and technology sabbatical fellowship for university professors at the
DOE labs; visiting scientist program for DOE lab staff to visit
universities' nuclear science programs to work with faculty and staff.
Subsection 303(e) requires cost sharing in the reactor's operation
costs by investigator and the host institution.
Subsection 303(f) requires that all grants, contracts, cooperative
agreements or other financial assistance awards under this act be made
based on independent merit review.
Sec. 304. Authorization of appropriations
Subsection 304(a) authorizes total appropriation of funds to carry
out the purposes of the act and for all funds to remain available until
expended, $30.2 million for FY 2002; $42.0 millionfor FY 2003; $47.9
million for FY 2004; $55.6 million for FY 2005; and $64.1 million for
FY 2006.
For the Junior Faculty Research Initiation Grant Program to carry
out subsection 303(b)(2) for the funds authorized in subsection 304(a),
subsection 304(c) authorizes $50.0 million for FY 2002, $7.0 million
for FY 2003; $8.0 million for FY 2004; $9.0 million for FY 2005; and
$10.0 million for FY 2006.
For the Nuclear Engineering and Education Research Program to carry
out subsection 303(b)(3) from the funds authorized in subsection
304(a), subsection 304(d) authorizes $8.0 million for FY 2002, $12.0
million for FY 2003; $13.0 million for FY 2004; $15.0 million for FY
2005; and $20.0 million for FY 2006.
For Communication and Outreach Related to Nuclear Science and
Engineering to carry out subsection 303(b)(5) from the funds authorized
in subsection 304(a), subsection 304(e) authorizes $0.2 million for
each of FY 2002 and FY 2003, and $0.3 million for each of FY 2004-FY
2006.
For Refueling of Research Reactors and Instrumentation Upgrades to
carry out section 303(c)(1) from the funds authorizes in subsection
304(a), subsection 304(f) authorizes $6.0 million for FY 2002, $6.5
million for FY 2003; $7.0 million for FY 2004; $7.5 million for FY
2005; and $8.0 million for FY 2006.
For Re-Licensing Assistance to carry out subsection 303(c)(2) from
the funds authorized in subsection 304(a), subsection 304(g) authorizes
$1.9 million for FY 2002, $1.1 million for FY 2003; $1.2 million for FY
2004; and $1.3 million for each of FY 2005 and FY 2006.
For the Reactor Research and Training Award Program to carry out
subsection 303(c)(3) from the funds authorized in subsection 304(a)
subsection 304(h) authorizes $6.0 million for FY 2002, $10.0 million
for FY 2003; $14.0 million for FY 2004; $18.0 million for FY 2005; and
$20.0 million for FY 2006.
For University-DOE Laboratory Interactions to carry out subsection
303(c)(3) from the funds authorized in subsection 304(d), subsection
304(i) authorizes $1.0 million for FY 2002, $1.1 million for FY 2003;
$1.2 million for FY 2004; and 41.3 million for each of FY 2005 and FY
2006.
subtitle b--spent nuclear fuel and fuel cycle research, development,
and demonstration
Sec. 321. Office of Spent Nuclear Fuel Research
Subsection 321(a) defines the term ``Associate Director'' to mean
the Associate Director of the Office of Spent Nuclear Fuel Research
established by subsection 321(b).
Subsection 321(b) establishes an Office of Spent Nuclear Research
within the Office of Nuclear Energy, Science and Technology of the
Department.
Subsection 321(c) specifies that the Office shall be headed by the
Associate Director, who shall be a member of the Senior Executive
Service appointed by the Director of the Office of Nuclear Energy,
Science and Technology.
Subsection 321(d) defines the duties of the Associate Director. The
Associate Director shall coordinate the participation of national
laboratories, other DOE facilities, universities, the commercial
nuclear industry, and other organizations in the research, development,
and demonstration (RD&D) of technologies for the treatment, recycling,
and disposal of spent nuclear fuel and high-level radioactive waste.
The Associate Director shall also: (A) develop a research plan to
provide recommendations to the Secretary by 2015; (B) identify
promising technologies for the treatment, recycling, and disposal of
spent nuclear fuel and high-level radioactive waste; (C) conduct RD&D
activities for promising technologies; (D) ensure that all activities
include as key objectives minimization of proliferation concerns and
risk to health of the general public or site workers, as well as
development of cost-effective technologies; (E) require research on
both reactor-based and accelerator-based transmutation systems; (F)
require research on advanced processing and separations; (G) include
participation of international collaborators in research efforts, and
provide funding to a collaborator that brings unique capabilities not
available in the United States if the country in which the collaborator
is located is unable to provide support; and (H) ensure that research
efforts are coordinated with research on advanced fuel cycles and
reactors conducted by the Office of Nuclear Energy, Science and
Technology.
Subsection 321(e) permits the Secretary to make grants, or enter
into contracts, for the purposes of the activities described in
subsection 321(d)(2).
Subsection 321(f) requires the Secretary shall annually submit to
the appropriate congressional committees a report on the activities and
expenditures of the Office that describes the progress being made in
the activities described in subsection 321(d)(2).
Sec. 322. Advanced fuel recycling technology research and development
program
Section 322(a) requires the Secretary, through the Director of the
Office of Nuclear Energy, Science and Technology, to conduct an
advanced fuel recycling technology R&D program tofurther 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.
Section 322(b) directs the Secretary shall report on the activities
of the advanced fuel recycling technology R&D program, as part of the
Department's annual budget submission.
Section 322(c) authorizes $10.0 million for FY 2002; and (2) such
sums as are necessary for FY 2003 and FY 2004.
subtitle c--department of energy authorization of appropriations
Sec. 341. Nuclear research initiative
Subsection 341(a) requires the Secretary, through the Office of
Nuclear Energy, Science and Technology, to conduct a Nuclear Energy
Research Initiative for grants to be competitively awarded and subject
to peer review for research relating to nuclear energy.
Subsection 341(b) mandates that the program 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 development worldwide; and (5) promoting United
States leadership and partnerships in bilateral and multilateral
nuclear energy research.
Subsection 341(c) authorizes to be appropriated to the Secretary to
carry out this section: (1) $60.0 million for FY 2002; and (2) such
sums as are necessary for FY 2003 and FY 2004.
Sec. 342. Nuclear Energy Plant Optimization Program
Subsection 342(a) requires the Secretary to conduct a Nuclear
Energy Plant Optimization R&D program jointly with industry and cost-
shared by industry by least 50 percent and subject to annual review by
the Secretary's Nuclear Energy Research Advisory Committee or other
independent entity, as appropriate.
Subsection 342(b) states the program shall be directed toward
accomplishing the following technical objectives: (1) managing long-
term effects of component aging; and (2) improving efficiency and
productivity of existing nuclear power stations.
Subsection 342(c) authorizes to be appropriated to the Secretary to
carry out this section: (1) $15.0 million for FY 2002; and (2) such
sums as are necessary for FY 2003 and FY 2004.
Sec. 343. Nuclear energy technologies
Subsection 343(a) requires the Secretary to conduct a study of
Generation IV nuclear energy systems, including development of a
technology roadmap and performance of R&D necessary to make an informed
technical decision regarding the most promising candidates for
commercial application.
Under subsection 343(b), to the extent practicable, in conducting
the study under subsection 343(a), the Secretary shall study nuclear
energy systems that offer the highest possibility 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.
In preparing the study under subsection 343(b), subsection 343(c)
requires the Secretary to consult with appropriate representatives of
industry, institutions of higher education, Federal agencies, and
international, professional and technical organizations.
Subsection 343(d) requires that, not later than December 31, 2002,
the Secretary shall transmit to appropriate congressional committees a
report describing the activities of the Secretary under this section,
and plans for R&D leading to a public/private cooperative demonstration
of one or more Generation IV nuclear energy systems. 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 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.
Subsection 343(e) authorizes to be appropriated to the Secretary to
carry out this section: (1) $50.0 million for FY 2002; and (2) such
sums as are necessary for FY 2003 and FY 2004.
Sec. 344. Authorization of appropriations
Subsection 344(a) authorizes to carry out activities authorized
under this title for nuclear energy operation and maintenance,
including amounts authorized under sections 304(a) (University Nuclear
Science and Engineering), 322(c) (Advanced Fuel Recycling Technology
R&D Program), 341(c) (Nuclear Energy Research Initiative), 342(c)
(Nuclear Energy Plant Optimization Program), and 343(e) (Nuclear
Technologies), and including Advanced Radioisotope Power Systems, Test
Reactor Landlord, and Program Direction, $221.0 million for FY 2002,
$230.0 million for FY 2003, and $240.0 million for FY 2004, to remain
available until expended.
Title IV--Fossil Energy
subtitle a--clean coal
Section 401. Short title
Section 401 cites the subtitle as the ``National Electricity and
Environmental Technology Research and Development Act.''
Sec. 402. Findings
Section 402 lists six findings.
Sec. 403. Definition
Section 403 defines the term ``cost and performance-based goals''
to mean the cost and performance-based goals established under section
4.
Sec. 404. Clean coal power initiative
Subsection 404 requires the Secretary carry out a program of
research on and development, demonstration, and commercial application
of clean coal technologies under: (1) this subtitle; (2) the Federal
Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901
et seq.); (3) the Energy Reorganization Act of 1974 (42 14 U.S.C. 5801
et seq.); and (4) title XIII of the Energy Policy Act of 1992 (42
U.S.C. 13331 et seq.).
Subsection 404(b) mandates that the research, development,
demonstration, and commercial application program described in
subsection (a) shall be designed to achieve the cost and performance-
based goals.
Sec. 405. Authorization of appropriations
Except as provided in section 406, subsection 405(a) authorizes to
be appropriated to the Secretary to carry out the Clean Coal Power
Initiative under section 404 $200.0 million for each of the fiscal
years 2003 through 2011, to remain available until expended.
Also, except as provided in section 406, subsection 405(b)
authorizes to be appropriated to the Secretary $172.0 million for FY
2002, $179.0 million for FY 2003, and $186.0 million for FY 2004, to
remain available until expended, for other coal and related
technologies programs, which shall include: (1) Innovations for
Existing Plants; (2) Integrated Gasification Combined Cycle; (3)
Pressurized Fluidized Bed Systems; (4) Turbines; (5) Sequestration
Research and Development; (6) Transportation Fuels and Chemicals; (7)
Solid Fuels and Feedstocks; (8) Advanced Fuels Research; and (9)
Advanced Research.
subtitle b--oil and gas
Sec. 421. Petroleum-oil technology
Section 421 directs the Secretary to conduct a program to conduct a
program of research, development, and demonstration, and commercial
application on petroleum, natural gas, and unconventional and ultra-
deepwater natural gas petroleum. The program shall address: (1)
Exploration and Production Supporting Research; (2) Oil Technology
Reservoir Management/Extension; and (3) Effective Environmental
Protection.
Sec. 422. Gas
Section 422 directs the Secretary to conduct a program to conduct a
program of research, development, demonstration, and commercial
application on natural gas technologies. The program shall address: (1)
Exploration and Production; (2) Infrastructure; (3) Effective
Environmental Protection.
Sec. 423. Unconventional and ultra-deepwater natural gas and petroleum
Section 423 directs the Secretary to conduct a program of RD&D of
unconventional and ultra-deepwater natural gas and petroleum
exploration and production technologies.
subtitle c--fuel cells
Section 441 directs the Secretary to conduct a program of research,
development, research, development, demonstration, and commercial
application on fuel cells. The program shall address: (1) Advanced
Research; (2) Systems Development; (3) Vision 21-Hybrids; and (4)
Innovative Concepts.
subtitle d--authorization of appropriations
Sec. 461. Authorization of appropriations
Subsection 461(a) authorizes appropriations for subtitles B (Oil
and Gas) and C (Fuel Cells), and for Fossil Energy Research and
Development Headquarters Program Direction, Field Program Direction,
Plant and Capital Equipment, Cooperative Research and Development,
Import/Export Authorization, and Advanced Metallurgical Processes
$238.0 million for FY 2002, $247.0 million for FY 2003, and $257.0
million for FY 2004.
Subsection 461(b) provides that none of the funds authorized to be
appropriated in subsection 461(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 [Clean Coal
Power Initiative].'' The first limitation is imposed because the
Methane Hydrate Act of 2000 has been recently enacted and has its own
separate authorization. The second limitation is limitation is included
to preserve the Science Committee's sole jurisdiction over the bill,
since the jurisdiction of Fossil Energy Environmental Restoration is
shared with the Committee on Energy and Commerce. The third limitation
is imposed to limit the amount of coal funding to that contained in
Subtitle A.
Title V--Science
subtitle a--fusion energy sciences
Section 501. Short title
Section 501 cites the subtitle as the ``Fusion Energy Sciences Act
of 2001.''
Sec. 502. Findings.
Section 502 lists nine findings
Sec. 503. Plan for fusion experiment
Subsection 503(a) requires the Secretary--in full consultation with
the Fusion Energy Sciences Advisory Committee and the Secretary of
Energy Advisory Board--to develop a plan for United States (U.S.)
construction of a magnetic fusion burning plasma experiment for the
purpose of accelerating scientific understanding of fusion plasmas. The
Secretary shall request a review of the plan by the National Academy of
Sciences (NAS), and shall transmit the plan and the NAS review to the
Congress by July 1, 2004.
Subsection 503(b) requires the plan to: (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.
Subsection 503(c) authorizes the Secretary--in full consultation
with the Fusion Energy Sciences Advisory Committee and the Secretary of
Energy Advisory Board--to develop a plan for U.S. participation in an
international burning plasma experiment for the purpose of accelerating
scientific understanding of fusion plasma, whose construction is found
by the Secretary to be highly likely, and where U.S. participation is
cost effective relative to the cost and scientific benefits of a
domestic experiment described in subsection 503(a). If the Secretary
elects to develop a plan under this subsection, the Secretary shall
include the information described in subsection 503(b), and an estimate
of the cost of U.S. participation in such an international experiment.
The Secretary shall request a review by the NAS of any such plan, shall
transmit the plan and the review to the Congress by July 1, 2004.
Subsection 503(d) authorizes the Secretary, through the Department
of Energy's (DOE's) Fusion Energy Sciences Program, to conduct any R&D
necessary to fully develop the plans described in this section.
Sec. 504. Plan for Fusion Energy Sciences Program
Section 504 requires that within six months of the enactment of
this Act, the Secretary--in full consultation with the Fusion Energy
Sciences Advisory Committee--to 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 burning plasma
experiment described in Section 503. Such plan shall insure: (1) that
existing fusion research facilities and equipment are more fully
utilized with appropriate measurements and control tools; (2) a
strengthened fusion science theory and computational base; (3) that the
selection of and funding for new magnetic and inertial fusion research
facilities is based on scientific innovation and cost effectiveness;
(4) improvement in the communication of scientific results and methods
between the fusion science community and the wider scientific
community; (5) that adequate support is provided to optimize the design
of the magnetic fusion burning plasma experiment referred to in Section
503; (6) that inertial confinement fusion facilities are utilized to
the extent practicable for the purpose of inertial fusion energy
research and development; (7) to develop a roadmap for a fusion-based
energy source that shows the important scientific questions, the
evolution of confinement configurations, the relation between these two
features, and their relation to the fusion energy goal; (8) to
establish several new centers of excellence, selected through a
competitive peer review process and devoted to exploring the frontiers
of fusion science; (9) to ensure that the National Science Foundation,
and other agencies, as appropriate, play a role in extending the reach
of fusion science and in sponsoring general plasma science; and (10) to
ensure that there be continuing broad assessments of the outlook for
fusion energy and periodic external reviews of fusion energy sciences.
Sec. 505. Authorization of appropriations
Section 505 authorizes--for ongoing activities in DOE's Fusion
Energy Sciences Program and for the purpose of planning activities
under Section 503, but not for implementation of such plans--$320.0
million for FY 2002 and $335.0 million for FY 2003.
subtitle b--spallation neutron source
Sec. 521. Definition
Section 521 defines the term ``Spallation Neutron Source'' to mean
Department Project 99-E-334, Oak Ridge National Laboratory, Oak Ridge,
Tennessee.
Sec. 522. Authorization of appropriations
Section 522(a) authorizes for construction of the Spallation
Neutron Source (SNS): (1) $276.3 million for FY 2002, (2) $210.571
million for FY 2003; (3) $124.6 million for FY 2004; (4) $79.8 million
for FY 2005; and (5) $41.1 million for FY 2006 for completion of
construction.
Subsection 522(b) authorizes for other SNS project costs (including
R&D necessary to complete the project, pre-operations costs, and
capital equipment not related to construction) $15.353 million for FY
2002 and $103.279 million for FY 2003-2006, to remain available until
expended.
Sec. 523. Report
Section 523 requires the Secretary to report on the SNS as part of
DOE's annual budget submission, including a description of the
achievement of milestones, a comparison of actual costs to estimated
costs, and any changes in estimated project costs or schedule.
Sec. 524. Limitations
Section 524 limits the total amount obligated for the SNS by the
Department, including prior year appropriations, to not more than (1)
$1,192,700,000 for costs of construction; (2) $219,000,000 for other
project costs; and (3) $1,411,700,000 for total project cost.
subtitle c--facilities, infrastructure, and user facilities
Sec. 541. Definition
Subsection 541(1) defines the term ``nonmilitary energy
laboratory'' to mean: (1) Ames Laboratory; (2) 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.
Subsection 541(2) defines the term ``user facillity'' to mean: (A)
an Office of Science facility at a nonmilitary energy laboratory that
provides special scientific and research capabilities, including
technical expertise and support as appropriate, to serve the research
needs of the Nation's universities, industry, private laboratories,
Federal laboratories, and others, including research institutions or
individuals from other nations where reciprocal accommodations are
provided to United States research institutions and individuals or
where the Secretary considers such accommodation to be in the national
interest; and (B) any other Office of Science funded facility
designated by the Secretary as a user facility.
Sec. 542. Facility and infrastructure support for nonmilitary energy
laboratories
Subsection 542(a) requires the Secretary to 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.
Subsection 542(b) requires 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 is to
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; and (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.
Subsection 542(c) requires the Secretary to prepare and transmit to
the appropriate congressional committees a report containing the plan
prepared under subsection (b) within 1 year after the date of the
enactment of this Act. For each nonmilitary energy laboratory, the
report is to contain: (A) the current priority list of proposed
facilities and infrastructure projects, including cost and schedule
requirements; (B) a current ten-year plan that demonstrates the
reconfiguration of its facilities and infrastructure to meet its
missions and to address its long-term operational costs and return on
investment; (C) the total current budget for all facilities and
infrastructure funding; and (D) the current status of each facilities
and infrastructure project compared to the original baseline cost,
schedule, and scope.
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; (C) provide for annual
reports to the appropriate congressional committees on accomplishments,
conformance to schedules, commitments, and expenditures.
Sec. 543. User facilities
Under subsection 543(a), 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.
Subsection 543(b) requires the Department to employ full and open
competition in selecting participants when the Department considers the
participation of a university or other potential user in the
establishment or operation of a user facility.
Section 543(c) prohibits the Department from redesignating a user
facility, as defined by section 541(b) as something other than a user
facility for avoid the requirements of subsections (a) and (b).
subtitle d--advisory panel on office of science
Sec. 561. Establishment
Section 561 requires the Director of the Office of Science and
Technology Policy, in consultation with the Secretary, to 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
fro the support of scientific research in other Federal agencies and
the private sector; and (3) suggest actions to strengthen the
scientific research by the Office that might be taken jointly by the
Department and Congress.
Sec. 562. Report
Under Section 562, within 180 days after the date of the enactment
of this Act, the Advisory Panel shall transmit its findings and
recommendations in a report to the Director of the Office of Science
and Technology Policy and the Secretary. The Director and the Secretary
shall jointly: (1) consider each of the Panel's findings and
recommendations, and comment on each as they consider appropriate; and
(2) transmit the Panel's report and the comments of the Director and
the Secretary on the appropriate congressional committees within 270
days after the date of the enactment of this Act.
subtitle d--department of energy authorization of appropriations
Sec. 581. Authorization of appropriations
Including the amounts authorized to be appropriated for FY 2002
under section 505 for Fusion Energy Sciences and under subsection
522(b) for the Spallation Neutron Source, subsection 581(a) authorizes
to be appropriated to the Secretary for the Office of Science (also
including High Energy Physics, Nuclear Physics, Biological and
Environmental Research, Basic Energy Sciences (except for the
Spallation Neutron Source), Advanced Scientific Computing Research,
Energy Research Analysis, Multiprogram Energy Laboratories--Facilities
Support, Facilities and Infrastructure, Safeguards and Security, and
Program Direction) operation and maintenance $3,296,076,000 for FY
2002, to remain available until expended.
In addition to the amounts authorized under subsection 522(a) for
construction of the Spallation Neutron Source, subsection 581(b)
authorizes:
(1) $11,400,000 for FY 2002 for completion of construction of
Project 98-G-304, Neutrinos at the Main Injector, Fermi
National Accelerator Laboratory Project;
(2) $10,000,000 for FY 2002 and $1,405,000 for FY 2003 for
completion of construction of Project 01-E-300, Laboratory for
Comparative and Functional Genomics, Oak Ridge National
Laboratory;
(3) $4,000,000 for FY 2002, $8,000,000 for FY 2003, and
$2,000,000 for FY 2004 for completion of construction of
Project 02-SC-002, Project Engineering Design (PED), Various
Locations;
(4) $3,183,000 for FY 2002 for completion of construction of
Project 02-SC-002, Multiprogram Energy Laboratories
Infrastructure Project Engineering Design (PED), Various
Locations; and
(5) $18,133,000 for FY 2002 and $13,029,000 for FY 2002 for
completion of construction of Project MEL-001 Multiprogram
Energy Laboratories, Infrastructure, Various Locations.
Subsection 581(c) provides that none of the funds authorized to be
appropriated in section 581(b) may be used for construction at any
national security laboratory as defined in section 3281(1) of the
National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C.
2471(1)) or at any nuclear weapons production facility as defined in
section 3281(2) of the National DefenseAuthorization Act for Fiscal
Year 2000 (50 U.S.C. 2471(2)). This limitation is included to preserve
the Science Committee's sole jurisdiction over the bill, since the
jurisdiction of thee laboratories and facilities reside with the
Committee on Armed Services.
Title VI--Miscellaneous
subtitle a--general provisions for the department of energy
Sec. 601. Research, development, demonstration and commercial
application of energy technology programs, projects, and
activities
Subsection 601 requires that research development and demonstration
activities be carried out under the procedures of the Federal
Nonnuclear Energy Research and Development Act of 1974, Atomic Energy
Act of 1954, or any other Act the Secretary is authorized to carry out
such programs. It also authorizes the Secretary to use provisions of
the Stevenson-Wydler technology Innovation Act of 1980.
Sec. 602. Limits on use of funds
Subsection 602(a) prohibits the use of funds authorized by this Act
to award, amend, or modify a contract of the Department in a manner
that deviates from the Federal Acquisition Regulation unless the
Secretary grants, on a case-by-case basis, a waiver to allow for such a
deviation. The Secretary may not delegate the authority to grant such a
waiver. It also requires that at least 60 days before a contract award,
amendment, or modification for which the Secretary intends to grant
such a waiver, the Secretary shall submit to congressional committees a
report notifying the committees of the waiver and setting forth the
reasons for the waiver.
Subsection 602(c) prohibits DOE from using of funds 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.
Subsection 602(d) prohibits DOE from using funds to initiate
Requests for Proposals (RFPs) for unauthorized programs, projects, or
activities.
Subsection 602(e) prohibits DOE from using funds, either directly
or indirectly, to fund a grant, contract, subcontract or any other form
of financial assistance awarded by the Department to a trade
association on a noncompetitive basis.
Sec. 603. Cost sharing
Section 603 requires non-Federal cost-sharing of at least: (a) 20
percent of R&D carried out by industry; and (b) 50 percent of any
demonstration of commercial application program, project, or activity.
Sec. 604. Limitations on demonstrations and commercial application of
energy technology
Section 604 requires the Secretary to provide funding only for
demonstration or commercial application programs, projects and
activities for technologies or processes that can reasonably be
expected to yield new, measurable benefits to the cost, efficiency, or
performance of the technology or process.
Sec. 605. Reprogramming
Section 605 prohibits the reprogramming of funds in excess of 105
percent of the amount authorized for a program, project, or activity,
or in excess of $0.25 million above the amount authorized for the
program, program, project, or activity until the Secretary submits a
report to the appropriate congressional committees and a period of 30
days has elapsed after the date on which the report is received.
subtitle b--other miscellaneous provisions
Sec. 611. Notice of reorganization
Section 611 requires the Secretary to provide notice to Congress
not later than 15 days before any reorganization of certain research
projects.
Sec. 612. Limits on general plant projects
Section 612 requires the Secretary to halt the construction of a
civilian energy or scientific research, development, or demonstration
or related commercial application of energy technology ``general plant
project'' if the estimated cost of the project (including any
revisions) exceeds $2,000,000 unless the Secretary has furnished a
complete report to the appropriate congressional committees explaining
the project and the reasons for the estimate or revision.
Sec. 613. Limits on construction projects
Section 613 prohibits construction on a civilian energy or
scientific research, development, or demonstration or related
commercial application of energy technology construction project for
which funding has been specifically authorized by law to be initiated
and continued if the estimated cost for the project exceeds 110 percent
of the higher of: (1) the amount authorized for the project, or (2) the
most recent total estimated cost presented to the Congress as
justification for such project. To exceed such limits, the Secretary
must report in detail to the appropriate congressional committees and
the report must be before the committees for 30 legislative days
(excluding 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). This
section shall not apply to any construction project that has a current
estimated cost of less than $2,000,000.
Sec. 614. Authority for conceptual design
Section 614 limits the Secretary's authority to request
construction funding in excess of $2,000,000 for a civilian energy or
scientific research, development, or demonstration or related
commercial application of energy technology construction project until
the Secretary has completed a conceptual design for that project.
Furthermore, if the estimated cost of completing a conceptual design
for the construction project exceeds $750,000, the Secretary must
submit a request to Congress for funds for the conceptual design before
submitting a request for the construction project. In addition, the
subsection allows the Secretary to carry out construction design
(including architectural and engineering services) in connection with
any proposed construction project that is in support of a civilian
energy or scientific research, development, or demonstration or related
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; if the total estimated cost for construction
design exceeds $250,000, funds for such design must be specifically
authorized by law.
Sec. 615. National Energy Policy Group mandated reports
Section 615 requires that upon completion of the Secretary's review
of current funding and historic performance of the Department's energy
efficiency, renewable energy, and alternative energy R&D programs in
response to the recommendations of the May 16, 2001, Report of the
National Energy Policy Development Group, the Secretary shall transmit
a report containing the results of such review to the appropriate
congressional committees.
It also requires that 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
recommendations of same report, the Director of the Office of Science
and Technology Policy shall transmit a report containing the results of
such review and recommendations to the appropriate congressional
committees.
Sec. 616. Independent reviews and assessments
Subsection 616(a) requires the Secretary to enter into appropriate
arrangements with the National Academies of Sciences and Engineering to
ensure that there be periodic reviews and assessments of the programs,
projects, and activities authorized by this Act, as well as the goals
for such programs, projects, and activities as established under
section. Such reviews and assessments shall be conducted at least
biennially, and the Secretary shall transmit to the appropriate
congressional committees reports containing the results of such reviews
and assessments.
Under subsection 616(b), not later than 180 days after the date of
the enactment of this Act, the Administrator and the Secretary shall
jointly prepare and transmit to the appropriate congressional
committees a report on the Environmental Protection Agency Office of
Air and Radiation programs authorized under this Act, all programs of
the Office of Energy Efficiency and Renewable Energy, and any programs
of other appropriate offices of the Department that may duplicate the
programs of those 2 offices, that delineates the similarities and
differences between the programs. Such report shall also provide for an
independent, peer-reviewed assessment of the performance goals of these
programs, the progress being made in meeting those goals, and the
accomplishments of these programs.