[DOCID: f:h6pcs.txt]
                                                       Calendar No. 124
109th CONGRESS
  1st Session
                                 H. R. 6


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2005

                                Received

                              June 9, 2005

                 Read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
  To ensure jobs for our future with secure, affordable, and reliable 
                                energy.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy Policy Act 
of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.
Sec. 102. Energy management requirements.
Sec. 103. Energy use measurement and accountability.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy Savings Performance Contracts.
Sec. 107. Voluntary commitments to reduce industrial energy intensity.
Sec. 108. Advanced Building Efficiency Testbed.
Sec. 109. Federal building performance standards.
Sec. 111. Daylight savings.
Sec. 112. Enhancing energy efficiency in management of Federal lands.
            Subtitle B--Energy Assistance and State Programs

Sec. 121. Low Income Home Energy Assistance Program.
Sec. 122. Weatherization assistance.
Sec. 123. State energy programs.
Sec. 124. Energy efficient appliance rebate programs.
Sec. 125. Energy efficient public buildings.
Sec. 126. Low income community energy efficiency pilot program.
                 Subtitle C--Energy Efficient Products

Sec. 131. Energy Star Program.
Sec. 132. HVAC maintenance consumer education program.
Sec. 133. Energy conservation standards for additional products.
Sec. 134. Energy labeling.
Sec. 135. Preemption.
Sec. 136. State consumer product energy efficiency standards.
Sec. 137. Intermittent escalators.
                       Subtitle D--Public Housing

Sec. 141. Capacity building for energy-efficient, affordable housing.
Sec. 142. Increase of CDBG public services cap for energy conservation 
                            and efficiency activities.
Sec. 143. FHA mortgage insurance incentives for energy efficient 
                            housing.
Sec. 144. Public housing capital fund.
Sec. 145. Grants for energy-conserving improvements for assisted 
                            housing.
Sec. 147. Energy-efficient appliances.
Sec. 148. Energy efficiency standards.
Sec. 149. Energy strategy for HUD.
                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Insular areas energy security.
Sec. 205. Use of photovoltaic energy in public buildings.
Sec. 206. Biobased products.
Sec. 207. Renewable energy security.
Sec. 208. Installation of photovoltaic system.
Sec. 209. Sugar cane ethanol pilot program.
                       Subtitle C--Hydroelectric

                     Part I--Alternative conditions

Sec. 231. Alternative conditions and fishways.
                     Part II--Additional hydropower

Sec. 241. Hydroelectric production incentives.
Sec. 242. Hydroelectric efficiency improvement.
Sec. 243. Small hydroelectric power projects.
                    TITLE III--OIL AND GAS--COMMERCE

           Subtitle A--Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum 
                            Reserve and other energy programs.
Sec. 302. National Oilheat Research Alliance.
Sec. 303. Site selection.
Sec. 304. Suspension of Strategic Petroleum Reserve deliveries.
                   Subtitle B--Production Incentives

Sec. 320. Liquefaction or gasification natural gas terminals.
Sec. 327. Hydraulic fracturing.
Sec. 328. Oil and gas exploration and production defined.
Sec. 329. Outer Continental Shelf provisions.
Sec. 330. Appeals relating to pipeline construction or offshore mineral 
                            development projects.
Sec. 332. Natural gas market reform.
Sec. 333. Natural gas market transparency.
Sec. 334. Oil, gas, and mineral industry workers.
                   Subtitle C--Access to Federal Land

Sec. 344. Consultation regarding oil and gas leasing on public land.
Sec. 346. Compliance with Executive Order No. 13211; actions concerning 
                            regulations that significantly affect 
                            energy supply, distribution, or use.
Sec. 355. Encouraging Great Lakes oil and gas drilling ban.
Sec. 358. Federal coalbed methane regulation.
                  Subtitle D--Refining Revitalization

Sec. 371. Short title.
Sec. 372. Findings.
Sec. 373. Purpose.
Sec. 374. Designation of Refinery Revitalization Zones.
Sec. 375. Memorandum of understanding.
Sec. 376. State environmental permitting assistance.
Sec. 377. Coordination and expeditious review of permitting process.
Sec. 378. Compliance with all environmental regulations required.
Sec. 379. Definitions.
                             TITLE IV--COAL

                Subtitle A--Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.
Sec. 402. Project criteria.
Sec. 403. Report.
Sec. 404. Clean Coal Centers of Excellence.
                    Subtitle B--Clean Power Projects

Sec. 411. Coal technology loan.
Sec. 412. Coal gasification.
Sec. 414. Petroleum coke gasification.
Sec. 416. Electron scrubbing demonstration.
                 Subtitle D--Coal and Related Programs

Sec. 441. Clean air coal program.
                         TITLE V--INDIAN ENERGY

Sec. 501. Short title.
Sec. 502. Office of Indian Energy Policy and Programs.
Sec. 503. Indian energy.
Sec. 504. Consultation with Indian tribes.
Sec. 505. Four Corners transmission line project.
                       TITLE VI--NUCLEAR MATTERS

               Subtitle A--Price-Anderson Act Amendments

Sec. 601. Short title.
Sec. 602. Extension of indemnification authority.
Sec. 603. Maximum assessment.
Sec. 604. Department of Energy liability limit.
Sec. 605. Incidents outside the United States.
Sec. 606. Reports.
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors.
Sec. 609. Applicability.
Sec. 610. Prohibition on assumption by United States Government of 
                            liability for certain foreign incidents.
Sec. 611. Civil penalties.
Sec. 612. Financial accountability.
                  Subtitle B--General Nuclear Matters

Sec. 621. Licenses.
Sec. 622. NRC training program.
Sec. 623. Cost recovery from government agencies.
Sec. 624. Elimination of pension offset.
Sec. 625. Antitrust review.
Sec. 626. Decommissioning.
Sec. 627. Limitation on legal fee reimbursement.
Sec. 629. Report on feasibility of developing commercial nuclear energy 
                            generation facilities at existing 
                            Department of Energy sites.
Sec. 630. Uranium sales.
Sec. 631. Cooperative research and development and special 
                            demonstration projects for the uranium 
                            mining industry.
Sec. 632. Whistleblower protection.
Sec. 633. Medical isotope production.
Sec. 634. Fernald byproduct material.
Sec. 635. Safe disposal of greater-than-class c radioactive waste.
Sec. 636. Prohibition on nuclear exports to countries that sponsor 
                            terrorism.
Sec. 638. National uranium stockpile.
Sec. 639. Nuclear Regulatory Commission meetings.
Sec. 640. Employee benefits.
         Subtitle C--Additional Hydrogen Production Provisions

Sec. 651. Hydrogen production programs.
Sec. 652. Definitions.
                      Subtitle D--Nuclear Security

Sec. 661. Nuclear facility threats.
Sec. 662. Fingerprinting for criminal history record checks.
Sec. 663. Use of firearms by security personnel of licensees and 
                            certificate holders of the Commission.
Sec. 664. Unauthorized introduction of dangerous weapons.
Sec. 665. Sabotage of nuclear facilities or fuel.
Sec. 666. Secure transfer of nuclear materials.
Sec. 667. Department of Homeland Security consultation.
Sec. 668. Authorization of appropriations.
                     TITLE VII--VEHICLES AND FUELS

                     Subtitle A--Existing Programs

Sec. 701. Use of alternative fuels by dual-fueled vehicles.
Sec. 704. Incremental cost allocation.
Sec. 705. Lease condensates.
Sec. 706. Review of Energy Policy Act of 1992 programs.
Sec. 707. Report concerning compliance with alternative fueled vehicle 
                            purchasing requirements.
  Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

                        Part 1--Hybrid vehicles

Sec. 711. Hybrid vehicles.
Sec. 712. Hybrid retrofit and electric conversion program.
Sec. 713. Efficient hybrid and advanced diesel vehicles.
                       Part 2--Advanced vehicles

Sec. 721. Definitions.
Sec. 722. Pilot program.
Sec. 723. Reports to Congress.
Sec. 724. Authorization of appropriations.
                        Part 3--Fuel cell buses

Sec. 731. Fuel cell transit bus demonstration.
                     Subtitle C--Clean School Buses

Sec. 741. Definitions.
Sec. 742. Program for replacement of certain school buses with clean 
                            school buses.
Sec. 743. Diesel retrofit program.
Sec. 743A. Diesel truck retrofit and fleet modernization program.
Sec. 744. Fuel cell school buses.
                       Subtitle D--Miscellaneous

Sec. 751. Railroad efficiency.
Sec. 752. Mobile emission reductions trading and crediting.
Sec. 753. Aviation fuel conservation and emissions.
Sec. 754. Diesel fueled vehicles.
Sec. 755. Conserve by bicycling program.
Sec. 756. Reduction of engine idling of heavy-duty vehicles.
Sec. 757. Biodiesel engine testing program.
Sec. 758. High occupancy vehicle exception.
Sec. 759. Ultra-efficient engine technology for aircraft.
                   Subtitle E--Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and 
                            enforcement of fuel economy standards.
Sec. 772. Revised considerations for decisions on maximum feasible 
                            average fuel economy.
Sec. 773. Extension of maximum fuel economy increase for alternative 
                            fueled vehicles.
Sec. 774. Study of feasibility and effects of reducing use of fuel for 
                            automobiles.
Sec. 775. Update testing procedures.
                          TITLE VIII--HYDROGEN

Sec. 801. Definitions.
Sec. 802. Plan.
Sec. 803. Programs.
Sec. 804. Interagency task force.
Sec. 805. Advisory Committee.
Sec. 806. External review.
Sec. 807. Miscellaneous provisions.
Sec. 808. Savings clause.
Sec. 809. Authorization of appropriations.
Sec. 810. Solar and wind technologies.
Sec. 811. Hydrogen fuel cell buses.
                   TITLE IX--RESEARCH AND DEVELOPMENT

Sec. 900. Short title; definitions.
                      Subtitle A--Science Programs

Sec. 901. Office of Science programs.
Sec. 902. Systems biology program.
Sec. 903. Catalysis Research and Development Program.
Sec. 904. Hydrogen.
Sec. 905. Advanced scientific computing research.
Sec. 906.  Fusion Energy Sciences program.
Sec. 907. Science and Technology Scholarship Program.
Sec. 908. Office of Scientific and Technical Information.
Sec. 909. Science and engineering pilot program.
Sec. 910. Authorization of appropriations.
           Subtitle B--Research Administration and Operations

Sec. 911. Cost Sharing.
Sec. 912. Reprogramming.
Sec. 913. Merit-based competition.
Sec. 914. External technical review of departmental programs.
Sec. 915. Competitive award of management contracts.
Sec. 916. National Laboratory designation.
Sec. 917. Report on equal employment opportunity practices.
Sec. 918. User facility best practices plan.
Sec. 919. Support for science and energy infrastructure and facilities.
Sec. 920. Coordination plan.
Sec. 921. Availability of funds.
                     Subtitle C--Energy Efficiency

             Chapter 1--Vehicles, Buildings, and Industries

Sec. 922. Programs.
Sec. 923. Vehicles.
Sec. 924. Buildings.
Sec. 925. Industries.
Sec. 926. Demonstration and commercial application.
Sec. 927. Secondary electric vehicle battery use program.
Sec. 928. Next generation lighting initiative.
Sec. 929. Definitions.
Sec. 930. Authorization of appropriations.
Sec. 931. Limitation on use of funds.
       Chapter 2--Distributed Energy and Electric Energy Systems

Sec. 932. Distributed energy.
Sec. 933. Electricity transmission and distribution and energy 
                            assurance.
Sec. 933A. Advanced portable power devices.
Sec. 934. Authorization of appropriations.
                      Subtitle D--Renewable energy

Sec. 935. Findings.
Sec. 936. Definitions.
Sec. 937. Programs.
Sec. 938. Solar.
Sec. 939. Bioenergy programs.
Sec. 940. Wind.
Sec. 941. Geothermal.
Sec. 942. Photovoltaic demonstration program.
Sec. 943. Additional programs.
Sec. 944. Analysis and evaluation.
Sec. 945. Authorization of appropriations.
                  Subtitle E--Nuclear Energy Programs

Sec. 946. Definition.
Sec. 947. Programs.
              Chapter 1--Nuclear Energy Research Programs

Sec. 948. Advanced fuel recycling program.
Sec. 949. University nuclear science and engineering support.
Sec. 950. University-National Laboratory interactions.
Sec. 951. Nuclear Power 2010 Program.
Sec. 952. Generation IV Nuclear Energy Systems Initiative.
Sec. 953. Civilian infrastructure and facilities.
Sec. 954. Nuclear energy research and development infrastructure plan.
Sec. 955. Idaho National Laboratory facilities plan.
Sec. 956. Authorization of appropriations.
            Chapter 2--Next Generation Nuclear Plant Program

Sec. 957. Definitions.
Sec. 958. Next generation nuclear power plant.
Sec. 959. Advisory committee.
Sec. 960. Program requirements.
Sec. 961. Authorization of appropriations.
                       Subtitle F--Fossil Energy

                      Chapter 1--Research Programs

Sec. 962. Enhanced fossil energy research and development programs.
Sec. 963. Fossil research and development.
Sec. 964. Oil and gas research and development.
Sec. 965. Transportation fuels.
Sec. 966. Fuel cells.
Sec. 967. Carbon dioxide capture research and development.
Sec. 968. Authorization of appropriations.
Sec. 968A. Western michigan demonstration project.
Sec. 968B. Western hemisphere energy cooperation.
Sec. 968C. Arctic engineering research center.
Sec. 968D. Barrow geophysical research facility.
  Chapter 2--Ultra-Deepwater and Unconventional Natural Gas and Other 
                          Petroleum Resources

Sec. 969. Program authority.
Sec. 970. Ultra-deepwater and unconventional onshore natural gas and 
                            other petroleum research and development 
                            program.
Sec. 971. Additional requirements for awards.
Sec. 972. Advisory committees.
Sec. 973. Limits on participation.
Sec. 974. Sunset.
Sec. 975. Definitions.
Sec. 976. Funding.
                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1002. Other transactions authority.
Sec. 1003. University collaboration.
Sec. 1004. Sense of Congress.
                         TITLE XII--ELECTRICITY

Sec. 1201. Short title.
                   Subtitle A--Reliability Standards

Sec. 1211. Electric reliability standards.
         Subtitle B--Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.
Sec. 1222. Third-party finance.
Sec. 1223. Transmission system monitoring.
Sec. 1224. Advanced transmission technologies.
Sec. 1225. Electric transmission and distribution programs.
Sec. 1226. Advanced Power System Technology Incentive Program.
Sec. 1227. Office of Electric Transmission and Distribution.
            Subtitle C--Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.
Sec. 1232. Sense of Congress on Regional Transmission Organizations.
Sec. 1233. Regional Transmission Organization applications progress 
                            report.
Sec. 1234. Federal utility participation in Regional Transmission 
                            Organizations.
Sec. 1235. Standard market design.
Sec. 1236. Native load service obligation.
Sec. 1237. Study on the benefits of economic dispatch.
                  Subtitle D--Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.
                    Subtitle E--Amendments to PURPA

Sec. 1251. Net metering and additional standards.
Sec. 1252. Smart metering.
Sec. 1253. Cogeneration and small power production purchase and sale 
                            requirements.
Sec. 1254. Interconnection.
                      Subtitle F--Repeal of PUHCA

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 1264. Federal access to books and records.
Sec. 1265. State access to books and records.
Sec. 1266. Exemption authority.
Sec. 1267. Affiliate transactions.
Sec. 1268. Applicability.
Sec. 1269. Effect on other regulations.
Sec. 1270. Enforcement.
Sec. 1271. Savings provisions.
Sec. 1272. Implementation.
Sec. 1273. Transfer of resources.
Sec. 1274. Effective date.
Sec. 1275. Service allocation.
Sec. 1276. Authorization of appropriations.
Sec. 1277. Conforming amendments to the Federal Power Act.
 Subtitle G--Market Transparency, Enforcement, and Consumer Protection

Sec. 1281. Market transparency rules.
Sec. 1282. Market manipulation.
Sec. 1283. Enforcement.
Sec. 1284. Refund effective date.
Sec. 1285. Refund authority.
Sec. 1286. Sanctity of contract.
Sec. 1287. Consumer privacy and unfair trade practices.
                       Subtitle H--Merger Reform

Sec. 1291. Merger review reform and accountability.
Sec. 1292. Electric utility mergers.
                        Subtitle I--Definitions

Sec. 1295. Definitions.
            Subtitle J--Technical and Conforming Amendments

Sec. 1297. Conforming amendments.
                     Subtitle K--Economic Dispatch

Sec. 1298. Economic dispatch.
                   TITLE XIII--ENERGY TAX INCENTIVES

Sec. 1300. Short title; etc.
            Subtitle A--Energy Infrastructure Tax Incentives

Sec. 1301. Natural gas gathering lines treated as 7-year property.
Sec. 1302. Natural gas distribution lines treated as 15-year property.
Sec. 1303. Electric transmission property treated as 15-year property.
Sec. 1304. Expansion of amortization for certain atmospheric pollution 
                            control facilities in connection with 
                            plants first placed in service after 1975.
Sec. 1305. Modification of credit for producing fuel from a 
                            nonconventional source.
Sec. 1306. Modifications to special rules for nuclear decommissioning 
                            costs.
Sec. 1307. Arbitrage rules not to apply to prepayments for natural gas.
Sec. 1308. Determination of small refiner exception to oil depletion 
                            deduction.
            Subtitle B--Miscellaneous Energy Tax Incentives

Sec. 1311. Credit for residential energy efficient property.
Sec. 1312. Credit for business installation of qualified fuel cells.
Sec. 1313. Reduced motor fuel excise tax on certain mixtures of diesel 
                            fuel.
Sec. 1314. Amortization of delay rental payments.
Sec. 1315. Amortization of geological and geophysical expenditures.
Sec. 1316. Advanced lean burn technology motor vehicle credit.
Sec. 1317. Credit for energy efficiency improvements to existing homes.
               Subtitle C--Alternative minimum tax relief

Sec. 1321. New nonrefundable personal credits allowed against regular 
                            and minimum taxes.
Sec. 1322. Certain business energy credits allowed against regular and 
                            minimum taxes.
                        TITLE XIV--MISCELLANEOUS

                      Subtitle C--Other Provisions

Sec. 1441. Continuation of transmission security order.
Sec. 1442. Review of agency determinations.
Sec. 1443. Attainment dates for downwind ozone nonattainment areas.
Sec. 1444. Energy production incentives.
Sec. 1446. Regulation of certain oil used in transformers.
Sec. 1447. Risk assessments.
Sec. 1448. Oxygen-fuel.
Sec. 1449. Petrochemical and oil refinery facility health assessment.
Sec. 1450. United States-Israel cooperation.
Sec. 1451. Carbon-based fuel cell development.
Sec. 1452. National priority project designation.
                   TITLE XV--ETHANOL AND MOTOR FUELS

                     Subtitle A--General Provisions

Sec. 1501. Renewable content of motor vehicle fuel.
Sec. 1502. Fuels safe harbor.
Sec. 1503. Findings and MTBE transition assistance.
Sec. 1504. Use of MTBE.
Sec. 1505. National Academy of Sciences review and presidential 
                            determination.
Sec. 1506. Elimination of oxygen content requirement for reformulated 
                            gasoline.
Sec. 1507. Analyses of motor vehicle fuel changes.
Sec. 1508. Data collection.
Sec. 1509. Reducing the proliferation of State fuel controls.
Sec. 1510. Fuel system requirements harmonization study.
Sec. 1511. Commercial byproducts from municipal solid waste and 
                            cellulosic biomass loan guarantee program.
Sec. 1512. Conversion assitance for cellulosic biomass, waste-derived 
                            ethanol, approved renewable fuels.
Sec. 1513. Blending of compliant reformulated gasolines.
            Subtitle B--Underground Storage Tank Compliance

Sec. 1521. Short title.
Sec. 1522. Leaking underground storage tanks.
Sec. 1523. Inspection of underground storage tanks.
Sec. 1524. Operator training.
Sec. 1525. Remediation from oxygenated fuel additives.
Sec. 1526. Release prevention, compliance, and enforcement.
Sec. 1527. Delivery prohibition.
Sec. 1528. Federal facilities.
Sec. 1529. Tanks on Tribal lands.
Sec. 1530. Additional measures to protect groundwater.
Sec. 1531. Authorization of appropriations.
Sec. 1532. Conforming amendments.
Sec. 1533. Technical amendments.
                       Subtitle C--Boutique Fuels

Sec. 1541. Reducing the proliferation of boutique fuels.
                           TITLE XVI--STUDIES

Sec. 1601. Study on inventory of petroleum and natural gas storage.
Sec. 1605. Study of energy efficiency standards.
Sec. 1606. Telecommuting study.
Sec. 1607. LIHEAP report.
Sec. 1608. Oil bypass filtration technology.
Sec. 1609. Total integrated thermal systems.
Sec. 1610. University collaboration.
Sec. 1611. Reliability and consumer protection assessment.
Sec. 1612. Report on energy integration with Latin America.
Sec. 1613. Low-volume gas reservoir study.
Sec. 1614. Consolidation of gasoline industry.
Sec. 1615. Study of fuel savings from information technology for 
                            transportation.
Sec. 1616. Feasibility study of mustard seed biodiesel.
                TITLE XVII--RENEWABLE ENERGY--RESOURCES

Sec. 1701. Grants to improve the commercial value of forest biomass for 
                            electric energy, useful heat, 
                            transportation fuels, petroleum-based 
                            product substitutes, and other commercial 
                            purposes.
Sec. 1702. Environmental review for renewable energy projects.
Sec. 1703. Sense of Congress regarding generation capacity of 
                            electricity from renewable energy resources 
                            on public lands.
                     TITLE XVIII--GEOTHERMAL ENERGY

Sec. 1801. Short title.
Sec. 1802. Competitive lease sale requirements.
Sec. 1803. Direct use.
Sec. 1804. Royalties and near-term production incentives.
Sec. 1805. Expediting administrative action for geothermal leasing.
Sec. 1806. Coordination of geothermal leasing and permitting on Federal 
                            lands.
Sec. 1807. Review and report to Congress.
Sec. 1808. Reimbursement for costs of NEPA analyses, documentation, and 
                            studies.
Sec. 1809. Assessment of geothermal energy potential.
Sec. 1810. Cooperative or unit plans.
Sec. 1811. Royalty on byproducts.
Sec. 1812. Repeal of authorities of Secretary to readjust terms, 
                            conditions, rentals, and royalties.
Sec. 1813. Crediting of rental toward royalty.
Sec. 1814. Lease duration and work commitment requirements.
Sec. 1815. Advanced royalties required for suspension of production.
Sec. 1816. Annual rental.
Sec. 1817. Deposit and use of geothermal lease revenues for 5 fiscal 
                            years.
Sec. 1818. Repeal of acreage limitations.
Sec. 1819. Technical amendments.
Sec. 1820. Intermountain West Geothermal Consortium.
                    TITLE XIX--HYDROPOWER--RESOURCES

Sec. 1901. Increased hydroelectric generation at existing Federal 
                            facilities.
Sec. 1902. Shift of project loads to off-peak periods.
Sec. 1903. Report identifying and describing the status of potential 
                            hydropower facilities.
                    TITLE XX--OIL AND GAS--RESOURCES

                   Subtitle A--Production incentives

Sec. 2001. Definition of Secretary.
Sec. 2002. Program on oil and gas royalties in-kind.
Sec. 2003. Marginal property production incentives.
Sec. 2004. Incentives for natural gas production from deep wells in the 
                            shallow waters of the Gulf of Mexico.
Sec. 2005. Royalty relief for deep water production.
Sec. 2006. Alaska offshore royalty suspension.
Sec. 2007. Oil and gas leasing in the National Petroleum Reserve in 
                            Alaska.
Sec. 2008. Orphaned, abandoned, or idled wells on Federal land.
Sec. 2009. Combined hydrocarbon leasing.
Sec. 2010. Alternate energy-related uses on the outer Continental 
                            Shelf.
Sec. 2011. Preservation of geological and geophysical data.
Sec. 2012. Oil and gas lease acreage limitations.
Sec. 2013. Deadline for decision on appeals of consistency 
                            determination under the Coastal Zone 
                            Management Act of 1972.
Sec. 2014. Reimbursement for costs of NEPA analyses, documentation, and 
                            studies.
Sec. 2015. Gas hydrate production incentive.
Sec. 2016. Onshore deep gas production incentive.
Sec. 2017. Enhanced oil and natural gas production incentive.
Sec. 2018. Oil shale.
Sec. 2019. Use of information about oil and gas public challenges.
                   Subtitle B--Access to Federal land

Sec. 2021. Office of Federal Energy Project Coordination.
Sec. 2022. Federal onshore oil and gas leasing and permitting 
                            practices.
Sec. 2023. Management of Federal oil and gas leasing programs.
Sec. 2024. Consultation regarding oil and gas leasing on public land.
Sec. 2025. Estimates of oil and gas resources underlying onshore 
                            Federal land.
Sec. 2026. Pilot project to improve Federal permit coordination.
Sec. 2027. Deadline for consideration of applications for permits.
Sec. 2028. Clarification of fair market rental value determinations for 
                            public land and Forest Service rights-of-
                            way.
Sec. 2029. Energy facility rights-of-way and corridors on Federal land.
Sec. 2030. Consultation regarding energy rights-of-way on public land.
Sec. 2031. Electricity transmission line right-of-way, Cleveland 
                            National Forest and adjacent public land, 
                            California.
Sec. 2032. Sense of Congress regarding development of minerals under 
                            Padre Island National Seashore.
Sec. 2033. Livingston Parish mineral rights transfer.
                  Subtitle C--Naval Petroleum Reserves

Sec. 2041. Transfer of administrative jurisdiction and environmental 
                            remediation, Naval Petroleum Reserve 
                            Numbered 2, Kern County, California.
Sec. 2042. Land conveyance, portion of Naval Petroleum Reserve Numbered 
                            2, to City of Taft, California.
Sec. 2043. Revocation of land withdrawal.
Sec. 2044. Effect of transfer and conveyance.
                  Subtitle D--Miscellaneous Provisions

Sec. 2051. Split-estate Federal oil and gas leasing and development 
                            practices.
Sec. 2052. Royalty payments under leases under the Outer Continental 
                            Shelf Lands Act.
Sec. 2053. Domestic offshore energy reinvestment.
Sec. 2054. Repurchase of leases that are not allowed to be explored or 
                            developed.
Sec. 2055. Limitation on required review under NEPA.
                       TITLE XXI--COAL--RESOURCES

Sec. 2101. Short title.
Sec. 2102. Lease modifications for contiguous coal lands or coal 
                            deposits.
Sec. 2103. Approval of logical mining units.
Sec. 2104. Payment of advance royalties under coal leases.
Sec. 2105. Elimination of deadline for submission of coal lease 
                            operation and reclamation plan.
Sec. 2106. Amendment relating to financial assurances with respect to 
                            bonus bids.
Sec. 2107. Inventory requirement.
Sec. 2108. Application of amendments.
Sec. 2109. Resolution of Federal resource development conflicts in the 
                            Powder River Basin.
            TITLE XXII--ARCTIC COASTAL PLAIN DOMESTIC ENERGY

Sec. 2201. Short title.
Sec. 2202. Definitions.
Sec. 2203. Leasing program for lands within the coastal plain.
Sec. 2204. Lease sales.
Sec. 2205. Grant of leases by the Secretary.
Sec. 2206. Lease terms and conditions.
Sec. 2207. Coastal Plain environmental protection.
Sec. 2208. Expedited judicial review.
Sec. 2209. Federal and State distribution of revenues.
Sec. 2210. Rights-of-way across the Coastal Plain.
Sec. 2211. Conveyance.
Sec. 2212. Local government impact aid and community service 
                            assistance.
                  TITLE XXIII--SET AMERICA FREE (SAFE)

Sec. 2301. Short title.
Sec. 2302. Findings.
Sec. 2303. Purpose.
Sec. 2304. United States Commission on North American Energy Freedom.
Sec. 2305. North American energy freedom policy.
 TITLE XXIV--GRAND CANYON HYDROGEN-POWERED TRANSPORTATION DEMONSTRATION

Sec. 2401. Short title.
Sec. 2402. Definitions.
Sec. 2403. Findings.
Sec. 2404. Research, development, and demonstration program.
Sec. 2405. Reports to Congress.
Sec. 2406. Authorization of appropriations.
                    TITLE XXV--ADDITIONAL PROVISIONS

Sec. 2501. Limitation on rent and other charges with respect to wind 
                            energy development projects on public 
                            lands.

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.

    (a) In General.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding 
at the end the following:

``SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN CONGRESSIONAL 
              BUILDINGS.

    ``(a) In General.--The Architect of the Capitol--
            ``(1) shall develop, update, and implement a cost-effective 
        energy conservation and management plan (referred to in this 
        section as the `plan') for all facilities administered by 
        Congress (referred to in this section as `congressional 
        buildings') to meet the energy performance requirements for 
        Federal buildings established under section 543(a)(1); and
            ``(2) shall submit the plan to Congress, not later than 180 
        days after the date of enactment of this section.
    ``(b) Plan Requirements.--The plan shall include--
            ``(1) a description of the life cycle cost analysis used to 
        determine the cost-effectiveness of proposed energy efficiency 
        projects;
            ``(2) a schedule of energy surveys to ensure complete 
        surveys of all congressional buildings every 5 years to 
        determine the cost and payback period of energy and water 
        conservation measures;
            ``(3) a strategy for installation of life cycle cost-
        effective energy and water conservation measures;
            ``(4) the results of a study of the costs and benefits of 
        installation of submetering in congressional buildings; and
            ``(5) information packages and `how-to' guides for each 
        Member and employing authority of Congress that detail simple, 
        cost-effective methods to save energy and taxpayer dollars in 
        the workplace.
    ``(c) Annual Report.--The Architect of the Capitol shall submit to 
Congress annually a report on congressional energy management and 
conservation programs required under this section that describes in 
detail--
            ``(1) energy expenditures and savings estimates for each 
        facility;
            ``(2) energy management and conservation projects; and
            ``(3) future priorities to ensure compliance with this 
        section.''.
    (b) Table of Contents Amendment.--The table of contents of the 
National Energy Conservation Policy Act is amended by adding at the end 
of the items relating to part 3 of title V the following new item:

``Sec. 552. Energy and water savings measures in congressional 
                            buildings.''.
    (c) Repeal.--Section 310 of the Legislative Branch Appropriations 
Act, 1999 (2 U.S.C. 1815), is repealed.
    (d) Energy Infrastructure.--The Architect of the Capitol, building 
on the Master Plan Study completed in July 2000, shall commission a 
study to evaluate the energy infrastructure of the Capital Complex to 
determine how the infrastructure could be augmented to become more 
energy efficient, using unconventional and renewable energy resources, 
in a way that would enable the Complex to have reliable utility service 
in the event of power fluctuations, shortages, or outages.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Architect of the Capitol to carry out subsection 
(d), $2,000,000 for each of fiscal years 2006 through 2010.

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.

    (a) Energy Reduction Goals.--
            (1) Amendment.--Section 543(a)(1) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended by 
        striking ``its Federal buildings so that'' and all that follows 
        through the end and inserting ``the Federal buildings of the 
        agency (including each industrial or laboratory facility) so 
        that the energy consumption per gross square foot of the 
        Federal buildings of the agency in fiscal years 2006 through 
        2015 is reduced, as compared with the energy consumption per 
        gross square foot of the Federal buildings of the agency in 
        fiscal year 2003, by the percentage specified in the following 
        table:
``Fiscal Year                                      Percentage reduction
  
        2006...................................................      2 
        2007...................................................      4 
        2008...................................................      6 
        2009...................................................      8 
        2010...................................................     10 
        2011...................................................     12 
        2012...................................................     14 
        2013...................................................     16 
        2014...................................................     18 
        2015...................................................  20.''.
            (2) Reporting baseline.--The energy reduction goals and 
        baseline established in paragraph (1) of section 543(a) of the 
        National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)), 
        as amended by this subsection, supersede all previous goals and 
        baselines under such paragraph, and related reporting 
        requirements.
    (b) Review and Revision of Energy Performance Requirement.--Section 
543(a) of the National Energy Conservation Policy Act (42 U.S.C. 
8253(a)) is further amended by adding at the end the following:
    ``(3) Not later than December 31, 2014, the Secretary shall review 
the results of the implementation of the energy performance requirement 
established under paragraph (1) and submit to Congress recommendations 
concerning energy performance requirements for fiscal years 2016 
through 2025.''.
    (c) Exclusions.--Section 543(c)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking 
``An agency may exclude'' and all that follows through the end and 
inserting ``(A) An agency may exclude, from the energy performance 
requirement for a fiscal year established under subsection (a) and the 
energy management requirement established under subsection (b), any 
Federal building or collection of Federal buildings, if the head of the 
agency finds that--
            ``(i) compliance with those requirements would be 
        impracticable;
            ``(ii) the agency has completed and submitted all federally 
        required energy management reports;
            ``(iii) the agency has achieved compliance with the energy 
        efficiency requirements of this Act, the Energy Policy Act of 
        1992, Executive orders, and other Federal law; and
            ``(iv) the agency has implemented all practicable, life 
        cycle cost-effective projects with respect to the Federal 
        building or collection of Federal buildings to be excluded.
    ``(B) A finding of impracticability under subparagraph (A)(i) shall 
be based on--
            ``(i) the energy intensiveness of activities carried out in 
        the Federal building or collection of Federal buildings; or
            ``(ii) the fact that the Federal building or collection of 
        Federal buildings is used in the performance of a national 
        security function.''.
    (d) Review by Secretary.--Section 543(c)(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(2)) is amended--
            (1) by striking ``impracticability standards'' and 
        inserting ``standards for exclusion'';
            (2) by striking ``a finding of impracticability'' and 
        inserting ``the exclusion''; and
            (3) by striking ``energy consumption requirements'' and 
        inserting ``requirements of subsections (a) and (b)(1)''.
    (e) Criteria.--Section 543(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(c)) is further amended by adding at the end 
the following:
    ``(3) Not later than 180 days after the date of enactment of this 
paragraph, the Secretary shall issue guidelines that establish criteria 
for exclusions under paragraph (1).''.
    (f) Retention of Energy and Water Savings.--Section 546 of the 
National Energy Conservation Policy Act (42 U.S.C. 8256) is amended by 
adding at the end the following new subsection:
    ``(e) Retention of Energy and Water Savings.--An agency may retain 
any funds appropriated to that agency for energy expenditures, water 
expenditures, or wastewater treatment expenditures, at buildings 
subject to the requirements of section 543(a) and (b), that are not 
made because of energy savings or water savings. Except as otherwise 
provided by law, such funds may be used only for energy efficiency, 
water conservation, or unconventional and renewable energy resources 
projects.''.
    (g) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in the subsection heading, by inserting ``the President 
        And'' before ``Congress''; and
            (2) by inserting ``President and'' before ``Congress''.
    (h) Conforming Amendment.--Section 550(d) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258b(d)) is amended in the second 
sentence by striking ``the 20 percent reduction goal established under 
section 543(a) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(a)).'' and inserting ``each of the energy reduction goals 
established under section 543(a).''.

SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is further amended by adding at the end the following:
    ``(e) Metering of Energy Use.--
            ``(1) Deadline.--By October 1, 2012, in accordance with 
        guidelines established by the Secretary under paragraph (2), 
        all Federal buildings shall, for the purposes of efficient use 
        of energy and reduction in the cost of electricity used in such 
        buildings, be metered or submetered. Each agency shall use, to 
        the maximum extent practicable, advanced meters or advanced 
        metering devices that provide data at least daily and that 
        measure at least hourly consumption of electricity in the 
        Federal buildings of the agency. Such data shall be 
        incorporated into existing Federal energy tracking systems and 
        made available to Federal facility energy managers.
            ``(2) Guidelines.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the 
                Secretary, in consultation with the Department of 
                Defense, the General Services Administration, 
                representatives from the metering industry, utility 
                industry, energy services industry, energy efficiency 
                industry, energy efficiency advocacy organizations, 
                national laboratories, universities, and Federal 
                facility energy managers, shall establish guidelines 
                for agencies to carry out paragraph (1).
                    ``(B) Requirements for guidelines.--The guidelines 
                shall--
                            ``(i) take into consideration--
                                    ``(I) the cost of metering and 
                                submetering and the reduced cost of 
                                operation and maintenance expected to 
                                result from metering and submetering;
                                    ``(II) the extent to which metering 
                                and submetering are expected to result 
                                in increased potential for energy 
                                management, increased potential for 
                                energy savings and energy efficiency 
                                improvement, and cost and energy 
                                savings due to utility contract 
                                aggregation; and
                                    ``(III) the measurement and 
                                verification protocols of the 
                                Department of Energy;
                            ``(ii) include recommendations concerning 
                        the amount of funds and the number of trained 
                        personnel necessary to gather and use the 
                        metering information to track and reduce energy 
                        use;
                            ``(iii) establish priorities for types and 
                        locations of buildings to be metered and 
                        submetered based on cost-effectiveness and a 
                        schedule of 1 or more dates, not later than 1 
                        year after the date of issuance of the 
                        guidelines, on which the requirements specified 
                        in paragraph (1) shall take effect; and
                            ``(iv) establish exclusions from the 
                        requirements specified in paragraph (1) based 
                        on the de minimis quantity of energy use of a 
                        Federal building, industrial process, or 
                        structure.
            ``(3) Plan.--Not later than 6 months after the date 
        guidelines are established under paragraph (2), in a report 
        submitted by the agency under section 548(a), each agency shall 
        submit to the Secretary a plan describing how the agency will 
        implement the requirements of paragraph (1), including (A) how 
        the agency will designate personnel primarily responsible for 
        achieving the requirements and (B) demonstration by the agency, 
        complete with documentation, of any finding that advanced 
        meters or advanced metering devices, as defined in paragraph 
        (1), are not practicable.''.

SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    (a) Requirements.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), as amended by section 
101, is amended by adding at the end the following:

``SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 7902(a) of title 5, United States Code.
            ``(2) Energy star product.--The term `Energy Star product' 
        means a product that is rated for energy efficiency under an 
        Energy Star program.
            ``(3) Energy star program.--The term `Energy Star program' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act.
            ``(4) FEMP designated product.--The term `FEMP designated 
        product' means a product that is designated under the Federal 
        Energy Management Program of the Department of Energy as being 
        among the highest 25 percent of equivalent products for energy 
        efficiency.
    ``(b) Procurement of Energy Efficient Products.--
            ``(1) Requirement.--To meet the requirements of an agency 
        for an energy consuming product, the head of the agency shall, 
        except as provided in paragraph (2), procure--
                    ``(A) an Energy Star product; or
                    ``(B) a FEMP designated product.
            ``(2) Exceptions.--The head of an agency is not required to 
        procure an Energy Star product or FEMP designated product under 
        paragraph (1) if the head of the agency finds in writing that--
                    ``(A) an Energy Star product or FEMP designated 
                product is not cost-effective over the life of the 
                product taking energy cost savings into account; or
                    ``(B) no Energy Star product or FEMP designated 
                product is reasonably available that meets the 
                functional requirements of the agency.
            ``(3) Procurement planning.--The head of an agency shall 
        incorporate into the specifications for all procurements 
        involving energy consuming products and systems, including 
        guide specifications, project specifications, and construction, 
        renovation, and services contracts that include provision of 
        energy consuming products and systems, and into the factors for 
        the evaluation of offers received for the procurement, criteria 
        for energy efficiency that are consistent with the criteria 
        used for rating Energy Star products and for rating FEMP 
        designated products.
    ``(c) Listing of Energy Efficient Products in Federal Catalogs.--
Energy Star products and FEMP designated products shall be clearly 
identified and prominently displayed in any inventory or listing of 
products by the General Services Administration or the Defense 
Logistics Agency. The General Services Administration or the Defense 
Logistics Agency shall supply only Energy Star products or FEMP 
designated products for all product categories covered by the Energy 
Star program or the Federal Energy Management Program, except in cases 
where the agency ordering a product specifies in writing that no Energy 
Star product or FEMP designated product is available to meet the 
buyer's functional requirements, or that no Energy Star product or FEMP 
designated product is cost-effective for the intended application over 
the life of the product, taking energy cost savings into account.
    ``(d) Specific Products.--(1) In the case of electric motors of 1 
to 500 horsepower, agencies shall select only premium efficient motors 
that meet a standard designated by the Secretary. The Secretary shall 
designate such a standard not later than 120 days after the date of the 
enactment of this section, after considering the recommendations of 
associated electric motor manufacturers and energy efficiency groups.
    ``(2) All Federal agencies are encouraged to take actions to 
maximize the efficiency of air conditioning and refrigeration 
equipment, including appropriate cleaning and maintenance, including 
the use of any system treatment or additive that will reduce the 
electricity consumed by air conditioning and refrigeration equipment. 
Any such treatment or additive must be--
            ``(A) determined by the Secretary to be effective in 
        increasing the efficiency of air conditioning and refrigeration 
        equipment without having an adverse impact on air conditioning 
        performance (including cooling capacity) or equipment useful 
        life;
            ``(B) determined by the Administrator of the Environmental 
        Protection Agency to be environmentally safe; and
            ``(C) shown to increase seasonal energy efficiency ratio 
        (SEER) or energy efficiency ratio (EER) when tested by the 
        National Institute of Standards and Technology according to 
        Department of Energy test procedures without causing any 
        adverse impact on the system, system components, the 
        refrigerant or lubricant, or other materials in the system.
Results of testing described in subparagraph (C) shall be published in 
the Federal Register for public review and comment. For purposes of 
this section, a hardware device or primary refrigerant shall not be 
considered an additive.
    ``(e) Regulations.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall issue guidelines to 
carry out this section.''.
    (b) Conforming Amendment.--The table of contents of the National 
Energy Conservation Policy Act is further amended by inserting after 
the item relating to section 552 the following new item:

``Sec. 553. Federal procurement of energy efficient products.''.

SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Limitations.--
            (1) In general.--Section 801(a)(2) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by 
        adding at the end the following subparagraph:
    ``(E) All Federal agencies combined may not, after the date of 
enactment of the Energy Policy Act of 2005, enter into more than a 
total of 100 contracts under this title. Payments made by the Federal 
Government under all contracts permitted by this subparagraph combined 
shall not exceed a total of $500,000,000. Each Federal agency shall 
appoint a coordinator for Energy Savings Performance Contracts with the 
responsibility to monitor the number of such contracts for that Federal 
agency and the investment value of each contract. The coordinators for 
each Federal agency shall meet monthly and report to the Office of 
Management and Budget to ensure that the limits specified in this 
subparagraph on the number of contracts and the payments made for the 
contracts are not exceeded. No Federal agency shall enter into a 
contract under this title unless the Office of Management and Budget 
has approved such contract.''.
            (2) Definition.--Section 804(1) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c(1)) is amended to read 
        as follows:
            ``(1) The term `Federal agency' means the Department of 
        Defense, the Department of Veterans Affairs, and the Department 
        of Energy.''.
            (3) Validity of contracts.--The amendments made by this 
        subsection shall not affect the validity of contracts entered 
        into under title VIII of the National Energy Conservation 
        Policy Act (42 U.S.C. 8287 et seq.) before the date of 
        enactment of this Act, or of contracts described in subsection 
        (c).
    (b) Permanent Extension.--Effective October 1, 2006, section 801(c) 
of the National Energy Conservation Policy Act (42 U.S.C. 8287(c)) is 
repealed.
    (c) Extension of Authority.--Any energy savings performance 
contract entered into under section 801 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2006, and 
before the date of enactment of this Act, shall be deemed to have been 
entered into pursuant to such section 801 as amended by subsection (a) 
of this section.

SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.

    (a) Voluntary Agreements.--The Secretary of Energy is authorized to 
enter into voluntary agreements with 1 or more persons in industrial 
sectors that consume significant amounts of primary energy per unit of 
physical output to reduce the energy intensity of their production 
activities by a significant amount relative to improvements in each 
sector in recent years.
    (b) Recognition.--The Secretary of Energy, in cooperation with the 
Administrator of the Environmental Protection Agency and other 
appropriate Federal agencies, shall recognize and publicize the 
achievements of participants in voluntary agreements under this 
section.
    (c) Definition.--In this section, the term ``energy intensity'' 
means the primary energy consumed per unit of physical output in an 
industrial process.

SEC. 108. ADVANCED BUILDING EFFICIENCY TESTBED.

    (a) Establishment.--The Secretary of Energy, in consultation with 
the Administrator of General Services, shall establish an Advanced 
Building Efficiency Testbed program for the development, testing, and 
demonstration of advanced engineering systems, components, and 
materials to enable innovations in building technologies. The program 
shall evaluate efficiency concepts for government and industry 
buildings, and demonstrate the ability of next generation buildings to 
support individual and organizational productivity and health 
(including by improving indoor air quality) as well as flexibility and 
technological change to improve environmental sustainability. Such 
program shall complement and not duplicate existing national programs.
    (b) Participants.--The program established under subsection (a) 
shall be led by a university with the ability to combine the expertise 
from numerous academic fields including, at a minimum, intelligent 
workplaces and advanced building systems and engineering, electrical 
and computer engineering, computer science, architecture, urban design, 
and environmental and mechanical engineering. Such university shall 
partner with other universities and entities who have established 
programs and the capability of advancing innovative building efficiency 
technologies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$6,000,000 for each of the fiscal years 2006 through 2008, to remain 
available until expended. For any fiscal year in which funds are 
expended under this section, the Secretary shall provide \1/3\ of the 
total amount to the lead university described in subsection (b), and 
provide the remaining \2/3\ to the other participants referred to in 
subsection (b) on an equal basis.

SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS.

    Section 305(a) of the Energy Conservation and Production Act (42 
U.S.C. 6834(a)) is amended--
            (1) in paragraph (2)(A), by striking ``CABO Model Energy 
        Code, 1992'' and inserting ``the 2003 International Energy 
        Conservation Code''; and
            (2) by adding at the end the following:
    ``(3) Revised Federal Building Energy Efficiency Performance 
Standards.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary of Energy shall 
        establish, by rule, revised Federal building energy efficiency 
        performance standards that require that--
                    ``(i) if life-cycle cost-effective, for new Federal 
                buildings--
                            ``(I) such buildings be designed so as to 
                        achieve energy consumption levels at least 30 
                        percent below those of the version current as 
                        of the date of enactment of this paragraph of 
                        the ASHRAE Standard or the International Energy 
                        Conservation Code, as appropriate; and
                            ``(II) sustainable design principles are 
                        applied to the siting, design, and construction 
                        of all new and replacement buildings; and
                    ``(ii) where water is used to achieve energy 
                efficiency, water conservation technologies shall be 
                applied to the extent they are life-cycle cost 
                effective.
            ``(B) Additional revisions.--Not later than 1 year after 
        the date of approval of each subsequent revision of the ASHRAE 
        Standard or the International Energy Conservation Code, as 
        appropriate, the Secretary of Energy shall determine, based on 
        the cost-effectiveness of the requirements under the 
        amendments, whether the revised standards established under 
        this paragraph should be updated to reflect the amendments.
            ``(C) Statement on compliance of new buildings.--In the 
        budget request of the Federal agency for each fiscal year and 
        each report submitted by the Federal agency under section 
        548(a) of the National Energy Conservation Policy Act (42 
        U.S.C. 8258(a)), the head of each Federal agency shall 
        include--
                    ``(i) a list of all new Federal buildings owned, 
                operated, or controlled by the Federal agency; and
                    ``(ii) a statement concerning whether the Federal 
                buildings meet or exceed the revised standards 
                established under this paragraph.''.

SEC. 111. DAYLIGHT SAVINGS.

    (a) Repeal.--Section 3(a) of the Uniform Time Act of 1966 (15 
U.S.C. 260a(a)) is amended--
            (1) by striking ``April'' and inserting ``March''; and
            (2) by striking ``October'' and inserting ``November''.
    (b) Report to Congress.--Not later than 9 months after the date of 
enactment of this Act, the Secretary of Energy shall report to Congress 
on the impact this section on energy consumption in the United States.

SEC. 112. ENHANCING ENERGY EFFICIENCY IN MANAGEMENT OF FEDERAL LANDS.

    (a) Sense of the Congress.--It is the sense of the Congress that 
Federal agencies should enhance the use of energy efficient 
technologies in the management of natural resources.
    (b) Energy Efficient Buildings.--To the extent practicable, the 
Secretary of the Interior, the Secretary of Commerce, and the Secretary 
of Agriculture shall seek to incorporate energy efficient technologies 
in public and administrative buildings associated with management of 
the National Park System, National Wildlife Refuge System, National 
Forest System, National Marine Sanctuaries System, and other public 
lands and resources managed by the Secretaries.
    (c) Energy Efficient Vehicles.--To the extent practicable, the 
Secretary of the Interior, the Secretary of Commerce, and the Secretary 
of Agriculture shall seek to use energy efficient motor vehicles, 
including vehicles equipped with biodiesel or hybrid engine 
technologies, in the management of the National Park System, National 
Wildlife Refuge System, National Forest System, National Marine 
Sanctuaries System, and other public lands and resources managed by the 
Secretaries.

            Subtitle B--Energy Assistance and State Programs

SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM.

    (a) Authorization of Appropriations.--Section 2602(b) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is 
amended by striking ``and $2,000,000,000 for each of fiscal years 2002 
through 2004'' and inserting ``and $5,100,000,000 for each of fiscal 
years 2005 through 2007''.
    (b) Renewable Fuels.--The Low-Income Home Energy Assistance Act of 
1981 (42 U.S.C. 8621 et seq.) is amended by adding at the end the 
following new section:

                           ``renewable fuels

    ``Sec. 2612. In providing assistance pursuant to this title, a 
State, or any other person with which the State makes arrangements to 
carry out the purposes of this title, may purchase renewable fuels, 
including biomass.''.
    (c) Report to Congress.--The Secretary of Energy shall report to 
Congress on the use of renewable fuels in providing assistance under 
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
seq.).

SEC. 122. WEATHERIZATION ASSISTANCE.

    (a) Authorization of Appropriations.--Section 422 of the Energy 
Conservation and Production Act (42 U.S.C. 6872) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$500,000,000 for fiscal year 2006, $600,000,000 for 
fiscal year 2007, and $700,000,000 for fiscal year 2008''.
    (b) Eligibility.--Section 412(7) of the Energy Conservation and 
Production Act (42 U.S.C. 6862(7)) is amended by striking ``125 
percent'' both places it appears and inserting ``150 percent''.

SEC. 123. STATE ENERGY PROGRAMS.

    (a) State Energy Conservation Plans.--Section 362 of the Energy 
Policy and Conservation Act (42 U.S.C. 6322) is amended by inserting at 
the end the following new subsection:
    ``(g) The Secretary shall, at least once every 3 years, invite the 
Governor of each State to review and, if necessary, revise the energy 
conservation plan of such State submitted under subsection (b) or (e). 
Such reviews should consider the energy conservation plans of other 
States within the region, and identify opportunities and actions 
carried out in pursuit of common energy conservation goals.''.
    (b) State Energy Efficiency Goals.--Section 364 of the Energy 
Policy and Conservation Act (42 U.S.C. 6324) is amended to read as 
follows:

                    ``state energy efficiency goals

    ``Sec. 364. Each State energy conservation plan with respect to 
which assistance is made available under this part on or after the date 
of enactment of the Energy Policy Act of 2005 shall contain a goal, 
consisting of an improvement of 25 percent or more in the efficiency of 
use of energy in the State concerned in calendar year 2012 as compared 
to calendar year 1990, and may contain interim goals.''.
    (c) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$100,000,000 for each of the fiscal years 2006 and 2007 
and $125,000,000 for fiscal year 2008''.

SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' means a 
        State that meets the requirements of subsection (b).
            (2) Energy star program.--The term ``Energy Star program'' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act.
            (3) Residential energy star product.--The term 
        ``residential Energy Star product'' means a product for a 
        residence that is rated for energy efficiency under the Energy 
        Star program.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (5) State energy office.--The term ``State energy office'' 
        means the State agency responsible for developing State energy 
        conservation plans under section 362 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6322).
            (6) State program.--The term ``State program'' means a 
        State energy efficient appliance rebate program described in 
        subsection (b)(1).
    (b) Eligible States.--A State shall be eligible to receive an 
allocation under subsection (c) if the State--
            (1) establishes (or has established) a State energy 
        efficient appliance rebate program to provide rebates to 
        residential consumers for the purchase of residential Energy 
        Star products to replace used appliances of the same type;
            (2) submits an application for the allocation at such time, 
        in such form, and containing such information as the Secretary 
        may require; and
            (3) provides assurances satisfactory to the Secretary that 
        the State will use the allocation to supplement, but not 
        supplant, funds made available to carry out the State program.
    (c) Amount of Allocations.--
            (1) In general.--Subject to paragraph (2), for each fiscal 
        year, the Secretary shall allocate to the State energy office 
        of each eligible State to carry out subsection (d) an amount 
        equal to the product obtained by multiplying the amount made 
        available under subsection (f) for the fiscal year by the ratio 
        that the population of the State in the most recent calendar 
        year for which data are available bears to the total population 
        of all eligible States in that calendar year.
            (2) Minimum allocations.--For each fiscal year, the amounts 
        allocated under this subsection shall be adjusted 
        proportionately so that no eligible State is allocated a sum 
        that is less than an amount determined by the Secretary.
    (d) Use of Allocated Funds.--The allocation to a State energy 
office under subsection (c) may be used to pay up to 50 percent of the 
cost of establishing and carrying out a State program.
    (e) Issuance of Rebates.--Rebates may be provided to residential 
consumers that meet the requirements of the State program. The amount 
of a rebate shall be determined by the State energy office, taking into 
consideration--
            (1) the amount of the allocation to the State energy office 
        under subsection (c);
            (2) the amount of any Federal or State tax incentive 
        available for the purchase of the residential Energy Star 
        product; and
            (3) the difference between the cost of the residential 
        Energy Star product and the cost of an appliance that is not a 
        residential Energy Star product, but is of the same type as, 
        and is the nearest capacity, performance, and other relevant 
        characteristics (as determined by the State energy office) to, 
        the residential Energy Star product.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of the fiscal years 2006 through 2010.

SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS.

    (a) Grants.--The Secretary of Energy may make grants to the State 
agency responsible for developing State energy conservation plans under 
section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322), 
or, if no such agency exists, a State agency designated by the Governor 
of the State, to assist units of local government in the State in 
improving the energy efficiency of public buildings and facilities--
            (1) through construction of new energy efficient public 
        buildings that use at least 30 percent less energy than a 
        comparable public building constructed in compliance with 
        standards prescribed in the most recent version of the 
        International Energy Conservation Code, or a similar State code 
        intended to achieve substantially equivalent efficiency levels; 
        or
            (2) through renovation of existing public buildings to 
        achieve reductions in energy use of at least 30 percent as 
        compared to the baseline energy use in such buildings prior to 
        renovation, assuming a 3-year, weather-normalized average for 
        calculating such baseline.
    (b) Administration.--State energy offices receiving grants under 
this section shall--
            (1) maintain such records and evidence of compliance as the 
        Secretary may require; and
            (2) develop and distribute information and materials and 
        conduct programs to provide technical services and assistance 
        to encourage planning, financing, and design of energy 
        efficient public buildings by units of local government.
    (c) Authorization of Appropriations.--For the purposes of this 
section, there are authorized to be appropriated to the Secretary of 
Energy $30,000,000 for each of fiscal years 2006 through 2010. Not more 
than 10 percent of appropriated funds shall be used for administration.

SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT PROGRAM.

    (a) Grants.--The Secretary of Energy is authorized to make grants 
to units of local government, private, non-profit community development 
organizations, and Indian tribe economic development entities to 
improve energy efficiency; identify and develop alternative, renewable, 
and distributed energy supplies; and increase energy conservation in 
low income rural and urban communities.
    (b) Purpose of Grants.--The Secretary may make grants on a 
competitive basis for--
            (1) investments that develop alternative, renewable, and 
        distributed energy supplies;
            (2) energy efficiency projects and energy conservation 
        programs;
            (3) studies and other activities that improve energy 
        efficiency in low income rural and urban communities;
            (4) planning and development assistance for increasing the 
        energy efficiency of buildings and facilities; and
            (5) technical and financial assistance to local government 
        and private entities on developing new renewable and 
        distributed sources of power or combined heat and power 
        generation.
    (c) Definition.--For purposes of this section, the term ``Indian 
tribe'' means any Indian tribe, band, nation, or other organized group 
or community, including any Alaskan Native village or regional or 
village corporation as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.
    (d) Authorization of Appropriations.--For the purposes of this 
section there are authorized to be appropriated to the Secretary of 
Energy $20,000,000 for each of fiscal years 2006 through 2008.

                 Subtitle C--Energy Efficient Products

SEC. 131. ENERGY STAR PROGRAM.

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

``SEC. 324A. ENERGY STAR PROGRAM.

    ``There is established at the Department of Energy and the 
Environmental Protection Agency a voluntary program to identify and 
promote energy-efficient products and buildings in order to reduce 
energy consumption, improve energy security, and reduce pollution 
through voluntary labeling of or other forms of communication about 
products and buildings that meet the highest energy efficiency 
standards. Responsibilities under the program shall be divided between 
the Department of Energy and the Environmental Protection Agency 
consistent with the terms of agreements between the 2 agencies. The 
Administrator and the Secretary shall--
            ``(1) promote Energy Star compliant technologies as the 
        preferred technologies in the marketplace for achieving energy 
        efficiency and to reduce pollution;
            ``(2) work to enhance public awareness of the Energy Star 
        label, including special outreach to small businesses;
            ``(3) preserve the integrity of the Energy Star label;
            ``(4) solicit comments from interested parties prior to 
        establishing or revising an Energy Star product category, 
        specification, or criterion (or effective dates for any of the 
        foregoing);
            ``(5) upon adoption of a new or revised product category, 
        specification, or criterion, provide reasonable notice to 
        interested parties of any changes (including effective dates) 
        in product categories, specifications, or criteria along with 
        an explanation of such changes and, where appropriate, 
        responses to comments submitted by interested parties; and
            ``(6) provide appropriate lead time (which shall be 9 
        months, unless the Agency or Department determines otherwise) 
        prior to the effective date for a new or a significant revision 
        to a product category, specification, or criterion, taking into 
        account the timing requirements of the manufacturing, product 
        marketing, and distribution process for the specific product 
        addressed.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Energy Policy and Conservation Act is amended by inserting after the 
item relating to section 324 the following new item:

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

SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION PROGRAM.

    Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 
6307) is amended by adding at the end the following:
    ``(c) HVAC Maintenance.--For the purpose of ensuring that installed 
air conditioning and heating systems operate at their maximum rated 
efficiency levels, the Secretary shall, not later than 180 days after 
the date of enactment of this subsection, carry out a program to 
educate homeowners and small business owners concerning the energy 
savings resulting from properly conducted maintenance of air 
conditioning, heating, and ventilating systems. The Secretary shall 
carry out the program in a cost-shared manner in cooperation with the 
Administrator of the Environmental Protection Agency and such other 
entities as the Secretary considers appropriate, including industry 
trade associations, industry members, and energy efficiency 
organizations.
    ``(d) Small Business Education and Assistance.--The Administrator 
of the Small Business Administration, in consultation with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency, shall develop and coordinate a Government-wide 
program, building on the existing Energy Star for Small Business 
Program, to assist small businesses to become more energy efficient, 
understand the cost savings obtainable through efficiencies, and 
identify financing options for energy efficiency upgrades. The 
Secretary and the Administrator of the Small Business Administration 
shall make the program information available directly to small 
businesses and through other Federal agencies, including the Federal 
Emergency Management Program and the Department of Agriculture.''.

SEC. 133. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL PRODUCTS.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended--
            (1) in paragraph (30)(S), by striking the period and adding 
        at the end the following: ``but does not include any lamp 
        specifically designed to be used for special purpose 
        applications and that is unlikely to be used in general purpose 
        applications such as those described in subparagraph (D), and 
        also does not include any lamp not described in subparagraph 
        (D) that is excluded by the Secretary, by rule, because the 
        lamp is designed for special applications and is unlikely to be 
        used in general purpose applications.''; and
            (2) by adding at the end the following:
            ``(32) The term `battery charger' means a device that 
        charges batteries for consumer products and includes battery 
        chargers embedded in other consumer products.
            ``(33) The term `commercial refrigerators, freezers, and 
        refrigerator-freezers' means refrigerators, freezers, or 
        refrigerator-freezers that--
                    ``(A) are not consumer products regulated under 
                this Act; and
                    ``(B) incorporate most components involved in the 
                vapor-compression cycle and the refrigerated 
                compartment in a single package.
            ``(34) The term `external power supply' means an external 
        power supply circuit that is used to convert household electric 
        current into either DC current or lower-voltage AC current to 
        operate a consumer product.
            ``(35) The term `illuminated exit sign' means a sign that--
                    ``(A) is designed to be permanently fixed in place 
                to identify an exit; and
                    ``(B) consists of an electrically powered integral 
                light source that illuminates the legend `EXIT' and any 
                directional indicators and provides contrast between 
                the legend, any directional indicators, and the 
                background.
            ``(36)(A) Except as provided in subparagraph (B), the term 
        `distribution transformer' means a transformer that--
                    ``(i) has an input voltage of 34.5 kilovolts or 
                less;
                    ``(ii) has an output voltage of 600 volts or less; 
                and
                    ``(iii) is rated for operation at a frequency of 60 
                Hertz.
            ``(B) The term `distribution transformer' does not 
        include--
                    ``(i) transformers with multiple voltage taps, with 
                the highest voltage tap equaling at least 20 percent 
                more than the lowest voltage tap;
                    ``(ii) transformers, such as those commonly known 
                as drive transformers, rectifier transformers, auto-
                transformers, Uninterruptible Power System 
                transformers, impedance transformers, regulating 
                transformers, sealed and nonventilating transformers, 
                machine tool transformers, welding transformers, 
                grounding transformers, or testing transformers, that 
                are designed to be used in a special purpose 
                application and are unlikely to be used in general 
                purpose applications; or
                    ``(iii) any transformer not listed in clause (ii) 
                that is excluded by the Secretary by rule because--
                            ``(I) the transformer is designed for a 
                        special application;
                            ``(II) the transformer is unlikely to be 
                        used in general purpose applications; and
                            ``(III) the application of standards to the 
                        transformer would not result in significant 
                        energy savings.
            ``(37) The term `low-voltage dry-type distribution 
        transformer' means a distribution transformer that--
                    ``(A) has an input voltage of 600 volts or less;
                    ``(B) is air-cooled; and
                    ``(C) does not use oil as a coolant.
            ``(38) The term `standby mode' means the lowest power 
        consumption mode that--
                    ``(A) cannot be switched off or influenced by the 
                user; and
                    ``(B) may persist for an indefinite time when an 
                appliance is connected to the main electricity supply 
                and used in accordance with the manufacturer's 
                instructions,
        as defined on an individual product basis by the Secretary.
            ``(39) The term `torchiere' means a portable electric lamp 
        with a reflector bowl that directs light upward so as to give 
        indirect illumination.
            ``(40) The term `traffic signal module' means a standard 8-
        inch (200mm) or 12-inch (300mm) traffic signal indication, 
        consisting of a light source, a lens, and all other parts 
        necessary for operation, that communicates movement messages to 
        drivers through red, amber, and green colors.
            ``(41) The term `transformer' means a device consisting of 
        2 or more coils of insulated wire that transfers alternating 
        current by electromagnetic induction from 1 coil to another to 
        change the original voltage or current value.
            ``(42) The term `unit heater' means a self-contained fan-
        type heater designed to be installed within the heated space, 
        except that such term does not include a warm air furnace.
            ``(43) The term `ceiling fan' means a non-portable device 
        that is suspended from a ceiling for circulating air via the 
        rotation of fan blades.
            ``(44) The term `ceiling fan light kit' means equipment 
        designed to provide light from a ceiling fan which can be--
                    ``(A) integral, such that the equipment is attached 
                to the ceiling fan prior to the time of retail sale; or
                    ``(B) attachable, such that at the time of retail 
                sale the equipment is not physically attached to the 
                ceiling fan, but may be included inside the ceiling fan 
                package at the time of sale or sold separately for 
                subsequent attachment to the fan.''.
    (b) Test Procedures.--Section 323 of the Energy Policy and 
Conservation Act (42 U.S.C. 6293) is amended--
            (1) in subsection (b), by adding at the end the following:
    ``(9) Test procedures for illuminated exit signs shall be based on 
the test method used under Version 2.0 of the Energy Star program of 
the Environmental Protection Agency for illuminated exit signs.
    ``(10) Test procedures for distribution transformers and low 
voltage dry-type distribution transformers shall be based on the 
`Standard Test Method for Measuring the Energy Consumption of 
Distribution Transformers' prescribed by the National Electrical 
Manufacturers Association (NEMA TP 2-1998). The Secretary may review 
and revise this test procedure. For purposes of section 346(a), this 
test procedure shall be deemed to be testing requirements prescribed by 
the Secretary under section 346(a)(1) for distribution transformers for 
which the Secretary makes a determination that energy conservation 
standards would be technologically feasible and economically justified, 
and would result in significant energy savings.
    ``(11) Test procedures for traffic signal modules shall be based on 
the test method used under the Energy Star program of the Environmental 
Protection Agency for traffic signal modules, as in effect on the date 
of enactment of this paragraph.
    ``(12) Test procedures for medium base compact fluorescent lamps 
shall be based on the test methods used under the August 9, 2001, 
version of the Energy Star program of the Environmental Protection 
Agency and Department of Energy for compact fluorescent lamps. Covered 
products shall meet all test requirements for regulated parameters in 
section 325(bb). However, covered products may be marketed prior to 
completion of lamp life and lumen maintenance at 40 percent of rated 
life testing provided manufacturers document engineering predictions 
and analysis that support expected attainment of lumen maintenance at 
40 percent rated life and lamp life time.
    ``(13) The Secretary shall, not later than 18 months after the date 
of enactment of this paragraph, prescribe testing requirements for 
ceiling fans and ceiling fan light kits.''; and
            (2) by adding at the end the following:
    ``(f) Additional Consumer and Commercial Products.--The Secretary 
shall, not later than 24 months after the date of enactment of this 
subsection, prescribe testing requirements for refrigerated bottled or 
canned beverage vending machines, and commercial refrigerators, 
freezers, and refrigerator-freezers. Such testing requirements shall be 
based on existing test procedures used in industry to the extent 
practical and reasonable.''.
    (c) New Standards.--Section 325 of the Energy Policy and 
Conservation Act (42 U.S.C. 6295) is amended by adding at the end the 
following:
    ``(u) Battery Charger and External Power Supply Electric Energy 
Consumption.--
            ``(1) Initial rulemaking.--(A) The Secretary shall, within 
        18 months after the date of enactment of this subsection, 
        prescribe by notice and comment, definitions and test 
        procedures for the power use of battery chargers and external 
        power supplies. In establishing these test procedures, the 
        Secretary shall consider, among other factors, existing 
        definitions and test procedures used for measuring energy 
        consumption in standby mode and other modes and assess the 
        current and projected future market for battery chargers and 
        external power supplies. This assessment shall include 
        estimates of the significance of potential energy savings from 
        technical improvements to these products and suggested product 
        classes for standards. Prior to the end of this time period, 
        the Secretary shall hold a scoping workshop to discuss and 
        receive comments on plans for developing energy conservation 
        standards for energy use for these products.
            ``(B) The Secretary shall, within 3 years after the date of 
        enactment of this subsection, issue a final rule that 
        determines whether energy conservation standards shall be 
        issued for battery chargers and external power supplies or 
        classes thereof. For each product class, any such standards 
        shall be set at the lowest level of energy use that--
                    ``(i) meets the criteria and procedures of 
                subsections (o), (p), (q), (r), (s), and (t); and
                    ``(ii) will result in significant overall annual 
                energy savings, considering both standby mode and other 
                operating modes.
            ``(2) Review of standby energy use in covered products.--In 
        determining pursuant to section 323 whether test procedures and 
        energy conservation standards pursuant to this section should 
        be revised, the Secretary shall consider, for covered products 
        that are major sources of standby mode energy consumption, 
        whether to incorporate standby mode into such test procedures 
        and energy conservation standards, taking into account, among 
        other relevant factors, standby mode power consumption compared 
        to overall product energy consumption.
            ``(3) Rulemaking.--The Secretary shall not propose a 
        standard under this section unless the Secretary has issued 
        applicable test procedures for each product pursuant to section 
        323.
            ``(4) Effective date.--Any standard issued under this 
        subsection shall be applicable to products manufactured or 
        imported 3 years after the date of issuance.
            ``(5) Voluntary programs.--The Secretary and the 
        Administrator shall collaborate and develop programs, including 
        programs pursuant to section 324A (relating to Energy Star 
        Programs) and other voluntary industry agreements or codes of 
        conduct, that are designed to reduce standby mode energy use.
    ``(v) Vending Machines, and Commercial Refrigerators, Freezers, and 
Refrigerator-Freezers.--The Secretary shall not later than 36 months 
after the date on which testing requirements are prescribed by the 
Secretary pursuant to section 323(f), prescribe, by rule, energy 
conservation standards for refrigerated bottled or canned beverage 
vending machines and commercial refrigerators, freezers, and 
refrigerator-freezers. In establishing standards under this subsection, 
the Secretary shall use the criteria and procedures contained in 
subsections (o) and (p). Any standard prescribed under this subsection 
shall apply to products manufactured 3 years after the date of 
publication of a final rule establishing such standard.
    ``(w) Illuminated Exit Signs.--Illuminated exit signs manufactured 
on or after January 1, 2006, shall meet the Version 2.0 Energy Star 
Program performance requirements for illuminated exit signs prescribed 
by the Environmental Protection Agency.
    ``(x) Torchieres.--Torchieres manufactured on or after January 1, 
2006--
            ``(1) shall consume not more than 190 watts of power; and
            ``(2) shall not be capable of operating with lamps that 
        total more than 190 watts.
    ``(y) Low Voltage Dry-Type Distribution Transformers.--The 
efficiency of low voltage dry-type distribution transformers 
manufactured on or after January 1, 2006, shall be the Class I 
Efficiency Levels for distribution transformers specified in Table 4-2 
of the `Guide for Determining Energy Efficiency for Distribution 
Transformers' published by the National Electrical Manufacturers 
Association (NEMA TP-1-2002).
    ``(z) Traffic Signal Modules.--Traffic signal modules manufactured 
on or after January 1, 2006, shall meet the performance requirements 
used under the Energy Star program of the Environmental Protection 
Agency for traffic signals, as in effect on the date of enactment of 
this subsection, and shall be installed with compatible, electrically 
connected signal control interface devices and conflict monitoring 
systems.
    ``(aa) Unit Heaters.--Unit heaters manufactured on or after the 
date that is 3 years after the date of enactment of this subsection 
shall be equipped with an intermittent ignition device and shall have 
either power venting or an automatic flue damper.
    ``(bb) Medium Base Compact Fluorescent Lamps.--Bare lamp and 
covered lamp (no reflector) medium base compact fluorescent lamps 
manufactured on or after January 1, 2006, shall meet the following 
requirements prescribed by the August 9, 2001, version of the Energy 
Star Program Requirements for Compact Fluorescent Lamps, Energy Star 
Eligibility Criteria, Energy-Efficiency Specification issued by the 
Environmental Protection Agency and Department of Energy: minimum 
initial efficacy; lumen maintenance at 1000 hours; lumen maintenance at 
40 percent of rated life; rapid cycle stress test; and lamp life. The 
Secretary may, by rule, establish requirements for color quality (CRI); 
power factor; operating frequency; and maximum allowable start time 
based on the requirements prescribed by the August 9, 2001, version of 
the Energy Star Program Requirements for Compact Fluorescent Lamps. The 
Secretary may, by rule, revise these requirements or establish other 
requirements considering energy savings, cost effectiveness, and 
consumer satisfaction.
    ``(cc) Effective Date.--Section 327 shall apply--
            ``(1) to products for which standards are to be established 
        under subsections (u) and (v) on the date on which a final rule 
        is issued by the Department of Energy, except that any State or 
        local standards prescribed or enacted for any such product 
        prior to the date on which such final rule is issued shall not 
        be preempted until the standard established under subsection 
        (u) or (v) for that product takes effect; and
            ``(2) to products for which standards are established under 
        subsections (w) through (bb) on the date of enactment of those 
        subsections, except that any State or local standards 
        prescribed or enacted prior to the date of enactment of those 
        subsections shall not be preempted until the standards 
        established under subsections (w) through (bb) take effect.
    ``(dd) Ceiling Fans.--
            ``(1) Features.--All ceiling fans manufactured on or after 
        January 1, 2006, shall have the following features:
                    ``(A) Lighting controls operate independently from 
                fan speed controls.
                    ``(B) Adjustable speed controls (either more than 1 
                speed or variable speed).
                    ``(C) The capability of reversible fan action, 
                except for fans sold for industrial applications, 
                outdoor applications, and where safety standards would 
                be violated by the use of the reversible mode. The 
                Secretary may promulgate regulations to define in 
                greater detail the exceptions provided under this 
                subparagraph but may not substantively expand the 
                exceptions.
            ``(2) Revised standards.--
                    ``(A) In general.--Notwithstanding any provision of 
                this Act, if the requirements of subsections (o) and 
                (p) are met, the Secretary may consider and prescribe 
                energy efficiency or energy use standards for 
                electricity used by ceiling fans to circulate air in a 
                room.
                    ``(B) Special consideration.--If the Secretary sets 
                such standards, the Secretary shall consider--
                            ``(i) exempting or setting different 
                        standards for certain product classes for which 
                        the primary standards are not technically 
                        feasible or economically justified; and
                            ``(ii) establishing separate exempted 
                        product classes for highly decorative fans for 
                        which air movement performance is a secondary 
                        design feature.
                    ``(C) Application.--Any air movement standard 
                prescribed under this subsection shall apply to 
                products manufactured on or after the date that is 3 
                years after the date of publication of a final rule 
                establishing the standard.''.
    (d) Residential Furnace Fans.--Section 325(f)(3) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(f)(3)) is amended by adding 
the following new subparagraph at the end:
    ``(D) Notwithstanding any provision of this Act, the Secretary may 
consider, and prescribe, if the requirements of subsection (o) of this 
section are met, energy efficiency or energy use standards for 
electricity used for purposes of circulating air through duct work.''.

SEC. 134. ENERGY LABELING.

    (a) Rulemaking on Effectiveness of Consumer Product Labeling.--
Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 
6294(a)(2)) is amended by adding at the end the following:
    ``(F) Not later than 3 months after the date of enactment of this 
subparagraph, the Commission shall initiate a rulemaking to consider 
the effectiveness of the current consumer products labeling program in 
assisting consumers in making purchasing decisions and improving energy 
efficiency and to consider changes to the labeling rules that would 
improve the effectiveness of consumer product labels. Such rulemaking 
shall be completed not later than 2 years after the date of enactment 
of this subparagraph.
    ``(G)(i) Not later than 18 months after date of enactment of this 
subparagraph, the Commission shall prescribe by rule, pursuant to this 
section, labeling requirements for the electricity used by ceiling fans 
to circulate air in a room.
    ``(ii) The rule prescribed under clause (i) shall apply to products 
manufactured after the later of--
            ``(I) January 1, 2009; or
            ``(II) the date that is 60 days after the final rule is 
        prescribed.''.
    (b) Rulemaking on Labeling for Additional Products.--Section 324(a) 
of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) is 
further amended by adding at the end the following:
    ``(5) The Secretary or the Commission, as appropriate, may, for 
covered products referred to in subsections (u) through (aa) of section 
325, prescribe, by rule, pursuant to this section, labeling 
requirements for such products after a test procedure has been set 
pursuant to section 323. In the case of products to which TP-1 
standards under section 325(y) apply, labeling requirements shall be 
based on the `Standard for the Labeling of Distribution Transformer 
Efficiency' prescribed by the National Electrical Manufacturers 
Association (NEMA TP-3) as in effect upon the date of enactment of this 
paragraph.''.

SEC. 135. PREEMPTION.

    Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 
6297) is amended by adding at the end the following:
    ``(h) Ceiling Fans.--Effective on January 1, 2006, this section 
shall apply to and supersede all State and local standards prescribed 
or enacted for ceiling fans and ceiling fan light kits.''.

SEC. 136. STATE CONSUMER PRODUCT ENERGY EFFICIENCY STANDARDS.

    Effective 3 years after the date of enactment of this Act, section 
327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is 
amended by adding at the end the following new subsection:
    ``(i) Limitation on Preemption.--Subsections (a) and (b) shall not 
apply with respect to State regulation of energy consumption or water 
use of any covered product during any period of time--
            ``(1) after the date which is 3 years after a Federal 
        standard is required by law to be established, but has not been 
        established; and
            ``(2) before the date on which such Federal standard is 
        established or revised.''.

SEC. 137. INTERMITTENT ESCALATORS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following new 
subsection:
    ``(e) Intermittent Escalators.--
            ``(1) Requirement.--Except as provided in paragraph (2), 
        any escalator acquired for installation in a Federal building 
        shall be an intermittent escalator.
            ``(2) Exception.--Paragraph (1) shall not apply at a 
        location outside the United States where the Federal agency 
        determines that to acquire an intermittent escalator would 
        require substantially greater cost to the Government over the 
        life of the escalator.
            ``(3) Additional energy conservation measures.--In addition 
        to complying with paragraph (1), Federal agencies shall 
        incorporate other escalator energy conservation measures, as 
        appropriate.
            ``(4) Definition.--For purposes of this subsection, the 
        term `intermittent escalator' means an escalator that remains 
        in a stationary position until it automatically operates at the 
        approach of a passenger, returning to a stationary position 
        after the passenger completes passage.''.

                       Subtitle D--Public Housing

SEC. 141. CAPACITY BUILDING FOR ENERGY-EFFICIENT, AFFORDABLE HOUSING.

    Section 4(b) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 
note) is amended--
            (1) in paragraph (1), by inserting before the semicolon at 
        the end the following: ``, including capabilities regarding the 
        provision of energy efficient, affordable housing and 
        residential energy conservation measures''; and
            (2) in paragraph (2), by inserting before the semicolon the 
        following: ``, including such activities relating to the 
        provision of energy efficient, affordable housing and 
        residential energy conservation measures that benefit low-
        income families''.

SEC. 142. INCREASE OF CDBG PUBLIC SERVICES CAP FOR ENERGY CONSERVATION 
              AND EFFICIENCY ACTIVITIES.

    Section 105(a)(8) of the Housing and Community Development Act of 
1974 (42 U.S.C. 5305(a)(8)) is amended--
            (1) by inserting ``or efficiency'' after ``energy 
        conservation'';
            (2) by striking ``, and except that'' and inserting ``; 
        except that''; and
            (3) by inserting before the semicolon at the end the 
        following: ``; and except that each percentage limitation under 
        this paragraph on the amount of assistance provided under this 
        title that may be used for the provision of public services is 
        hereby increased by 10 percent, but such percentage increase 
        may be used only for the provision of public services 
        concerning energy conservation or efficiency''.

SEC. 143. FHA MORTGAGE INSURANCE INCENTIVES FOR ENERGY EFFICIENT 
              HOUSING.

    (a) Single Family Housing Mortgage Insurance.--Section 203(b)(2) of 
the National Housing Act (12 U.S.C. 1709(b)(2)) is amended, in the 
first undesignated paragraph beginning after subparagraph (B)(ii)(IV) 
(relating to solar energy systems), by striking ``20 percent'' and 
inserting ``30 percent''.
    (b) Multifamily Housing Mortgage Insurance.--Section 207(c) of the 
National Housing Act (12 U.S.C. 1713(c)) is amended, in the last 
undesignated paragraph beginning after paragraph (3) (relating to solar 
energy systems and residential energy conservation measures), by 
striking ``20 percent'' and inserting ``30 percent''.
    (c) Cooperative Housing Mortgage Insurance.--Section 213(p) of the 
National Housing Act (12 U.S.C. 1715e(p)) is amended by striking ``20 
per centum'' and inserting ``30 percent''.
    (d) Rehabilitation and Neighborhood Conservation Housing Mortgage 
Insurance.--Section 220(d)(3)(B)(iii)(IV) of the National Housing Act 
(12 U.S.C. 1715k(d)(3)(B)(iii)(IV)) is amended--
            (1) by striking ``with respect to rehabilitation projects 
        involving not more than five family units,''; and
            (2) by striking ``20 per centum'' and inserting ``30 
        percent''.
    (e) Low-Income Multifamily Housing Mortgage Insurance.--Section 
221(k) of the National Housing Act (12 U.S.C. 1715l(k)) is amended by 
striking ``20 per centum'' and inserting ``30 percent''.
    (f) Elderly Housing Mortgage Insurance.--Section 231(c)(2)(C) of 
the National Housing Act (12 U.S.C. 1715v(c)(2)(C)) is amended by 
striking ``20 per centum'' and inserting ``30 percent''.
    (g) Condominium Housing Mortgage Insurance.--Section 234(j) of the 
National Housing Act (12 U.S.C. 1715y(j)) is amended by striking ``20 
per centum'' and inserting ``30 percent''.

SEC. 144. PUBLIC HOUSING CAPITAL FUND.

    Section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) is amended--
            (1) in subsection (d)(1)--
                    (A) in subparagraph (I), by striking ``and'' at the 
                end;
                    (B) in subparagraph (J), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(K) improvement of energy and water-use 
                efficiency by installing fixtures and fittings that 
                conform to the American Society of Mechanical 
                Engineers/American National Standards Institute 
                standards A112.19.2-1998 and A112.18.1-2000, or any 
                revision thereto, applicable at the time of 
                installation, and by increasing energy efficiency and 
                water conservation by such other means as the Secretary 
                determines are appropriate; and
                    ``(L) integrated utility management and capital 
                planning to maximize energy conservation and efficiency 
                measures.''; and
            (2) in subsection (e)(2)(C)--
                    (A) by striking ``The'' and inserting the 
                following:
                            ``(i) In general.--The''; and
                    (B) by adding at the end the following:
                            ``(ii) Third party contracts.--Contracts 
                        described in clause (i) may include contracts 
                        for equipment conversions to less costly 
                        utility sources, projects with resident-paid 
                        utilities, and adjustments to frozen base year 
                        consumption, including systems repaired to meet 
                        applicable building and safety codes and 
                        adjustments for occupancy rates increased by 
                        rehabilitation.
                            ``(iii) Term of contract.--The total term 
                        of a contract described in clause (i) shall not 
                        exceed 20 years to allow longer payback periods 
                        for retrofits, including windows, heating 
                        system replacements, wall insulation, site-
                        based generation, advanced energy savings 
                        technologies, including renewable energy 
                        generation, and other such retrofits.''.

SEC. 145. GRANTS FOR ENERGY-CONSERVING IMPROVEMENTS FOR ASSISTED 
              HOUSING.

    Section 251(b)(1) of the National Energy Conservation Policy Act 
(42 U.S.C. 8231(1)) is amended--
            (1) by striking ``financed with loans'' and inserting 
        ``assisted'';
            (2) by inserting after ``1959,'' the following: ``which are 
        eligible multifamily housing projects (as such term is defined 
        in section 512 of the Multifamily Assisted Housing Reform and 
        Affordability Act of 1997 (42 U.S.C. 1437f note)) and are 
        subject to mortgage restructuring and rental assistance 
        sufficiency plans under such Act,''; and
            (3) by inserting after the period at the end of the first 
        sentence the following new sentence: ``Such improvements may 
        also include the installation of energy and water conserving 
        fixtures and fittings that conform to the American Society of 
        Mechanical Engineers/American National Standards Institute 
        standards A112.19.2-1998 and A112.18.1-2000, or any revision 
        thereto, applicable at the time of installation.''.

SEC. 147. ENERGY-EFFICIENT APPLIANCES.

    In purchasing appliances, a public housing agency shall purchase 
energy-efficient appliances that are Energy Star products or FEMP-
designated products, as such terms are defined in section 553 of the 
National Energy Conservation Policy Act (as amended by this title), 
unless the purchase of energy-efficient appliances is not cost-
effective to the agency.

SEC. 148. ENERGY EFFICIENCY STANDARDS.

    Section 109 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 12709) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``1 year after the date of 
                        the enactment of the Energy Policy Act of 
                        1992'' and inserting ``September 30, 2006'';
                            (ii) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) rehabilitation and new construction of public 
                and assisted housing funded by HOPE VI revitalization 
                grants under section 24 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437v), where such standards are 
                determined to be cost effective by the Secretary of 
                Housing and Urban Development.''; and
                    (B) in paragraph (2), by inserting ``, and, with 
                respect to rehabilitation and new construction of 
                public and assisted housing funded by HOPE VI 
                revitalization grants under section 24 of the United 
                States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 
                International Energy Conservation Code'' after ``90.1-
                1989')'';
            (2) in subsection (b)--
                    (A) by striking ``within 1 year after the date of 
                the enactment of the Energy Policy Act of 1992'' and 
                inserting ``by September 30, 2006''; and
                    (B) by inserting ``, and, with respect to 
                rehabilitation and new construction of public and 
                assisted housing funded by HOPE VI revitalization 
                grants under section 24 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437v), the 2003 International 
                Energy Conservation Code'' before the period at the 
                end; and
            (3) in subsection (c)--
                    (A) in the heading, by inserting ``and the 
                International Energy Conservation Code'' after ``Model 
                Energy Code''; and
                    (B) by inserting ``, or, with respect to 
                rehabilitation and new construction of public and 
                assisted housing funded by HOPE VI revitalization 
                grants under section 24 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437v), the 2003 International 
                Energy Conservation Code'' after ``1989''.

SEC. 149. ENERGY STRATEGY FOR HUD.

    The Secretary of Housing and Urban Development shall develop and 
implement an integrated strategy to reduce utility expenses through 
cost-effective energy conservation and efficiency measures and energy 
efficient design and construction of public and assisted housing. The 
energy strategy shall include the development of energy reduction goals 
and incentives for public housing agencies. The Secretary shall submit 
a report to Congress, not later than 1 year after the date of the 
enactment of this Act, on the energy strategy and the actions taken by 
the Department of Housing and Urban Development to monitor the energy 
usage of public housing agencies and shall submit an update every 2 
years thereafter on progress in implementing the strategy.

                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.

    (a) Resource Assessment.--Not later than 6 months after the date of 
enactment of this Act, and each year thereafter, the Secretary of 
Energy shall review the available assessments of renewable energy 
resources within the United States, including solar, wind, biomass, 
ocean (tidal, wave, current, and thermal), geothermal, and 
hydroelectric energy resources, and undertake new assessments as 
necessary, taking into account changes in market conditions, available 
technologies, and other relevant factors.
    (b) Contents of Reports.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Secretary shall 
publish a report based on the assessment under subsection (a). The 
report shall contain--
            (1) a detailed inventory describing the available amount 
        and characteristics of the renewable energy resources; and
            (2) such other information as the Secretary believes would 
        be useful in developing such renewable energy resources, 
        including descriptions of surrounding terrain, population and 
        load centers, nearby energy infrastructure, location of energy 
        and water resources, and available estimates of the costs 
        needed to develop each resource, together with an 
        identification of any barriers to providing adequate 
        transmission for remote sources of renewable energy resources 
        to current and emerging markets, recommendations for removing 
        or addressing such barriers, and ways to provide access to the 
        grid that do not unfairly disadvantage renewable or other 
        energy producers.
    (c) Authorization of Appropriations.--For the purposes of this 
section, there are authorized to be appropriated to the Secretary of 
Energy $10,000,000 for each of fiscal years 2006 through 2010.

SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE.

    (a) Incentive Payments.--Section 1212(a) of the Energy Policy Act 
of 1992 (42 U.S.C. 13317(a)) is amended by striking ``and which 
satisfies'' and all that follows through ``Secretary shall establish.'' 
and inserting ``. If there are insufficient appropriations to make full 
payments for electric production from all qualified renewable energy 
facilities in any given year, the Secretary shall assign 60 percent of 
appropriated funds for that year to facilities that use solar, wind, 
geothermal, or closed-loop (dedicated energy crops) biomass 
technologies to generate electricity, and assign the remaining 40 
percent to other projects. The Secretary may, after transmitting to 
Congress an explanation of the reasons therefor, alter the percentage 
requirements of the preceding sentence.''.
    (b) Qualified Renewable Energy Facility.--Section 1212(b) of the 
Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended--
            (1) by striking ``a State or any political'' and all that 
        follows through ``nonprofit electrical cooperative'' and 
        inserting ``a not-for-profit electric cooperative, a public 
        utility described in section 115 of the Internal Revenue Code 
        of 1986, a State, Commonwealth, territory, or possession of the 
        United States or the District of Columbia, or a political 
        subdivision thereof, or an Indian tribal government or 
        subdivision thereof,''; and
            (2) by inserting ``landfill gas, livestock methane, ocean 
        (tidal, wave, current, and thermal),'' after ``wind, 
        biomass,''.
    (c) Eligibility Window.--Section 1212(c) of the Energy Policy Act 
of 1992 (42 U.S.C. 13317(c)) is amended by striking ``during the 10-
fiscal year period beginning with the first full fiscal year occurring 
after the enactment of this section'' and inserting ``after October 1, 
2005, and before October 1, 2015''.
    (d) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act 
of 1992 (42 U.S.C. 13317(e)(1)) is amended by inserting ``landfill gas, 
livestock methane, ocean (tidal, wave, current, and thermal),'' after 
``wind, biomass,''.
    (e) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42 
U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all 
that follows through ``of this section'' and inserting ``September 30, 
2025''.
    (f) Authorization of Appropriations.--Section 1212(g) of the Energy 
Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows:
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this section for fiscal years 2005 through 2025.
            ``(2) Availability of funds.--Funds made available under 
        paragraph (1) shall remain available until expended.''.

SEC. 203. FEDERAL PURCHASE REQUIREMENT.

    (a) Requirement.--The President, acting through the Secretary of 
Energy, shall seek to ensure that, to the extent economically feasible 
and technically practicable, of the total amount of electric energy the 
Federal Government consumes during any fiscal year, the following 
amounts shall be renewable energy:
            (1) Not less than 3 percent in fiscal years 2007 through 
        2009.
            (2) Not less than 5 percent in fiscal years 2010 through 
        2012.
            (3) Not less than 7.5 percent in fiscal year 2013 and each 
        fiscal year thereafter.
    (b) Definitions.--In this section:
            (1) Biomass.--The term ``biomass'' means any solid, 
        nonhazardous, cellulosic material that is derived from--
                    (A) any of the following forest-related resources: 
                mill residues, precommercial thinnings, slash, and 
                brush, or nonmerchantable material;
                    (B) solid wood waste materials, including waste 
                pallets, crates, dunnage, manufacturing and 
                construction wood wastes (other than pressure-treated, 
                chemically-treated, or painted wood wastes), and 
                landscape or right-of-way tree trimmings, but not 
                including municipal solid waste (garbage), gas derived 
                from the biodegradation of solid waste, or paper that 
                is commonly recycled;
                    (C) agriculture wastes, including orchard tree 
                crops, vineyard, grain, legumes, sugar, and other crop 
                by-products or residues, and livestock waste nutrients; 
                or
                    (D) a plant that is grown exclusively as a fuel for 
                the production of electricity.
            (2) Renewable energy.--The term ``renewable energy'' means 
        electric energy generated from solar, wind, biomass, landfill 
        gas, ocean (tidal, wave, current, and thermal), geothermal, 
        municipal solid waste, or new hydroelectric generation capacity 
        achieved from increased efficiency or additions of new capacity 
        at an existing hydroelectric project.
    (c) Calculation.--For purposes of determining compliance with the 
requirement of this section, the amount of renewable energy shall be 
doubled if--
            (1) the renewable energy is produced and used on-site at a 
        Federal facility;
            (2) the renewable energy is produced on Federal lands and 
        used at a Federal facility; or
            (3) the renewable energy is produced on Indian land as 
        defined in title XXVI of the Energy Policy Act of 1992 (25 
        U.S.C. 3501 et seq.) and used at a Federal facility.
    (d) Report.--Not later than April 15, 2007, and every 2 years 
thereafter, the Secretary of Energy shall provide a report to Congress 
on the progress of the Federal Government in meeting the goals 
established by this section.

SEC. 204. INSULAR AREAS ENERGY SECURITY.

    Section 604 of the Act entitled ``An Act to authorize 
appropriations for certain insular areas of the United States, and for 
other purposes'', approved December 24, 1980 (48 U.S.C. 1492), is 
amended--
            (1) in subsection (a)(4) by striking the period and 
        inserting a semicolon;
            (2) by adding at the end of subsection (a) the following 
        new paragraphs:
            ``(5) electric power transmission and distribution lines in 
        insular areas are inadequate to withstand damage caused by the 
        hurricanes and typhoons which frequently occur in insular areas 
        and such damage often costs millions of dollars to repair; and
            ``(6) the refinement of renewable energy technologies since 
        the publication of the 1982 Territorial Energy Assessment 
        prepared pursuant to subsection (c) reveals the need to 
        reassess the state of energy production, consumption, 
        infrastructure, reliance on imported energy, opportunities for 
        energy conservation and increased energy efficiency, and 
        indigenous sources in regard to the insular areas.'';
            (3) by amending subsection (e) to read as follows:
    ``(e)(1) The Secretary of the Interior, in consultation with the 
Secretary of Energy and the head of government of each insular area, 
shall update the plans required under subsection (c) by--
            ``(A) updating the contents required by subsection (c);
            ``(B) drafting long-term energy plans for such insular 
        areas with the objective of reducing, to the extent feasible, 
        their reliance on energy imports by the year 2012, increasing 
        energy conservation and energy efficiency, and maximizing, to 
        the extent feasible, use of indigenous energy sources; and
            ``(C) drafting long-term energy transmission line plans for 
        such insular areas with the objective that the maximum 
        percentage feasible of electric power transmission and 
        distribution lines in each insular area be protected from 
        damage caused by hurricanes and typhoons.
    ``(2) Not later than December 31, 2006, the Secretary of the 
Interior shall submit to Congress the updated plans for each insular 
area required by this subsection.''; and
            (4) by amending subsection (g)(4) to read as follows:
            ``(4) Power line grants for insular areas.--
                    ``(A) In general.--The Secretary of the Interior is 
                authorized to make grants to governments of insular 
                areas of the United States to carry out eligible 
                projects to protect electric power transmission and 
                distribution lines in such insular areas from damage 
                caused by hurricanes and typhoons.
                    ``(B) Eligible projects.--The Secretary may award 
                grants under subparagraph (A) only to governments of 
                insular areas of the United States that submit written 
                project plans to the Secretary for projects that meet 
                the following criteria:
                            ``(i) The project is designed to protect 
                        electric power transmission and distribution 
                        lines located in 1 or more of the insular areas 
                        of the United States from damage caused by 
                        hurricanes and typhoons.
                            ``(ii) The project is likely to 
                        substantially reduce the risk of future damage, 
                        hardship, loss, or suffering.
                            ``(iii) The project addresses 1 or more 
                        problems that have been repetitive or that pose 
                        a significant risk to public health and safety.
                            ``(iv) The project is not likely to cost 
                        more than the value of the reduction in direct 
                        damage and other negative impacts that the 
                        project is designed to prevent or mitigate. The 
                        cost benefit analysis required by this 
                        criterion shall be computed on a net present 
                        value basis.
                            ``(v) The project design has taken into 
                        consideration long-term changes to the areas 
                        and persons it is designed to protect and has 
                        manageable future maintenance and modification 
                        requirements.
                            ``(vi) The project plan includes an 
                        analysis of a range of options to address the 
                        problem it is designed to prevent or mitigate 
                        and a justification for the selection of the 
                        project in light of that analysis.
                            ``(vii) The applicant has demonstrated to 
                        the Secretary that the matching funds required 
                        by subparagraph (D) are available.
                    ``(C) Priority.--When making grants under this 
                paragraph, the Secretary shall give priority to grants 
                for projects which are likely to--
                            ``(i) have the greatest impact on reducing 
                        future disaster losses; and
                            ``(ii) best conform with plans that have 
                        been approved by the Federal Government or the 
                        government of the insular area where the 
                        project is to be carried out for development or 
                        hazard mitigation for that insular area.
                    ``(D) Matching requirement.--The Federal share of 
                the cost for a project for which a grant is provided 
                under this paragraph shall not exceed 75 percent of the 
                total cost of that project. The non-Federal share of 
                the cost may be provided in the form of cash or 
                services.
                    ``(E) Treatment of funds for certain purposes.--
                Grants provided under this paragraph shall not be 
                considered as income, a resource, or a duplicative 
                program when determining eligibility or benefit levels 
                for Federal major disaster and emergency assistance.
                    ``(F) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for each fiscal year beginning 
                after the date of the enactment of this paragraph.''.

SEC. 205. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC BUILDINGS.

    (a) In General.--Subchapter VI of chapter 31 of title 40, United 
States Code, is amended by adding at the end the following:
``Sec. 3177. Use of photovoltaic energy in public buildings
    ``(a) Photovoltaic Energy Commercialization Program.--
            ``(1) In general.--The Administrator of General Services 
        may establish a photovoltaic energy commercialization program 
        for the procurement and installation of photovoltaic solar 
        electric systems for electric production in new and existing 
        public buildings.
            ``(2) Purposes.--The purposes of the program shall be to 
        accomplish the following:
                    ``(A) To accelerate the growth of a commercially 
                viable photovoltaic industry to make this energy system 
                available to the general public as an option which can 
                reduce the national consumption of fossil fuel.
                    ``(B) To reduce the fossil fuel consumption and 
                costs of the Federal Government.
                    ``(C) To attain the goal of installing solar energy 
                systems in 20,000 Federal buildings by 2010, as 
                contained in the Federal Government's Million Solar 
                Roof Initiative of 1997.
                    ``(D) To stimulate the general use within the 
                Federal Government of life-cycle costing and innovative 
                procurement methods.
                    ``(E) To develop program performance data to 
                support policy decisions on future incentive programs 
                with respect to energy.
            ``(3) Acquisition of photovoltaic solar electric systems.--
                    ``(A) In general.--The program shall provide for 
                the acquisition of photovoltaic solar electric systems 
                and associated storage capability for use in public 
                buildings.
                    ``(B) Acquisition levels.--The acquisition of 
                photovoltaic electric systems shall be at a level 
                substantial enough to allow use of low-cost production 
                techniques with at least 150 megawatts (peak) 
                cumulative acquired during the 5 years of the program.
            ``(4) Administration.--The Administrator shall administer 
        the program and shall--
                    ``(A) issue such rules and regulations as may be 
                appropriate to monitor and assess the performance and 
                operation of photovoltaic solar electric systems 
                installed pursuant to this subsection;
                    ``(B) develop innovative procurement strategies for 
                the acquisition of such systems; and
                    ``(C) transmit to Congress an annual report on the 
                results of the program.
    ``(b) Photovoltaic Systems Evaluation Program.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this section, the Administrator shall establish a 
        photovoltaic solar energy systems evaluation program to 
        evaluate such photovoltaic solar energy systems as are required 
        in public buildings.
            ``(2) Program requirement.--In evaluating photovoltaic 
        solar energy systems under the program, the Administrator shall 
        ensure that such systems reflect the most advanced technology.
    ``(c) Authorization of Appropriations.--
            ``(1) Photovoltaic energy commercialization program.--There 
        are authorized to be appropriated to carry out subsection (a) 
        $50,000,000 for each of fiscal years 2006 through 2010. Such 
        sums shall remain available until expended.
            ``(2) Photovoltaic systems evaluation program.--There are 
        authorized to be appropriated to carry out subsection (b) 
        $10,000,000 for each of fiscal years 2006 through 2010. Such 
        sums shall remain available until expended.''.
    (b) Conforming Amendment.--The table of sections for the National 
Energy Conservation Policy Act is amended by inserting after the item 
relating to section 569 the following:

``Sec. 570. Use of photovoltaic energy in public buildings.''.

SEC. 206. BIOBASED PRODUCTS.

    Section 9002(c)(1) of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 8102(c)(1)) is amended by inserting ``or such items that 
comply with the regulations issued under section 103 of Public Law 100-
556 (42 U.S.C. 6914b-1)'' after ``practicable''.

SEC. 207. RENEWABLE ENERGY SECURITY.

    (a) Weatherization Assistance.--Section 415(c) of the Energy 
Conservation and Production Act (42 U.S.C. 6865(c)) is amended--
            (1) in paragraph (1), by striking ``in paragraph (3)'' and 
        inserting ``in paragraphs (3) and (4)'';
            (2) in paragraph (3), by striking ``$2,500 per dwelling 
        unit average provided in paragraph (1)'' and inserting 
        ``dwelling unit averages provided in paragraphs (1) and (4)''; 
        and
            (3) by adding at the end the following new paragraphs:
    ``(4) The expenditure of financial assistance provided under this 
part for labor, weatherization materials, and related matters for a 
renewable energy system shall not exceed an average of $3,000 per 
dwelling unit.
    ``(5)(A) The Secretary shall by regulations--
            ``(i) establish the criteria which are to be used in 
        prescribing performance and quality standards under paragraph 
        (6)(A)(ii) or in specifying any form of renewable energy under 
        paragraph (6)(A)(i)(I); and
            ``(ii) establish a procedure under which a manufacturer of 
        an item may request the Secretary to certify that the item will 
        be treated, for purposes of this paragraph, as a renewable 
        energy system.
    ``(B) The Secretary shall make a final determination with respect 
to any request filed under subparagraph (A)(ii) within 1 year after the 
filing of the request, together with any information required to be 
filed with such request under subparagraph (A)(ii).
    ``(C) Each month the Secretary shall publish a report of any 
request under subparagraph (A)(ii) which has been denied during the 
preceding month and the reasons for the denial.
    ``(D) The Secretary shall not specify any form of renewable energy 
under paragraph (6)(A)(i)(I) unless the Secretary determines that--
            ``(i) there will be a reduction in oil or natural gas 
        consumption as a result of such specification;
            ``(ii) such specification will not result in an increased 
        use of any item which is known to be, or reasonably suspected 
        to be, environmentally hazardous or a threat to public health 
        or safety; and
            ``(iii) available Federal subsidies do not make such 
        specification unnecessary or inappropriate (in the light of the 
        most advantageous allocation of economic resources).
    ``(6) In this subsection--
            ``(A) the term `renewable energy system' means a system 
        which--
                    ``(i) when installed in connection with a dwelling, 
                transmits or uses--
                            ``(I) solar energy, energy derived from the 
                        geothermal deposits, energy derived from 
                        biomass, or any other form of renewable energy 
                        which the Secretary specifies by regulations, 
                        for the purpose of heating or cooling such 
                        dwelling or providing hot water or electricity 
                        for use within such dwelling; or
                            ``(II) wind energy for nonbusiness 
                        residential purposes;
                    ``(ii) meets the performance and quality standards 
                (if any) which have been prescribed by the Secretary by 
                regulations;
                    ``(iii) in the case of a combustion rated system, 
                has a thermal efficiency rating of at least 75 percent; 
                and
                    ``(iv) in the case of a solar system, has a thermal 
                efficiency rating of at least 15 percent; and
            ``(B) the term `biomass' means 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 wastes, municipal wastes, and other waste 
        materials.''.
    (b) District Heating and Cooling Programs.--Section 172 of the 
Energy Policy Act of 1992 (42 U.S.C. 13451 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) evaluate the use of renewable energy systems (as such 
        term is defined in section 415(c) of the Energy Conservation 
        and Production Act (42 U.S.C. 6865(c))) in residential 
        buildings.''; and
            (2) in subsection (b), by striking ``this Act'' and 
        inserting ``the Energy Policy Act of 2005''.
    (c) Definition of Biomass.--Section 203(2) of the Biomass Energy 
and Alcohol Fuels Act of 1980 (42 U.S.C. 8802(2)) is amended to read as 
follows:
            ``(2) The term `biomass' means 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 wastes, municipal wastes, and other waste 
        materials.''.
    (d) Rebate Program.--
            (1) Establishment.--The Secretary of Energy shall establish 
        a program providing rebates for consumers for expenditures made 
        for the installation of a renewable energy system in connection 
        with a dwelling unit or small business.
            (2) Amount of rebate.--Rebates provided under the program 
        established under paragraph (1) shall be in an amount not to 
        exceed the lesser of--
                    (A) 25 percent of the expenditures described in 
                paragraph (1) made by the consumer; or
                    (B) $3,000.
            (3) Definition.--For purposes of this subsection, the term 
        ``renewable energy system'' has the meaning given that term in 
        section 415(c)(6)(A) of the Energy Conservation and Production 
        Act (42 U.S.C. 6865(c)(6)(A)), as added by subsection (a)(3) of 
        this section.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Energy for carrying out 
        this subsection, to remain available until expended--
                    (A) $150,000,000 for fiscal year 2006;
                    (B) $150,000,000 for fiscal year 2007;
                    (C) $200,000,000 for fiscal year 2008;
                    (D) $250,000,000 for fiscal year 2009; and
                    (E) $250,000,000 for fiscal year 2010.
    (e) Renewable Fuel Inventory.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy shall transmit 
to Congress a report containing--
            (1) an inventory of renewable fuels available for 
        consumers; and
            (2) a projection of future inventories of renewable fuels 
        based on the incentives provided in this section

SEC. 208. INSTALLATION OF PHOTOVOLTAIC SYSTEM.

    There is authorized to be appropriated to the General Services 
Administration to install a photovoltaic system, as set forth in the 
Sun Wall Design Project, for the headquarters building of the 
Department of Energy located at 1000 Independence Avenue Southwest in 
the District of Columbia, commonly know as the Forrestal Building, 
$20,000,000 for fiscal year 2006. Such sums shall remain available 
until expended.

SEC. 209. SUGAR CANE ETHANOL PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Program.--The term ``program'' means the Sugar Cane 
        Ethanol Pilot Program established by subsection (b).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--There is established within the Department of 
Energy a program to be known as the ``Sugar Cane Ethanol Pilot 
Program''.
    (c) Project.--
            (1) In general.--In carrying out the program, the Secretary 
        shall establish a pilot project that is--
                    (A) located in the State of Hawaii; and
                    (B) designed to study the creation of ethanol from 
                cane sugar.
            (2) Requirements.--A pilot project described in paragraph 
        (1) shall--
                    (A) be limited to the production of ethanol in 
                Hawaii in a way similar to the existing program for the 
                processing of corn for ethanol to show that the process 
                can be applicable to cane sugar;
                    (B) include information on how the scale of 
                projection can be replicated once the sugar cane 
                industry has site located and constructed ethanol 
                production facilities; and
                    (C) not last more than 3 years.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $8,000,000, to remain available 
until expended.

                       Subtitle C--Hydroelectric

                     PART I--ALTERNATIVE CONDITIONS

SEC. 231. ALTERNATIVE CONDITIONS AND FISHWAYS.

    (a) Federal Reservations.--Section 4(e) of the Federal Power Act 
(16 U.S.C. 797(e)) is amended by inserting after ``adequate protection 
and utilization of such reservation.'' at the end of the first proviso 
the following: ``The license applicant shall be entitled to a 
determination on the record, after opportunity for an expedited agency 
trial-type hearing of any disputed issues of material fact, with 
respect to such conditions. Such hearing may be conducted in accordance 
with procedures established by agency regulation in consultation with 
the Federal Energy Regulatory Commission.''.
    (b) Fishways.--Section 18 of the Federal Power Act (16 U.S.C. 811) 
is amended by inserting after ``and such fishways as may be prescribed 
by the Secretary of Commerce.'' the following: ``The license applicant 
shall be entitled to a determination on the record, after opportunity 
for an expedited agency trial-type hearing of any disputed issues of 
material fact, with respect to such fishways. Such hearing may be 
conducted in accordance with procedures established by agency 
regulation in consultation with the Federal Energy Regulatory 
Commission.''.
    (c) Alternative Conditions and Prescriptions.--Part I of the 
Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding the 
following new section at the end thereof:

``SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.

    ``(a) Alternative Conditions.--(1) Whenever any person applies for 
a license for any project works within any reservation of the United 
States, and the Secretary of the department under whose supervision 
such reservation falls (referred to in this subsection as `the 
Secretary') deems a condition to such license to be necessary under the 
first proviso of section 4(e), the license applicant may propose an 
alternative condition.
    ``(2) Notwithstanding the first proviso of section 4(e), the 
Secretary shall accept the proposed alternative condition referred to 
in paragraph (1), and the Commission shall include in the license such 
alternative condition, if the Secretary determines, based on 
substantial evidence provided by the license applicant or otherwise 
available to the Secretary, that such alternative condition--
            ``(A) provides for the adequate protection and utilization 
        of the reservation; and
            ``(B) will either--
                    ``(i) cost less to implement; or
                    ``(ii) result in improved operation of the project 
                works for electricity production,
        as compared to the condition initially deemed necessary by the 
        Secretary.
    ``(3) The Secretary shall submit into the public record of the 
Commission proceeding with any condition under section 4(e) or 
alternative condition it accepts under this section, a written 
statement explaining the basis for such condition, and reason for not 
accepting any alternative condition under this section. The written 
statement must demonstrate that the Secretary gave equal consideration 
to the effects of the condition adopted and alternatives not accepted 
on energy supply, distribution, cost, and use; flood control; 
navigation; water supply; and air quality (in addition to the 
preservation of other aspects of environmental quality); based on such 
information as may be available to the Secretary, including information 
voluntarily provided in a timely manner by the applicant and others. 
The Secretary shall also submit, together with the aforementioned 
written statement, all studies, data, and other factual information 
available to the Secretary and relevant to the Secretary's decision.
    ``(4) Nothing in this section shall prohibit other interested 
parties from proposing alternative conditions.
    ``(5) If the Secretary does not accept an applicant's alternative 
condition under this section, and the Commission finds that the 
Secretary's condition would be inconsistent with the purposes of this 
part, or other applicable law, the Commission may refer the dispute to 
the Commission's Dispute Resolution Service. The Dispute Resolution 
Service shall consult with the Secretary and the Commission and issue a 
non-binding advisory within 90 days. The Secretary may accept the 
Dispute Resolution Service advisory unless the Secretary finds that the 
recommendation will not provide for the adequate protection and 
utilization of the reservation. The Secretary shall submit the advisory 
and the Secretary's final written determination into the record of the 
Commission's proceeding.
    ``(b) Alternative Prescriptions.--(1) Whenever the Secretary of the 
Interior or the Secretary of Commerce prescribes a fishway under 
section 18, the license applicant or licensee may propose an 
alternative to such prescription to construct, maintain, or operate a 
fishway.
    ``(2) Notwithstanding section 18, the Secretary of the Interior or 
the Secretary of Commerce, as appropriate, shall accept and prescribe, 
and the Commission shall require, the proposed alternative referred to 
in paragraph (1), if the Secretary of the appropriate department 
determines, based on substantial evidence provided by the licensee or 
otherwise available to the Secretary, that such alternative--
            ``(A) will be no less protective than the fishway initially 
        prescribed by the Secretary; and
            ``(B) will either--
                    ``(i) cost less to implement; or
                    ``(ii) result in improved operation of the project 
                works for electricity production,
        as compared to the fishway initially deemed necessary by the 
        Secretary.
    ``(3) The Secretary concerned shall submit into the public record 
of the Commission proceeding with any prescription under section 18 or 
alternative prescription it accepts under this section, a written 
statement explaining the basis for such prescription, and reason for 
not accepting any alternative prescription under this section. The 
written statement must demonstrate that the Secretary gave equal 
consideration to the effects of the condition adopted and alternatives 
not accepted on energy supply, distribution, cost, and use; flood 
control; navigation; water supply; and air quality (in addition to the 
preservation of other aspects of environmental quality); based on such 
information as may be available to the Secretary, including information 
voluntarily provided in a timely manner by the applicant and others. 
The Secretary shall also submit, together with the aforementioned 
written statement, all studies, data, and other factual information 
available to the Secretary and relevant to the Secretary's decision.
    ``(4) Nothing in this section shall prohibit other interested 
parties from proposing alternative prescriptions.
    ``(5) If the Secretary concerned does not accept an applicant's 
alternative prescription under this section, and the Commission finds 
that the Secretary's prescription would be inconsistent with the 
purposes of this part, or other applicable law, the Commission may 
refer the dispute to the Commission's Dispute Resolution Service. The 
Dispute Resolution Service shall consult with the Secretary and the 
Commission and issue a non-binding advisory within 90 days. The 
Secretary may accept the Dispute Resolution Service advisory unless the 
Secretary finds that the recommendation will be less protective than 
the fishway initially prescribed by the Secretary. The Secretary shall 
submit the advisory and the Secretary's final written determination 
into the record of the Commission's proceeding.''.

                     PART II--ADDITIONAL HYDROPOWER

SEC. 241. HYDROELECTRIC PRODUCTION INCENTIVES.

    (a) Incentive Payments.--For electric energy generated and sold by 
a qualified hydroelectric facility during the incentive period, the 
Secretary of Energy (referred to in this section as the ``Secretary'') 
shall make, subject to the availability of appropriations, incentive 
payments to the owner or operator of such facility. The amount of such 
payment made to any such owner or operator shall be as determined under 
subsection (e) of this section. Payments under this section may only be 
made upon receipt by the Secretary of an incentive payment application 
which establishes that the applicant is eligible to receive such 
payment and which satisfies such other requirements as the Secretary 
deems necessary. Such application shall be in such form, and shall be 
submitted at such time, as the Secretary shall establish.
    (b) Definitions.--For purposes of this section:
            (1) Qualified hydroelectric facility.--The term ``qualified 
        hydroelectric facility'' means a turbine or other generating 
        device owned or solely operated by a non-Federal entity which 
        generates hydroelectric energy for sale and which is added to 
        an existing dam or conduit.
            (2) Existing dam or conduit.--The term ``existing dam or 
        conduit'' means any dam or conduit the construction of which 
        was completed before the date of the enactment of this section 
        and which does not require any construction or enlargement of 
        impoundment or diversion structures (other than repair or 
        reconstruction) in connection with the installation of a 
        turbine or other generating device.
            (3) Conduit.--The term ``conduit'' has the same meaning as 
        when used in section 30(a)(2) of the Federal Power Act (16 
        U.S.C. 823a(a)(2)).
The terms defined in this subsection shall apply without regard to the 
hydroelectric kilowatt capacity of the facility concerned, without 
regard to whether the facility uses a dam owned by a governmental or 
nongovernmental entity, and without regard to whether the facility 
begins operation on or after the date of the enactment of this section.
    (c) Eligibility Window.--Payments may be made under this section 
only for electric energy generated from a qualified hydroelectric 
facility which begins operation during the period of 10 fiscal years 
beginning with the first full fiscal year occurring after the date of 
enactment of this subtitle.
    (d) Incentive Period.--A qualified hydroelectric facility may 
receive payments under this section for a period of 10 fiscal years 
(referred to in this section as the ``incentive period''). Such period 
shall begin with the fiscal year in which electric energy generated 
from the facility is first eligible for such payments.
    (e) Amount of Payment.--
            (1) In general.--Payments made by the Secretary under this 
        section to the owner or operator of a qualified hydroelectric 
        facility shall be based on the number of kilowatt hours of 
        hydroelectric energy generated by the facility during the 
        incentive period. For any such facility, the amount of such 
        payment shall be 1.8 cents per kilowatt hour (adjusted as 
        provided in paragraph (2)), subject to the availability of 
        appropriations under subsection (g), except that no facility 
        may receive more than $750,000 in 1 calendar year.
            (2) Adjustments.--The amount of the payment made to any 
        person under this section as provided in paragraph (1) shall be 
        adjusted for inflation for each fiscal year beginning after 
        calendar year 2005 in the same manner as provided in the 
        provisions of section 29(d)(2)(B) of the Internal Revenue Code 
        of 1986, except that in applying such provisions the calendar 
        year 2005 shall be substituted for calendar year 1979.
    (f) Sunset.--No payment may be made under this section to any 
qualified hydroelectric facility after the expiration of the period of 
20 fiscal years beginning with the first full fiscal year occurring 
after the date of enactment of this subtitle, and no payment may be 
made under this section to any such facility after a payment has been 
made with respect to such facility for a period of 10 fiscal years.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the purposes of this section 
$10,000,000 for each of the fiscal years 2006 through 2015.

SEC. 242. HYDROELECTRIC EFFICIENCY IMPROVEMENT.

    (a) Incentive Payments.--The Secretary of Energy shall make 
incentive payments to the owners or operators of hydroelectric 
facilities at existing dams to be used to make capital improvements in 
the facilities that are directly related to improving the efficiency of 
such facilities by at least 3 percent.
    (b) Limitations.--Incentive payments under this section shall not 
exceed 10 percent of the costs of the capital improvement concerned and 
not more than 1 payment may be made with respect to improvements at a 
single facility. No payment in excess of $750,000 may be made with 
respect to improvements at a single facility.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section not more than $10,000,000 for 
each of the fiscal years 2006 through 2015.

SEC. 243. SMALL HYDROELECTRIC POWER PROJECTS.

    Section 408(a)(6) of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2708(a)(6)) is amended by striking ``April 20, 1977'' 
and inserting ``March 4, 2003''.

                    TITLE III--OIL AND GAS--COMMERCE

           Subtitle A--Petroleum Reserve and Home Heating Oil

SEC. 301. PERMANENT AUTHORITY TO OPERATE THE STRATEGIC PETROLEUM 
              RESERVE AND OTHER ENERGY PROGRAMS.

    (a) Amendment to Title I of the Energy Policy and Conservation 
Act.--Title I of the Energy Policy and Conservation Act (42 U.S.C. 6211 
et seq.) is amended--
            (1) by striking section 166 (42 U.S.C. 6246) and inserting 
        the following:

                   ``authorization of appropriations

    ``Sec. 166. There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this part and part 
D, to remain available until expended.'';
            (2) by striking section 186 (42 U.S.C. 6250e); and
            (3) by striking part E (42 U.S.C. 6251; relating to the 
        expiration of title I of the Act).
    (b) Amendment to Title II of the Energy Policy and Conservation 
Act.--Title II of the Energy Policy and Conservation Act (42 U.S.C. 
6271 et seq.) is amended--
            (1) by inserting before section 273 (42 U.S.C. 6283) the 
        following:

          ``PART C--SUMMER FILL AND FUEL BUDGETING PROGRAMS'';

            (2) by striking section 273(e) (42 U.S.C. 6283(e); relating 
        to the expiration of summer fill and fuel budgeting programs); 
        and
            (3) by striking part D (42 U.S.C. 6285; relating to the 
        expiration of title II of the Act).
    (c) Technical Amendments.--The table of contents for the Energy 
Policy and Conservation Act is amended--
            (1) by inserting after the items relating to part C of 
        title I the following:

              ``Part D--Northeast home heating oil Reserve

``Sec. 181. Establishment.
``Sec. 182. Authority.
``Sec. 183. Conditions for release; plan.
``Sec. 184. Northeast Home Heating Oil Reserve Account.
``Sec. 185. Exemptions.'';
            (2) by amending the items relating to part C of title II to 
        read as follows:

           ``Part C--Summer fill and fuel budgeting programs

``Sec. 273. Summer fill and fuel budgeting programs.'';
        and
            (3) by striking the items relating to part D of title II.
    (d) Amendment to the Energy Policy and Conservation Act.--Section 
183(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 
6250(b)(1)) is amended by striking all after ``increases'' through to 
``mid-October through March'' and inserting ``by more than 60 percent 
over its 5-year rolling average for the months of mid-October through 
March (considered as a heating season average)''.
    (e) Fill Strategic Petroleum Reserve to Capacity.--The Secretary of 
Energy shall, as expeditiously as practicable, acquire petroleum in 
amounts sufficient to fill the Strategic Petroleum Reserve to the 
1,000,000,000 barrel capacity authorized under section 154(a) of the 
Energy Policy and Conservation Act (42 U.S.C. 6234(a)), consistent with 
the provisions of sections 159 and 160 of such Act (42 U.S.C. 6239, 
6240).

SEC. 302. NATIONAL OILHEAT RESEARCH ALLIANCE.

    Section 713 of the Energy Act of 2000 (42 U.S.C. 6201 note) is 
amended by striking ``4'' and inserting ``9''.

SEC. 303. SITE SELECTION.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy shall complete a proceeding to select, from sites 
that the Secretary has previously studied, sites necessary to enable 
acquisition by the Secretary of the full authorized volume of the 
Strategic Petroleum Reserve.

SEC. 304. SUSPENSION OF STRATEGIC PETROLEUM RESERVE DELIVERIES.

    The Secretary of Energy shall suspend deliveries of royalty-in-kind 
oil to the Strategic Petroleum Reserve until the price of oil falls 
below $40 per barrel for 2 consecutive weeks on the New York Mercantile 
Exchange.

                   Subtitle B--Production Incentives

SEC. 320. LIQUEFACTION OR GASIFICATION NATURAL GAS TERMINALS.

    (a) Scope of Natural Gas Act.--Section 1(b) of the Natural Gas Act 
(15 U.S.C. 717(b)) is amended by inserting ``and to the importation or 
exportation of natural gas in foreign commerce and to persons engaged 
in such importation or exportation,'' after ``such transportation or 
sale,''.
    (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) 
is amended by adding at the end the following new paragraph:
            ``(11) `Liquefaction or gasification natural gas terminal' 
        includes all facilities located onshore or in State waters that 
        are used to receive, unload, load, store, transport, gasify, 
        liquefy, or process natural gas that is imported to the United 
        States from a foreign country, exported to a foreign country 
        from the United States, or transported in interstate commerce 
        by waterborne tanker, but does not include--
                    ``(A) waterborne tankers used to deliver natural 
                gas to or from any such facility; or
                    ``(B) any pipeline or storage facility subject to 
                the jurisdiction of the Commission under section 7.''.
    (c) Authorization for Construction, Expansion, or Operation of 
Liquefaction or Gasification Natural Gas Terminals.--(1) The title for 
section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
inserting ``; liquefaction or gasification natural gas terminals'' 
after ``exportation or importation of natural gas''.
    (2) Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
adding at the end the following:
    ``(d) Authorization for Construction, Expansion, or Operation of 
Liquefaction or Gasification Natural Gas Terminals.--
            ``(1) Commission authorization required.--No person shall 
        construct, expand, or operate a liquefaction or gasification 
        natural gas terminal without an order from the Commission 
        authorizing such person to do so.
            ``(2) Authorization procedures.--
                    ``(A) Notice and hearing.--Upon the filing of any 
                application to construct, expand, or operate a 
                liquefaction or gasification natural gas terminal, the 
                Commission shall--
                            ``(i) set the matter for hearing;
                            ``(ii) give reasonable notice of the 
                        hearing to all interested persons, including 
                        the State commission of the State in which the 
                        liquefaction or gasification natural gas 
                        terminal is located;
                            ``(iii) decide the matter in accordance 
                        with this subsection; and
                            ``(iv) issue or deny the appropriate order 
                        accordingly.
                    ``(B) Designation as lead agency.--
                            ``(i) In general.--The Commission shall act 
                        as the lead agency for the purposes of 
                        coordinating all applicable Federal 
                        authorizations and for the purposes of 
                        complying with the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4312 et seq.) for 
                        a liquefaction or gasification natural gas 
                        terminal.
                            ``(ii) Other agencies.--Each Federal agency 
                        considering an aspect of the construction, 
                        expansion, or operation of a liquefaction or 
                        gasification natural gas terminal shall 
                        cooperate with the Commission and comply with 
                        the deadlines established by the Commission.
                    ``(C) Schedule.--
                            ``(i) Commission authority to set 
                        schedule.--The Commission shall establish a 
                        schedule for all Federal and State 
                        administrative proceedings required under 
                        authority of Federal law to construct, expand, 
                        or operate a liquefaction or gasification 
                        natural gas terminal. In establishing the 
                        schedule, the Commission shall--
                                    ``(I) ensure expeditious completion 
                                of all such proceedings; and
                                    ``(II) accommodate the applicable 
                                schedules established by Federal law 
                                for such proceedings.
                            ``(ii) Failure to meet schedule.--If a 
                        Federal or State administrative agency does not 
                        complete a proceeding for an approval that is 
                        required before a person may construct, expand, 
                        or operate the liquefaction or gasification 
                        natural gas terminal, in accordance with the 
                        schedule established by the Commission under 
                        this subparagraph, and if--
                                    ``(I) a determination has been made 
                                by the Court pursuant to section 19(d) 
                                that such delay is unreasonable; and
                                    ``(II) the agency has failed to act 
                                on any remand by the Court within the 
                                deadline set by the Court,
                        that approval may be conclusively presumed by 
                        the Commission.
                    ``(D) Exclusive record.--The Commission shall, with 
                the cooperation of Federal and State administrative 
                agencies and officials, maintain a complete 
                consolidated record of all decisions made or actions 
                taken by the Commission or by a Federal administrative 
                agency or officer (or State administrative agency or 
                officer acting under delegated Federal authority) with 
                respect to the construction, expansion, or operation of 
                a liquefaction or gasification natural gas terminal. 
                Such record shall be the exclusive record for any 
                Federal administrative proceeding that is an appeal or 
                review of any such decision made or action taken.
                    ``(E) State and local safety considerations.--
                            ``(i) In general.--The Commission shall 
                        consult with the State commission of the State 
                        in which the liquefaction or gasification 
                        natural gas terminal is located regarding State 
                        and local safety considerations prior to 
                        issuing an order pursuant to this subsection 
                        and consistent with the schedule established 
                        under subparagraph (C).
                            ``(ii) State safety inspections.--The State 
                        commission of the State in which a liquefaction 
                        or gasification natural gas terminal is located 
                        may, after the terminal is operational, conduct 
                        safety inspections with respect to the 
                        liquefaction or gasification natural gas 
                        terminal if--
                                    ``(I) the State commission provides 
                                written notice to the Commission of its 
                                intention to do so; and
                                    ``(II) the inspections will be 
                                carried out in conformance with Federal 
                                regulations and guidelines.
                        Enforcement of any safety violation discovered 
                        by a State commission pursuant to this clause 
                        shall be carried out by Federal officials. The 
                        Commission shall take appropriate action in 
                        response to a report of a violation not later 
                        that 90 days after receiving such report.
                            ``(iii) State and local safety 
                        considerations.--For the purposes of this 
                        subparagraph, State and local safety 
                        considerations include--
                                    ``(I) the kind and use of the 
                                facility;
                                    ``(II) the existing and projected 
                                population and demographic 
                                characteristics of the location;
                                    ``(III) the existing and proposed 
                                land use near the location;
                                    ``(IV) the natural and physical 
                                aspects of the location;
                                    ``(V) the medical, law enforcement, 
                                and fire prevention capabilities near 
                                the location that can respond at the 
                                facility; and
                                    ``(VI) the feasibility of remote 
                                siting.
                    ``(F) Limitation.--Subparagraph (C)(ii) shall not 
                apply to any approval required to protect navigation, 
                maritime safety, or maritime security.
            ``(3) Issuance of commission order.--
                    ``(A) In general.--The Commission shall issue an 
                order authorizing, in whole or in part, the 
                construction, expansion, or operation covered by the 
                application to any qualified applicant--
                            ``(i) unless the Commission finds such 
                        actions or operations will not be consistent 
                        with the public interest; and
                            ``(ii) if the Commission has found that the 
                        applicant is--
                                    ``(I) able and willing to carry out 
                                the actions and operations proposed; 
                                and
                                    ``(II) willing to conform to the 
                                provisions of this Act and any 
                                requirements, rules, and regulations of 
                                the Commission set forth under this 
                                Act.
                    ``(B) Terms and conditions.--The Commission may by 
                its order grant an application, in whole or in part, 
                with such modification and upon such terms and 
                conditions as the Commission may find necessary or 
                appropriate.
                    ``(C) Limitations on terms and conditions to 
                commission order.--
                            ``(i) In general.--Any Commission order 
                        issued pursuant to this subsection before 
                        January 1, 2011, shall not be conditioned on--
                                    ``(I) a requirement that the 
                                liquefaction or gasification natural 
                                gas terminal offer service to persons 
                                other than the person, or any affiliate 
                                thereof, securing the order; or
                                    ``(II) any regulation of the 
                                liquefaction or gasification natural 
                                gas terminal's rates, charges, terms, 
                                or conditions of service.
                            ``(ii) Inapplicable to terminal exit 
                        pipeline.--Clause (i) shall not apply to any 
                        pipeline subject to the jurisdiction of the 
                        Commission under section 7 exiting a 
                        liquefaction or gasification natural gas 
                        terminal.
                            ``(iii) Expansion of regulated terminal.--
                        An order issued under this paragraph that 
                        relates to an expansion of an existing 
                        liquefaction or gasification natural gas 
                        terminal, where any portion of the existing 
                        terminal continues to be subject to Commission 
                        regulation of rates, charges, terms, or 
                        conditions of service, may not result in--
                                    ``(I) subsidization of the 
                                expansion by regulated terminal users;
                                    ``(II) degradation of service to 
                                the regulated terminal users; or
                                    ``(III) undue discrimination 
                                against the regulated terminal users.
                            ``(iv) Expiration.--This subparagraph shall 
                        cease to have effect on January 1, 2021.
            ``(4) Definition.--For the purposes of this subsection, the 
        term `Federal authorization' means any authorization required 
        under Federal law in order to construct, expand, or operate a 
        liquefaction or gasification natural gas terminal, including 
        such permits, special use authorizations, certifications, 
        opinions, or other approvals as may be required, whether issued 
        by a Federal or State agency.''.
    (d) Judicial Review.--Section 19 of the Natural Gas Act (15 U.S.C. 
717r) is amended by adding at the end the following:
    ``(d) Judicial Review.--
            ``(1) In general.--The United States Court of Appeals for 
        the District of Columbia Circuit shall have original and 
        exclusive jurisdiction over any civil action--
                    ``(A) for review of any order, action, or failure 
                to act of any Federal or State administrative agency to 
                issue, condition, or deny any permit, license, 
                concurrence, or approval required under Federal law for 
                the construction, expansion, or operation of a 
                liquefaction or gasification natural gas terminal;
                    ``(B) alleging unreasonable delay, in meeting a 
                schedule established under section 3(d)(2)(C) or 
                otherwise, by any Federal or State administrative 
                agency in entering an order or taking other action 
                described in subparagraph (A); or
                    ``(C) challenging any decision made or action taken 
                by the Commission under section 3(d).
            ``(2) Commission action.--For any action described in this 
        subsection, the Commission shall file with the Court the 
        consolidated record maintained under section 3(d)(2)(D).
            ``(3) Court action.--If the Court finds under paragraph 
        (1)(A) or (B) that an order, action, failure to act, or delay 
        is inconsistent with applicable Federal law, and would prevent 
        the construction, expansion, or operation of a liquefaction or 
        gasification natural gas terminal, the order or action shall be 
        deemed to have been issued or taken, subject to any conditions 
        established by the Federal or State administrative agency upon 
        remand from the Court, such conditions to be consistent with 
        the order of the Court. If the Court remands the order or 
        action to the Federal or State agency, the Court shall set a 
        reasonable deadline for the agency to act on remand.
            ``(4) Unreasonable delay.--For the purposes of paragraph 
        (1)(B), the failure of an agency to issue a permit, license, 
        concurrence, or approval within the later of--
                    ``(A) 1 year after the date of filing of an 
                application for the permit, license, concurrence, or 
                approval; or
                    ``(B) 60 days after the date of issuance of the 
                order under section 3(d),
        shall be considered unreasonable delay unless the Court, for 
        good cause shown, determines otherwise.
            ``(5) Expedited review.--The Court shall set any action 
        brought under this subsection for expedited consideration.''.

SEC. 327. HYDRAULIC FRACTURING.

    Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 
U.S.C. 300h(d)) is amended to read as follows:
            ``(1) Underground injection.--The term `underground 
        injection'--
                    ``(A) means the subsurface emplacement of fluids by 
                well injection; and
                    ``(B) excludes--
                            ``(i) the underground injection of natural 
                        gas for purposes of storage; and
                            ``(ii) the underground injection of fluids 
                        or propping agents pursuant to hydraulic 
                        fracturing operations related to oil or gas 
                        production activities.''.

SEC. 328. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
            ``(24) Oil and gas exploration and production.--The term 
        `oil and gas exploration, production, processing, or treatment 
        operations or transmission facilities' means all field 
        activities or operations associated with exploration, 
        production, processing, or treatment operations, or 
        transmission facilities, including activities necessary to 
        prepare a site for drilling and for the movement and placement 
        of drilling equipment, whether or not such field activities or 
        operations may be considered to be construction activities.''.

SEC. 329. OUTER CONTINENTAL SHELF PROVISIONS.

    (a) Storage on the Outer Continental Shelf.--Section 5(a)(5) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(5)) is amended by 
inserting ``from any source'' after ``oil and gas''.
    (b) Deepwater Projects.--Section 6 of the Deepwater Port Act of 
1974 (33 U.S.C. 1505) is amended by adding at the end the following:
    ``(d) Reliance on Activities of Other Agencies.--In fulfilling the 
requirements of section 5(f)--
            ``(1) to the extent that other Federal agencies have 
        prepared environmental impact statements, are conducting 
        studies, or are monitoring the affected human, marine, or 
        coastal environment, the Secretary may use the information 
        derived from those activities in lieu of directly conducting 
        such activities; and
            ``(2) the Secretary may use information obtained from any 
        State or local government or from any person.''.
    (c) Natural Gas Defined.--Section 3(13) of the Deepwater Port Act 
of 1974 (33 U.S.C. 1502(13)) is amended to read as follows:
            ``(13) natural gas means--
                    ``(A) natural gas unmixed; or
                    ``(B) any mixture of natural or artificial gas, 
                including compressed or liquefied natural gas, natural 
                gas liquids, liquefied petroleum gas, and condensate 
                recovered from natural gas;''.

SEC. 330. APPEALS RELATING TO PIPELINE CONSTRUCTION OR OFFSHORE MINERAL 
              DEVELOPMENT PROJECTS.

    (a) Agency of Record, Pipeline Construction Projects.--Any Federal 
administrative agency proceeding that is an appeal or review under 
section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465), as amended by this Act, related to Federal authority for an 
interstate natural gas pipeline construction project, including 
construction of natural gas storage and liquefied natural gas 
facilities, shall use as its exclusive record for all purposes the 
record compiled by the Federal Energy Regulatory Commission pursuant to 
the Commission's proceeding under sections 3 and 7 of the Natural Gas 
Act (15 U.S.C. 717b, 717f).
    (b) Sense of Congress.--It is the sense of Congress that all 
Federal and State agencies with jurisdiction over interstate natural 
gas pipeline construction activities should coordinate their 
proceedings within the timeframes established by the Federal Energy 
Regulatory Commission when the Commission is acting under sections 3 
and 7 of the Natural Gas Act (15 U.S.C. 717b, 717f) to determine 
whether a certificate of public convenience and necessity should be 
issued for a proposed interstate natural gas pipeline.
    (c) Agency of Record, Offshore Mineral Development Projects.--Any 
Federal administrative agency proceeding that is an appeal or review 
under section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465), as amended by this Act, related to Federal authority for the 
permitting, approval, or other authorization of energy projects, 
including projects to explore, develop, or produce mineral resources in 
or underlying the outer Continental Shelf shall use as its exclusive 
record for all purposes (except for the filing of pleadings) the record 
compiled by the relevant Federal permitting agency.

SEC. 332. NATURAL GAS MARKET REFORM.

    (a) Clarification of Existing CFTC Authority.--
            (1) False reporting.--Section 9(a)(2) of the Commodity 
        Exchange Act (7 U.S.C. 13(a)(2)) is amended by striking ``false 
        or misleading or knowingly inaccurate reports'' and inserting 
        ``knowingly false or knowingly misleading or knowingly 
        inaccurate reports''.
            (2) Commission administrative and civil authority.--Section 
        9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by 
        redesignating subsection (f) as subsection (e), and adding:
    ``(f) Commission Administrative and Civil Authority.--The 
Commission may bring administrative or civil actions as provided in 
this Act against any person for a violation of any provision of this 
section including, but not limited to, false reporting under subsection 
(a)(2).''.
            (3) Effect of amendments.--The amendments made by 
        paragraphs (1) and (2) restate, without substantive change, 
        existing burden of proof provisions and existing Commission 
        civil enforcement authority, respectively. These clarifying 
        changes do not alter any existing burden of proof or grant any 
        new statutory authority. The provisions of this section, as 
        restated herein, continue to apply to any action pending on or 
        commenced after the date of enactment of this Act for any act, 
        omission, or violation occurring before, on, or after, such 
        date of enactment.
    (b) Fraud Authority.--Section 4b of the Commodity Exchange Act (7 
U.S.C. 6b) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by striking subsection (a) and inserting the following:
    ``(a) It shall be unlawful--
            ``(1) for any person, in or in connection with any order to 
        make, or the making of, any contract of sale of any commodity 
        for future delivery or in interstate commerce, that is made, or 
        to be made, on or subject to the rules of a designated contract 
        market, for or on behalf of any other person; or
            ``(2) for any person, in or in connection with any order to 
        make, or the making of, any contract of sale of any commodity 
        for future delivery, or other agreement, contract, or 
        transaction subject to section 5a(g) (1) and (2) of this Act, 
        that is made, or to be made, for or on behalf of, or with, any 
        other person, other than on or subject to the rules of a 
        designated contract market--
                    ``(A) to cheat or defraud or attempt to cheat or 
                defraud such other person;
                    ``(B) willfully to make or cause to be made to such 
                other person any false report or statement or willfully 
                to enter or cause to be entered for such other person 
                any false record;
                    ``(C) willfully to deceive or attempt to deceive 
                such other person by any means whatsoever in regard to 
                any order or contract or the disposition or execution 
                of any order or contract, or in regard to any act of 
                agency performed, with respect to any order or contract 
                for or, in the case of subsection (a)(2), with such 
                other person; or
                    ``(D)(i) to bucket an order if such order is either 
                represented by such person as an order to be executed, 
                or required to be executed, on or subject to the rules 
                of a designated contract market; or
                    ``(ii) to fill an order by offset against the order 
                or orders of any other person, or willfully and 
                knowingly and without the prior consent of such other 
                person to become the buyer in respect to any selling 
                order of such other person, or become the seller in 
                respect to any buying order of such other person, if 
                such order is either represented by such person as an 
                order to be executed, or required to be executed, on or 
                subject to the rules of a designated contract market.
    ``(b) Subsection (a)(2) shall not obligate any person, in 
connection with a transaction in a contract of sale of a commodity for 
future delivery, or other agreement, contract or transaction subject to 
section 5a(g) (1) and (2) of this Act, with another person, to disclose 
to such other person nonpublic information that may be material to the 
market price of such commodity or transaction, except as necessary to 
make any statement made to such other person in connection with such 
transaction, not misleading in any material respect.''.
    (c) Jurisdiction of the CFTC.--The Natural Gas Act (15 U.S.C. 717 
et seq.) is amended by adding at the end:

``SEC. 26. JURISDICTION.

    ``This Act shall not affect the exclusive jurisdiction of the 
Commodity Futures Trading Commission with respect to accounts, 
agreements, contracts, or transactions in commodities under the 
Commodity Exchange Act (7 U.S.C. 1 et seq.). Any request for 
information by the Commission to a designated contract market, 
registered derivatives transaction execution facility, board of trade, 
exchange, or market involving accounts, agreements, contracts, or 
transactions in commodities (including natural gas, electricity, and 
other energy commodities) within the exclusive jurisdiction of the 
Commodity Futures Trading Commission shall be directed to the Commodity 
Futures Trading Commission, which shall cooperate in responding to any 
information request by the Commission.''.
    (d) Increased Penalties.--Section 21 of the Natural Gas Act (15 
U.S.C. 717t) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$5,000'' and inserting 
                ``$1,000,000''; and
                    (B) by striking ``two years'' and inserting ``5 
                years''; and
            (2) in subsection (b), by striking ``$500'' and inserting 
        ``$50,000''.

SEC. 333. NATURAL GAS MARKET TRANSPARENCY.

    The Natural Gas Act (15 U.S.C 717 et seq.) is amended--
            (1) by redesignating section 24 as section 25; and
            (2) by inserting after section 23 the following:

``SEC. 24. NATURAL GAS MARKET TRANSPARENCY.

    ``(a) Authorization.--(1) Not later than 180 days after the date of 
enactment of the Energy Policy Act of 2005, the Federal Energy 
Regulatory Commission shall issue rules directing all entities subject 
to the Commission's jurisdiction as provided under this Act to timely 
report information about the availability and prices of natural gas 
sold at wholesale in interstate commerce to the Commission and price 
publishers.
    ``(2) The Commission shall evaluate the data for adequate price 
transparency and accuracy.
    ``(3) Rules issued under this subsection requiring the reporting of 
information to the Commission that may become publicly available shall 
be limited to aggregate data and transaction-specific data that are 
otherwise required by the Commission to be made public.
    ``(4) In exercising its authority under this section, the 
Commission shall not--
            ``(A) compete with, or displace from the market place, any 
        price publisher; or
            ``(B) regulate price publishers or impose any requirements 
        on the publication of information.
    ``(b) Timely Enforcement.--No person shall be subject to any 
penalty under this section with respect to a violation occurring more 
than 3 years before the date on which the Federal Energy Regulatory 
Commission seeks to assess a penalty.
    ``(c) Limitation on Commission Authority.--(1) The Commission shall 
not condition access to interstate pipeline transportation upon the 
reporting requirements authorized under this section.
    ``(2) Natural gas sales by a producer that are attributable to 
volumes of natural gas produced by such producer shall not be subject 
to the rules issued pursuant to this section.
    ``(3) The Commission shall not require natural gas producers, 
processors, or users who have a de minimis market presence to 
participate in the reporting requirements provided in this section.''.

SEC. 334. OIL, GAS, AND MINERAL INDUSTRY WORKERS.

    Congress recognizes that a critical component in meeting expanded 
domestic oil and gas supplies is the availability of adequate numbers 
of trained and skilled workers who can undertake the difficult, 
complex, and often hazardous tasks to bring new supplies into 
production. Years of volatility in oil and gas prices, and uncertainty 
over Federal policy on access to resources, has created a severe 
shortage of skilled workers for the oil and gas industry. To address 
this shortage, the Secretary of Energy, in consultation with the 
Secretary of Labor, shall evaluate both the short term and longer term 
availability of skilled workers to meet the energy security 
requirements of the United States, addressing the availability of 
skilled labor at both entry level and at more senior levels in the oil, 
gas, and mineral industries. Within twelve months of the date of 
enactment of this Act, the Secretary of Energy, the Secretary of Labor, 
and the Secretary of the Interior shall submit to Congress a report 
with recommendations as appropriate to meet the future labor 
requirements for the domestic extraction industries.

                   Subtitle C--Access to Federal Land

SEC. 344. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior and the Secretary 
of Agriculture shall enter into a memorandum of understanding regarding 
oil and gas leasing on--
            (1) public lands under the jurisdiction of the Secretary of 
        the Interior; and
            (2) National Forest System lands under the jurisdiction of 
        the Secretary of Agriculture.
    (b) Contents.--The memorandum of understanding shall include 
provisions that--
            (1) establish administrative procedures and lines of 
        authority that ensure timely processing of oil and gas lease 
        applications, surface use plans of operation, and applications 
        for permits to drill, including steps for processing surface 
        use plans and applications for permits to drill consistent with 
        the timelines established by the amendment made by section 348;
            (2) eliminate duplication of effort by providing for 
        coordination of planning and environmental compliance efforts; 
        and
            (3) ensure that lease stipulations are--
                    (A) applied consistently;
                    (B) coordinated between agencies; and
                    (C) only as restrictive as necessary to protect the 
                resource for which the stipulations are applied.
    (c) Data Retrieval System.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Interior and the 
        Secretary of Agriculture shall establish a joint data retrieval 
        system that is capable of--
                    (A) tracking applications and formal requests made 
                in accordance with procedures of the Federal onshore 
                oil and gas leasing program; and
                    (B) providing information regarding the status of 
                the applications and requests within the Department of 
                the Interior and the Department of Agriculture.
            (2) Resource mapping.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary of the Interior 
        and the Secretary of Agriculture shall establish a joint 
        Geographic Information System mapping system for use in--
                    (A) tracking surface resource values to aid in 
                resource management; and
                    (B) processing surface use plans of operation and 
                applications for permits to drill.

SEC. 346. COMPLIANCE WITH EXECUTIVE ORDER NO. 13211; ACTIONS CONCERNING 
              REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, 
              DISTRIBUTION, OR USE.

    (a) Requirement.--The head of each Federal agency shall require 
that before the Federal agency takes any action that could have a 
significant adverse effect on the supply of domestic energy resources 
from Federal public land, the Federal agency taking the action shall 
comply with Executive Order No. 13211 (42 U.S.C. 13201 note).
    (b) Guidance.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall publish guidance for 
purposes of this section describing what constitutes a significant 
adverse effect on the supply of domestic energy resources under 
Executive Order No. 13211 (42 U.S.C. 13201 note).
    (c) Memorandum of Understanding.--The Secretary of the Interior and 
the Secretary of Agriculture shall include in the memorandum of 
understanding under section 344 provisions for implementing subsection 
(a) of this section.

SEC. 355. ENCOURAGING GREAT LAKES OIL AND GAS DRILLING BAN.

    Congress encourages no Federal or State permit or lease to be 
issued for new oil and gas slant, directional, or offshore drilling in 
or under one or more of the Great Lakes.

SEC. 358. FEDERAL COALBED METHANE REGULATION.

    Any State currently on the list of Affected States established 
under section 1339(b) of the Energy Policy Act of 1992 (42 U.S.C. 
13368(b)) shall be removed from the list if, not later than 3 years 
after the date of enactment of this Act, the State takes, or prior to 
the date of enactment has taken, any of the actions required for 
removal from the list under such section 1339(b).

                  Subtitle D--Refining Revitalization

SEC. 371. SHORT TITLE.

    This subtitle may be cited as the ``United States Refinery 
Revitalization Act of 2005''.

SEC. 372. FINDINGS.

    Congress finds the following:
            (1) It serves the national interest to increase petroleum 
        refining capacity for gasoline, heating oil, diesel fuel, jet 
        fuel, kerosene, and petrochemical feedstocks wherever located 
        within the United States, to bring more supply to the markets 
        for use by the American people. Nearly 50 percent of the 
        petroleum in the United States is used for the production of 
        gasoline. Refined petroleum products have a significant impact 
        on interstate commerce.
            (2) United States demand for refined petroleum products 
        currently exceeds the country's petroleum refining capacity to 
        produce such products. By 2025, United States gasoline 
        consumption is projected to rise from 8,900,000 barrels per day 
        to 12,900,000 barrels per day. Diesel fuel and home heating oil 
        are becoming larger components of an increasing demand for 
        refined petroleum supply. With the increase in air travel, jet 
        fuel consumption is projected to be 789,000 barrels per day 
        higher in 2025 than today.
            (3) The petroleum refining industry is operating at 95 
        percent of capacity. The United States is currently importing 5 
        percent of its refined petroleum products and because of the 
        stringent United States gasoline and diesel fuel 
        specifications, few foreign refiners can produce the clean 
        fuels required in the United States and the number of foreign 
        suppliers that can produce United States quality gasoline is 
        decreasing.
            (4) Refiners are subject to significant environmental and 
        other regulations and face several new Clean Air Act 
        requirements over the next decade. New Clean Air Act 
        requirements will benefit the environment but will also require 
        substantial capital investment and additional government 
        permits.
            (5) No new refinery has been built in the United States 
        since 1976 and many smaller domestic refineries have become 
        idle since the removal of the Domestic Crude Oil Allocation 
        Program and because of regulatory uncertainty and generally low 
        returns on capital employed. Today, the United States has 149 
        refineries, down from 324 in 1981. Restoration of recently 
        idled refineries alone would amount to 483,570 barrels a day in 
        additional capacity, or approximately 3.3 percent of the total 
        operating capacity.
            (6) Refiners have met growing demand by increasing the use 
        of existing equipment and increasing the efficiency and 
        capacity of existing plants. But refining capacity has begun to 
        lag behind peak summer demand.
            (7) Heavy industry and manufacturing jobs have closed or 
        relocated due to barriers to investment, burdensome regulation, 
        and high costs of operation, among other reasons.
            (8) Because the production and disruption in supply of 
        refined petroleum products has a significant impact on 
        interstate commerce, it serves the national interest to 
        increase the domestic refining operating capacity.
            (10) More regulatory certainty for refinery owners is 
        needed to stimulate investment in increased refinery capacity 
        and required procedures for Federal, State, and local 
        regulatory approvals need to be streamlined to ensure that 
        increased refinery capacity can be developed and operated in a 
        safe, timely, and cost-effective manner.
            (11) The proposed Yuma Arizona Refinery, a grassroots 
        refinery facility, which only recently received its Federal air 
        quality permit after 5 years under the current regulatory 
        process, and is just now beginning its environmental impact 
        statement and local permitting process, serves as an example of 
        the obstacles a refiner would have to overcome to reopen an 
        idle refinery.

SEC. 373. PURPOSE.

    The purpose of this subtitle is to encourage the expansion of the 
United States refining capacity by providing an accelerated review and 
approval process of all regulatory approvals for certain idle 
refineries and lending corresponding legal and technical assistance to 
States with resources that may be inadequate to meet such permit review 
demands.

SEC. 374. DESIGNATION OF REFINERY REVITALIZATION ZONES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall designate as a Refinery Revitalization Zone any area--
            (1) that--
                    (A) has experienced mass layoffs at manufacturing 
                facilities, as determined by the Secretary of Labor; or
                    (B) contains an idle refinery; and
            (2) that has an unemployment rate that exceeds the national 
        average by at least 10 percent of the national average, as set 
        by the Department of Labor, Bureau of Labor Statistics, at the 
        time of the designation as a Refinery Revitalization Zone.

SEC. 375. MEMORANDUM OF UNDERSTANDING.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall enter into a memorandum of 
understanding with the Administrator for the purposes of this subtitle. 
The Secretary and the Administrator shall each designate a senior 
official responsible for, and dedicate sufficient other staff and 
resources to ensure, full implementation of the purposes of this 
subtitle and any regulations enacted pursuant to this subtitle.
    (b) Additional Signatories.--The Governor of any State, and the 
appropriate representative of any Indian Tribe, with jurisdiction over 
a Refinery Revitalization Zone, as designated by the Secretary pursuant 
to section 374, may be signatories to the memorandum of understanding 
under this section.

SEC. 376. STATE ENVIRONMENTAL PERMITTING ASSISTANCE.

    Not later than 30 days after a Revitalization Program Qualifying 
State becomes a signatory to the memorandum of understanding under 
section 375(b)--
            (1) the Secretary shall designate one or more employees of 
        the Department with expertise relating to the siting and 
        operation of refineries to provide legal and technical 
        assistance to that Revitalization Program Qualifying State; and
            (2) the Administrator shall designate, to provide legal and 
        technical assistance for that Revitalization Program Qualifying 
        State, one or more employees of the Environmental Protection 
        Agency with expertise on regulatory issues, relating to the 
        siting and operation of refineries, with respect to each of--
                    (A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (C) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (D) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (E) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (F) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    (G) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); and
                    (H) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).

SEC. 377. COORDINATION AND EXPEDITIOUS REVIEW OF PERMITTING PROCESS.

    (a) Department of Energy as Lead Agency.--Upon written request of a 
prospective applicant for Federal authorization for a refinery facility 
in a Refinery Revitalization Zone, the Department shall act as the lead 
Federal agency for the purposes of coordinating all applicable Federal 
authorizations and environmental reviews of the refining facility. To 
the maximum extent practicable under applicable Federal law, the 
Secretary shall coordinate this Federal authorization and review 
process with any Indian Tribes and State and local agencies responsible 
for conducting any separate permitting and environmental reviews of the 
refining facility.
    (b) Schedule.--
            (1) In general.--The Secretary, in coordination with the 
        agencies with authority over Federal authorizations and, as 
        appropriate, with Indian Tribes and State and local agencies 
        that are willing to coordinate their separate permitting and 
        environmental reviews with the Federal authorizations and 
        environmental reviews, shall establish a schedule with prompt 
        and binding intermediate and ultimate deadlines for the review 
        of, and Federal authorization decisions relating to, refinery 
        facility siting and operation.
            (2) Preapplication process.--Prior to establishing the 
        schedule, the Secretary shall provide an expeditious 
        preapplication mechanism for applicants to confer with the 
        agencies involved and to have each agency communicate to the 
        prospective applicant within 60 days concerning--
                    (A) the likelihood of approval for a potential 
                refinery facility; and
                    (B) key issues of concern to the agencies and local 
                community.
            (3) Schedule.--The Secretary shall consider the 
        preapplication findings under paragraph (2) in setting the 
        schedule and shall ensure that once an application has been 
        submitted with such information as the Secretary considers 
        necessary, all permit decisions and related environmental 
        reviews under all applicable Federal laws shall be completed 
        within 6 months or, where circumstances require otherwise, as 
        soon as thereafter practicable.
    (c) Consolidated Environmental Review.--
            (1) Lead agency.--In carrying out its role as the lead 
        Federal agency for environmental review, the Department shall 
        coordinate all applicable Federal actions for complying with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) and shall be responsible for preparing any 
        environmental impact statement required by section 102(2)(C) of 
        that Act (42 U.S.C. 4332(2)(C)) or such other form of 
        environmental review as is required.
            (2) Consolidation of statements.--In carrying out paragraph 
        (1), if the Department determines an environmental impact 
        statement is required, the Department shall prepare a single 
        environmental impact statement, which shall consolidate the 
        environmental reviews of all Federal agencies considering any 
        aspect of the project covered by the environmental impact 
        statement.
    (d) Other Agencies.--Each Federal agency considering an aspect of 
the siting or operation of a refinery facility in a Refinery 
Revitalization Zone shall cooperate with the Department and comply with 
the deadlines established by the Department in the preparation of any 
environmental impact statement or such other form of review as is 
required.
    (e) Exclusive Record.--The Department shall, with the cooperation 
of Federal and State administrative agencies and officials, maintain a 
complete consolidated record of all decisions made or actions taken by 
the Department or by a Federal administrative agency or officer (or 
State administrative agency or officer acting under delegated Federal 
authority) with respect to the siting or operation of a refinery 
facility in a Refinery Revitalization Zone. Such record shall be the 
exclusive record for any Federal administrative proceeding that is an 
appeal or review of any such decision made or action taken.
    (f) Appeals.--In the event any agency has denied a Federal 
authorization required for a refinery facility in a Refinery 
Revitalization Zone, or has failed to act by a deadline established by 
the Secretary pursuant to subsection (b) for deciding whether to issue 
the Federal authorization, the applicant or any State in which the 
refinery facility would be located may file an appeal with the 
Secretary. Based on the record maintained under subsection (e), and in 
consultation with the affected agency, the Secretary may then either 
issue the necessary Federal authorization with appropriate conditions, 
or deny the appeal. The Secretary shall issue a decision within 60 days 
after the filing of the appeal. In making a decision under this 
subsection, the Secretary shall comply with applicable requirements of 
Federal law, including each of the laws referred to in section 
376(2)(A) through (H). Any judicial appeal of the Secretary's decision 
shall be to the United States Court of Appeals for the District of 
Columbia.
    (g) Conforming Regulations.--Not later than 6 months after the date 
of enactment of this Act, the Secretary shall issue any regulations 
necessary to implement this subtitle.

SEC. 378. COMPLIANCE WITH ALL ENVIRONMENTAL REGULATIONS REQUIRED.

    Nothing in this subtitle shall be construed to waive the 
applicability of environmental laws and regulations to any refinery 
facility.

SEC. 379. DEFINITIONS.

    For the purposes of this subtitle, the term--
            (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
            (2) ``Department'' means the Department of Energy;
            (3) ``Federal authorization'' means any authorization 
        required under Federal law (including the Clean Air Act, the 
        Federal Water Pollution Control Act, the Safe Drinking Water 
        Act, the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980, the Solid Waste Disposal Act, the 
        Toxic Substances Control Act, the National Historic 
        Preservation Act, and the National Environmental Policy Act of 
        1969) in order to site, construct, upgrade, or operate a 
        refinery facility within a Refinery Revitalization Zone, 
        including such permits, special use authorizations, 
        certifications, opinions, or other approvals as may be 
        required, whether issued by a Federal, State, or local agency;
            (4) ``idle refinery'' means any real property site that has 
        been used at any time for a refinery facility since December 
        31, 1979, that has not been in operation after April 1, 2005;
            (5) ``refinery facility'' means any facility designed and 
        operated to receive, unload, store, process and refine raw 
        crude oil by any chemical or physical process, including 
        distillation, fluid catalytic cracking, hydrocracking, coking, 
        alkylation, etherification, polymerization, catalytic 
        reforming, isomerization, hydrotreating, blending, and any 
        combination thereof;
            (6) ``Revitalization Program Qualifying State'' means a 
        State or Indian Tribe that--
                    (A) has entered into the memorandum of 
                understanding pursuant to section 375(b); and
                    (B) has established a refining infrastructure 
                coordination office that the Secretary finds will 
                facilitate Federal-State cooperation for the purposes 
                of this subtitle; and
            (7) ``Secretary'' means the Secretary of Energy.

                             TITLE IV--COAL

                Subtitle A--Clean Coal Power Initiative

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Clean Coal Power Initiative.--There are authorized to be 
appropriated to the Secretary of Energy (referred to in this title as 
the ``Secretary'') to carry out the activities authorized by this 
subtitle $200,000,000 for each of fiscal years 2006 through 2014, to 
remain available until expended.
    (b) Report.--The Secretary shall submit to Congress the report 
required by this subsection not later than March 31, 2007. The report 
shall include, with respect to subsection (a), a 10-year plan 
containing--
            (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 activities 
        expected to be undertaken;
            (3) a detailed list of technical milestones for each coal 
        and related technology that will be pursued; and
            (4) 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.

SEC. 402. PROJECT CRITERIA.

    (a) In General.--The Secretary shall not provide funding under this 
subtitle for any project that does not advance efficiency, 
environmental performance, and cost competitiveness well beyond the 
level of technologies that are in commercial service or have been 
demonstrated on a scale that the Secretary determines is sufficient to 
demonstrate that commercial service is viable as of the date of 
enactment of this Act.
    (b) Technical Criteria for Clean Coal Power Initiative.--
            (1) Gasification projects.--
                    (A) In general.--In allocating the funds made 
                available under section 401(a), the Secretary shall 
                ensure that at least 60 percent of the funds are used 
                only for projects on coal-based gasification 
                technologies, including gasification combined cycle, 
                gasification fuel cells, gasification coproduction, and 
                hybrid gasification/combustion.
                    (B) Technical milestones.--The Secretary shall 
                periodically set technical milestones specifying the 
                emission and thermal efficiency levels that coal 
                gasification projects under this subtitle shall be 
                designed, and reasonably expected, to achieve. The 
                technical milestones shall become more restrictive 
                during the life of the program. The Secretary shall set 
                the periodic milestones so as to achieve by 2020 coal 
                gasification projects able--
                            (i) to remove 99 percent of sulfur dioxide;
                            (ii) to emit not more than .05 lbs of 
                        NO<INF>x</INF> per million Btu;
                            (iii) to achieve substantial reductions in 
                        mercury emissions; and
                            (iv) to achieve a thermal efficiency of--
                                    (I) 60 percent for coal of more 
                                than 9,000 Btu;
                                    (II) 59 percent for coal of 7,000 
                                to 9,000 Btu; and
                                    (III) 50 percent for coal of less 
                                than 7,000 Btu.
            (2) Other projects.--The Secretary shall periodically set 
        technical milestones and ensure that up to 40 percent of the 
        funds appropriated pursuant to section 401(a) are used for 
        projects not described in paragraph (1). The milestones shall 
        specify the emission and thermal efficiency levels that 
        projects funded under this paragraph shall be designed to and 
        reasonably expected to achieve. The technical milestones shall 
        become more restrictive during the life of the program. The 
        Secretary shall set the periodic milestones so as to achieve by 
        2010 projects able--
                    (A) to remove 97 percent of sulfur dioxide;
                    (B) to emit no more than .08 lbs of NO<INF>x</INF> 
                per million Btu;
                    (C) to achieve substantial reductions in mercury 
                emissions; and
                    (D) to achieve a thermal efficiency of--
                            (i) 45 percent for coal of more than 9,000 
                        Btu;
                            (ii) 44 percent for coal of 7,000 to 9,000 
                        Btu; and
                            (iii) 40 percent for coal of less than 
                        7,000 Btu.
            (3) Consultation.--Before setting the technical milestones 
        under paragraphs (1)(B) and (2), the Secretary shall consult 
        with the Administrator of the Environmental Protection Agency 
        and interested entities, including coal producers, industries 
        using coal, organizations to promote coal or advanced coal 
        technologies, environmental organizations, and organizations 
        representing workers.
            (4) Existing units.--In the case of projects at units in 
        existence on the date of enactment of this Act, in lieu of the 
        thermal efficiency requirements set forth in paragraph 
        (1)(B)(iv) and (2)(D), the milestones shall be designed to 
        achieve an overall thermal design efficiency improvement, 
        compared to the efficiency of the unit as operated, of not less 
        than--
                    (A) 7 percent for coal of more than 9,000 Btu;
                    (B) 6 percent for coal of 7,000 to 9,000 Btu; or
                    (C) 4 percent for coal of less than 7,000 Btu.
            (5) Permitted uses.--In carrying out this subtitle, the 
        Secretary may fund projects that include, as part of the 
        project, the separation and capture of carbon dioxide. The 
        thermal efficiency goals of paragraphs (1), (2), and (4) shall 
        not apply for projects that separate and capture at least 50 
        percent of the facility's potential emissions of carbon 
        dioxide.
    (c) Financial Criteria.--The Secretary shall not provide a funding 
award under this subtitle unless the recipient documents 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 to enable 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) Financial Assistance.--The Secretary shall provide financial 
assistance to projects that meet the requirements of subsections (a), 
(b), and (c) and are likely to--
            (1) achieve overall cost reductions in the utilization of 
        coal to generate useful forms of energy;
            (2) improve the competitiveness of coal among various forms 
        of energy in order to maintain a diversity of fuel choices in 
        the United States to meet electricity generation requirements; 
        and
            (3) demonstrate methods and equipment that are applicable 
        to 25 percent of the electricity generating facilities, using 
        various types of coal, that use coal as the primary feedstock 
        as of the date of enactment of this Act.
    (e) Federal Share.--The Federal share of the cost of a coal or 
related technology project funded by the Secretary under this subtitle 
shall not exceed 50 percent.
    (f) Applicability.--No technology, or level of emission reduction, 
shall be treated as adequately demonstrated for purposes of section 111 
of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of 
section 169 of that Act (42 U.S.C. 7479), or achievable in practice for 
purposes of section 171 of that Act (42 U.S.C. 7501) solely by reason 
of the use of such technology, or the achievement of such emission 
reduction, by 1 or more facilities receiving assistance under this 
subtitle.

SEC. 403. REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
once every 2 years thereafter through 2014, the Secretary, in 
consultation with other appropriate Federal agencies, shall submit to 
Congress a report describing--
            (1) the technical milestones set forth in section 402 and 
        how those milestones ensure progress toward meeting the 
        requirements of subsections (b)(1)(B) and (b)(2) of section 
        402; and
            (2) the status of projects funded under this subtitle.

SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE.

    As part of the program authorized in section 401, the Secretary 
shall award competitive, merit-based grants to universities for the 
establishment of Centers of Excellence for Energy Systems of the 
Future. The Secretary shall provide grants to universities that show 
the greatest potential for advancing new clean coal technologies.

                    Subtitle B--Clean Power Projects

SEC. 411. COAL TECHNOLOGY LOAN.

    There are authorized to be appropriated to the Secretary 
$125,000,000 to provide a loan to the owner of the experimental plant 
constructed under United States Department of Energy cooperative 
agreement number DE-FC-22-91PC90544 on such terms and conditions as the 
Secretary determines, including interest rates and upfront payments.

SEC. 412. COAL GASIFICATION.

    The Secretary is authorized to provide loan guarantees for a 
project to produce energy from a plant using integrated gasification 
combined cycle technology of at least 400 megawatts in capacity that 
produces power at competitive rates in deregulated energy generation 
markets and that does not receive any subsidy (direct or indirect) from 
ratepayers.

SEC. 414. PETROLEUM COKE GASIFICATION.

    The Secretary is authorized to provide loan guarantees for at least 
5 petroleum coke gasification projects.

SEC. 416. ELECTRON SCRUBBING DEMONSTRATION.

    The Secretary shall use $5,000,000 from amounts appropriated to 
initiate, through the Chicago Operations Office, a project to 
demonstrate the viability of high-energy electron scrubbing technology 
on commercial-scale electrical generation using high-sulfur coal.

                 Subtitle D--Coal and Related Programs

SEC. 441. CLEAN AIR COAL PROGRAM.

    (a) Amendment.--The Energy Policy Act of 1992 is amended by adding 
the following new title at the end thereof:

                  ``TITLE XXXI--CLEAN AIR COAL PROGRAM

``SEC. 3101. FINDINGS; PURPOSES; DEFINITIONS.

    ``(a) Findings.--The Congress finds that--
            ``(1) new environmental regulations present additional 
        challenges for coal-fired electrical generation in the private 
        marketplace; and
            ``(2) the Department of Energy, in cooperation with 
        industry, has already fully developed and commercialized 
        several new clean-coal technologies that will allow the clean 
        use of coal.
    ``(b) Purposes.--The purposes of this title are to--
            ``(1) promote national energy policy and energy security, 
        diversity, and economic competitiveness benefits that result 
        from the increased use of coal;
            ``(2) mitigate financial risks, reduce the cost, and 
        increase the marketplace acceptance of the new clean coal 
        technologies; and
            ``(3) advance the deployment of pollution control equipment 
        to meet the current and future obligations of coal-fired 
        generation units regulated under the Clean Air Act (42 U.S.C. 
        7402 and following).

``SEC. 3102. AUTHORIZATION OF PROGRAM.

    ``The Secretary shall carry out a program to facilitate production 
and generation of coal-based power and the installation of pollution 
control equipment.

``SEC. 3103. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Pollution Control Projects.--There are authorized to be 
appropriated to the Secretary $300,000,000 for fiscal year 2006, 
$100,000,000 for fiscal year 2007, $40,000,000 for fiscal year 2008, 
$30,000,000 for fiscal year 2009, and $30,000,000 for fiscal year 2010, 
to remain available until expended, for carrying out the program for 
pollution control projects, which may include--
            ``(1) pollution control equipment and processes for the 
        control of mercury air emissions;
            ``(2) pollution control equipment and processes for the 
        control of nitrogen dioxide air emissions or sulfur dioxide 
        emissions;
            ``(3) pollution control equipment and processes for the 
        mitigation or collection of more than one pollutant;
            ``(4) advanced combustion technology for the control of at 
        least two pollutants, including mercury, particulate matter, 
        nitrogen oxides, and sulfur dioxide, which may also be designed 
        to improve the energy efficiency of the unit; and
            ``(5) advanced pollution control equipment and processes 
        designed to allow use of the waste byproducts or other 
        byproducts of the equipment or an electrical generation unit 
        designed to allow the use of byproducts.
Funds appropriated under this subsection which are not awarded before 
fiscal year 2012 may be applied to projects under subsection (b), in 
addition to amounts authorized under subsection (b).
    ``(b) Generation Projects.--There are authorized to be appropriated 
to the Secretary $250,000,000 for fiscal year 2007, $350,000,000 for 
fiscal year 2008, $400,000,000 for fiscal year 2009, $400,000,000 for 
fiscal year 2010, $400,000,000 for fiscal year 2011, $400,000,000 for 
fiscal year 2012, and $300,000,000 for fiscal year 2013, to remain 
available until expended, for generation projects and air pollution 
control projects. Such projects may include--
            ``(1) coal-based electrical generation equipment and 
        processes, including gasification combined cycle or other coal-
        based generation equipment and processes;
            ``(2) associated environmental control equipment, that will 
        be cost-effective and that is designed to meet anticipated 
        regulatory requirements;
            ``(3) coal-based electrical generation equipment and 
        processes, including gasification fuel cells, gasification 
        coproduction, and hybrid gasification/combustion projects; and
            ``(4) advanced coal-based electrical generation equipment 
        and processes, including oxidation combustion techniques, 
        ultra-supercritical boilers, and chemical looping, which the 
        Secretary determines will be cost-effective and could 
        substantially contribute to meeting anticipated environmental 
        or energy needs.
    ``(c) Limitation.--Funds placed at risk during any fiscal year for 
Federal loans or loan guarantees pursuant to this title may not exceed 
30 percent of the total funds obligated under this title.

``SEC. 3104. AIR POLLUTION CONTROL PROJECT CRITERIA.

    ``The Secretary shall pursuant to authorizations contained in 
section 3103 provide funding for air pollution control projects 
designed to facilitate compliance with Federal and State environmental 
regulations, including any regulation that may be established with 
respect to mercury.

``SEC. 3105. CRITERIA FOR GENERATION PROJECTS.

    ``(a) Criteria.--The Secretary shall establish criteria on which 
selection of individual projects described in section 3103(b) should be 
based. The Secretary may modify the criteria as appropriate to reflect 
improvements in equipment, except that the criteria shall not be 
modified to be less stringent. These selection criteria shall include--
            ``(1) prioritization of projects whose installation is 
        likely to result in significant air quality improvements in 
        nonattainment air quality areas;
            ``(2) prioritization of projects that result in the 
        repowering or replacement of older, less efficient units;
            ``(3) documented broad interest in the procurement of the 
        equipment and utilization of the processes used in the projects 
        by electrical generator owners or operators;
            ``(4) equipment and processes beginning in 2006 through 
        2011 that are projected to achieve an thermal efficiency of--
                    ``(A) 40 percent for coal of more than 9,000 Btu 
                per pound based on higher heating values;
                    ``(B) 38 percent for coal of 7,000 to 9,000 Btu per 
                pound based on higher heating values; and
                    ``(C) 36 percent for coal of less than 7,000 Btu 
                per pound based on higher heating values,
        except that energy used for coproduction or cogeneration shall 
        not be counted in calculating the thermal efficiency under this 
        paragraph; and
            ``(5) equipment and processes beginning in 2012 and 2013 
        that are projected to achieve an thermal efficiency of--
                    ``(A) 45 percent for coal of more than 9,000 Btu 
                per pound based on higher heating values;
                    ``(B) 44 percent for coal of 7,000 to 9,000 Btu per 
                pound based on higher heating values; and
                    ``(C) 40 percent for coal of less than 7,000 Btu 
                per pound based on higher heating values,
        except that energy used for coproduction or cogeneration shall 
        not be counted in calculating the thermal efficiency under this 
        paragraph.
    ``(b) Selection.--(1) In selecting the projects, up to 25 percent 
of the projects selected may be either coproduction or cogeneration or 
other gasification projects, but at least 25 percent of the projects 
shall be for the sole purpose of electrical generation, and priority 
should be given to equipment and projects less than or equal to 600 MW 
to foster and promote standard designs.
    ``(2) The Secretary shall give priority to projects that have been 
developed and demonstrated that are not yet cost competitive, and for 
coal energy generation projects that advance efficiency, environmental 
performance, or cost competitiveness significantly beyond the level of 
pollution control equipment that is in operation on a full scale.

``SEC. 3106. FINANCIAL CRITERIA.

    ``(a) In General.--The Secretary shall only provide financial 
assistance to projects that meet the requirements of sections 3103 and 
3104 and are likely to--
            ``(1) achieve overall cost reductions in the utilization of 
        coal to generate useful forms of energy; and
            ``(2) improve the competitiveness of coal in order to 
        maintain a diversity of domestic fuel choices in the United 
        States to meet electricity generation requirements.
    ``(b) Conditions.--The Secretary shall not provide a funding award 
under this title unless--
            ``(1) the award recipient is financially viable without the 
        receipt of additional Federal funding; and
            ``(2) the recipient provides sufficient information to the 
        Secretary for the Secretary to ensure that the award funds are 
        spent efficiently and effectively.
    ``(c) Equal Access.--The Secretary shall, to the extent practical, 
utilize cooperative agreement, loan guarantee, and direct Federal loan 
mechanisms designed to ensure that all electrical generation owners 
have equal access to these technology deployment incentives. The 
Secretary shall develop and direct a competitive solicitation process 
for the selection of technologies and projects under this title.

``SEC. 3107. FEDERAL SHARE.

    ``The Federal share of the cost of a coal or related technology 
project funded by the Secretary under this title shall not exceed 50 
percent. For purposes of this title, Federal funding includes only 
appropriated funds.

``SEC. 3108. APPLICABILITY.

    ``No technology, or level of emission reduction, shall be treated 
as adequately demonstrated for purposes of section 111 of the Clean Air 
Act (42 U.S.C. 7411), achievable for purposes of section 169 of the 
Clean Air Act (42 U.S.C. 7479), or achievable in practice for purposes 
of section 171 of the Clean Air Act (42 U.S.C. 7501) solely by reason 
of the use of such technology, or the achievement of such emission 
reduction, by one or more facilities receiving assistance under this 
title.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Energy Policy Act of 1992 is amended by adding at the end the 
following:

                  ``TITLE XXXI--CLEAN AIR COAL PROGRAM

``Sec. 3101. Findings; purposes; definitions.
``Sec. 3102. Authorization of program.
``Sec. 3103. Authorization of appropriations.
``Sec. 3104. Air pollution control project criteria.
``Sec. 3105. Criteria for generation projects.
``Sec. 3106. Financial criteria.
``Sec. 3107. Federal share.
``Sec. 3108. Applicability.''.

                         TITLE V--INDIAN ENERGY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Indian Tribal Energy Development 
and Self-Determination Act of 2005''.

SEC. 502. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

    (a) In General.--Title II of the Department of Energy Organization 
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

             ``office of indian energy policy and programs

    ``Sec. 217.
    ``(a) Establishment.--There is established within the Department an 
Office of Indian Energy Policy and Programs (referred to in this 
section as the `Office'). The Office shall be headed by a Director, who 
shall be appointed by the Secretary and compensated at a rate equal to 
that of level IV of the Executive Schedule under section 5315 of title 
5, United States Code.
    ``(b) Duties of Director.--The Director, in accordance with Federal 
policies promoting Indian self-determination and the purposes of this 
Act, shall provide, direct, foster, coordinate, and implement energy 
planning, education, management, conservation, and delivery programs of 
the Department that--
            ``(1) promote Indian tribal energy development, efficiency, 
        and use;
            ``(2) reduce or stabilize energy costs;
            ``(3) enhance and strengthen Indian tribal energy and 
        economic infrastructure relating to natural resource 
        development and electrification; and
            ``(4) bring electrical power and service to Indian land and 
        the homes of tribal members located on Indian lands or 
        acquired, constructed, or improved (in whole or in part) with 
        Federal funds.''.
    (b) Conforming Amendments.--
            (1) The table of contents of the Department of Energy 
        Organization Act (42 U.S.C. prec. 7101) is amended--
                    (A) in the item relating to section 209, by 
                striking ``Section'' and inserting ``Sec.''; and
                    (B) by striking the items relating to sections 213 
                through 216 and inserting the following:

``Sec. 213. Establishment of policy for National Nuclear Security 
                            Administration.
``Sec. 214. Establishment of security, counterintelligence, and 
                            intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs.''.
            (2) Section 5315 of title 5, United States Code, is amended 
        by inserting after the item related to the Inspector General, 
        Department of Energy the following new item:
            ``Director, Office of Indian Energy Policy and Programs, 
        Department of Energy.''.

SEC. 503. INDIAN ENERGY.

    (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended to read as follows:

                 ``TITLE XXVI--INDIAN ENERGY RESOURCES

``SEC. 2601. DEFINITIONS.

    ``For purposes of this title:
            ``(1) The term `Director' means the Director of the Office 
        of Indian Energy Policy and Programs, Department of Energy.
            ``(2) The term `Indian land' means--
                    ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria; and
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe or an individual 
                        Indian;
                            ``(ii) by an Indian tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            ``(iii) by a dependent Indian community.
            ``(3) The term `Indian reservation' includes--
                    ``(A) an Indian reservation in existence in any 
                State or States as of the date of enactment of this 
                paragraph;
                    ``(B) a public domain Indian allotment; and
                    ``(C) a dependent Indian community located within 
                the borders of the United States, regardless of whether 
                the community is located--
                            ``(i) on original or acquired territory of 
                        the community; or
                            ``(ii) within or outside the boundaries of 
                        any particular State.
            ``(4) The term `Indian tribe' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b), except that the term 
        `Indian tribe', for the purpose of paragraph (11) and sections 
        2603(b)(3) and 2604, shall not include any Native Corporation.
            ``(5) The term `integration of energy resources' means any 
        project or activity that promotes the location and operation of 
        a facility (including any pipeline, gathering system, 
        transportation system or facility, or electric transmission or 
        distribution facility) on or near Indian land to process, 
        refine, generate electricity from, or otherwise develop energy 
        resources on, Indian land.
            ``(6) The term `Native Corporation' has the meaning given 
        the term in section 3 of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602).
            ``(7) The term `organization' means a partnership, joint 
        venture, limited liability company, or other unincorporated 
        association or entity that is established to develop Indian 
        energy resources.
            ``(8) The term `Program' means the Indian energy resource 
        development program established under section 2602(a).
            ``(9) The term `Secretary' means the Secretary of the 
        Interior.
            ``(10) The term `tribal energy resource development 
        organization' means an organization of 2 or more entities, at 
        least 1 of which is an Indian tribe, that has the written 
        consent of the governing bodies of all Indian tribes 
        participating in the organization to apply for a grant, loan, 
        or other assistance authorized by section 2602.
            ``(11) The term `tribal land' means any land or interests 
        in land owned by any Indian tribe, title to which is held in 
        trust by the United States or which is subject to a restriction 
        against alienation under laws of the United States.

``SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

    ``(a) Department of the Interior Program.--
            ``(1) To assist Indian tribes in the development of energy 
        resources and further the goal of Indian self-determination, 
        the Secretary shall establish and implement an Indian energy 
        resource development program to assist consenting Indian tribes 
        and tribal energy resource development organizations in 
        achieving the purposes of this title.
            ``(2) In carrying out the Program, the Secretary shall--
                    ``(A) provide development grants to Indian tribes 
                and tribal energy resource development organizations 
                for use in developing or obtaining the managerial and 
                technical capacity needed to develop energy resources 
                on Indian land, and to properly account for resulting 
                energy production and revenues;
                    ``(B) provide grants to Indian tribes and tribal 
                energy resource development organizations for use in 
                carrying out projects to promote the integration of 
                energy resources, and to process, use, or develop those 
                energy resources, on Indian land; and
                    ``(C) provide low-interest loans to Indian tribes 
                and tribal energy resource development organizations 
                for use in the promotion of energy resource development 
                on Indian land and integration of energy resources.
            ``(3) There are authorized to be appropriated to carry out 
        this subsection such sums as are necessary for each of fiscal 
        years 2006 through 2016.
    ``(b) Department of Energy Indian Energy Education Planning and 
Management Assistance Program.--
            ``(1) The Director shall establish programs to assist 
        consenting Indian tribes in meeting energy education, research 
        and development, planning, and management needs.
            ``(2) In carrying out this subsection, the Director may 
        provide grants, on a competitive basis, to an Indian tribe or 
        tribal energy resource development organization for use in 
        carrying out--
                    ``(A) energy, energy efficiency, and energy 
                conservation programs;
                    ``(B) studies and other activities supporting 
                tribal acquisitions of energy supplies, services, and 
                facilities;
                    ``(C) planning, construction, development, 
                operation, maintenance, and improvement of tribal 
                electrical generation, transmission, and distribution 
                facilities located on Indian land; and
                    ``(D) development, construction, and 
                interconnection of electric power transmission 
                facilities located on Indian land with other electric 
                transmission facilities.
            ``(3)(A) The Director may develop, in consultation with 
        Indian tribes, a formula for providing grants under this 
        subsection.
            ``(B) In providing a grant under this subsection, the 
        Director shall give priority to an application received from an 
        Indian tribe with inadequate electric service (as determined by 
        the Director).
            ``(4) The Secretary of Energy may issue such regulations as 
        necessary to carry out this subsection.
            ``(5) There are authorized to be appropriated to carry out 
        this subsection such sums as are necessary for each of fiscal 
        years 2006 through 2016.
    ``(c) Department of Energy Loan Guarantee Program.--
            ``(1) Subject to paragraph (3), the Secretary of Energy may 
        provide loan guarantees (as defined in section 502 of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for not more 
        than 90 percent of the unpaid principal and interest due on any 
        loan made to any Indian tribe for energy development.
            ``(2) A loan guarantee under this subsection shall be made 
        by--
                    ``(A) a financial institution subject to 
                examination by the Secretary of Energy; or
                    ``(B) an Indian tribe, from funds of the Indian 
                tribe.
            ``(3) The aggregate outstanding amount guaranteed by the 
        Secretary of Energy at any time under this subsection shall not 
        exceed $2,000,000,000.
            ``(4) The Secretary of Energy may issue such regulations as 
        the Secretary of Energy determines are necessary to carry out 
        this subsection.
            ``(5) There are authorized to be appropriated such sums as 
        are necessary to carry out this subsection, to remain available 
        until expended.
            ``(6) Not later than 1 year from the date of enactment of 
        this section, the Secretary of Energy shall report to Congress 
        on the financing requirements of Indian tribes for energy 
        development on Indian land.
    ``(d) Federal Agencies-Indian Energy Preference.--
            ``(1) In purchasing electricity or any other energy product 
        or by-product, a Federal agency or department may give 
        preference to an energy and resource production enterprise, 
        partnership, consortium, corporation, or other type of business 
        organization the majority of the interest in which is owned and 
        controlled by 1 or more Indian tribes.
            ``(2) In carrying out this subsection, a Federal agency or 
        department shall not--
                    ``(A) pay more than the prevailing market price for 
                an energy product or by-product; or
                    ``(B) obtain less than prevailing market terms and 
                conditions.

``SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

    ``(a) Grants.--The Secretary may provide to Indian tribes, on an 
annual basis, grants for use in accordance with subsection (b).
    ``(b) Use of Funds.--Funds from a grant provided under this section 
may be used--
            ``(1) by an Indian tribe for the development of a tribal 
        energy resource inventory or tribal energy resource on Indian 
        land;
            ``(2) by an Indian tribe for the development of a 
        feasibility study or other report necessary to the development 
        of energy resources on Indian land;
            ``(3) by an Indian tribe (other than an Indian Tribe in 
        Alaska except the Metlakatla Indian Community) for the 
        development and enforcement of tribal laws (including 
        regulations) relating to tribal energy resource development and 
        the development of technical infrastructure to protect the 
        environment under applicable law;
            ``(4) by a Native Corporation for the development and 
        implementation of corporate policies and the development of 
        technical infrastructure related to energy development and 
        environmental protection under applicable law; and
            ``(5) by an Indian tribe for the training of employees 
        that--
                    ``(A) are engaged in the development of energy 
                resources on Indian land; or
                    ``(B) are responsible for protecting the 
                environment.
    ``(c) Other Assistance.--In carrying out the obligations of the 
United States under this title, the Secretary shall ensure, to the 
maximum extent practicable and to the extent of available resources, 
that upon the request of an Indian tribe, the Indian tribe shall have 
available scientific and technical information and expertise, for use 
in the Indian tribe's regulation, development, and management of energy 
resources on Indian land. The Secretary may fulfill this responsibility 
either directly, through the use of Federal officials, or indirectly, 
by providing financial assistance to the Indian tribe to secure 
independent assistance.

``SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING 
              ENERGY DEVELOPMENT OR TRANSMISSION.

    ``(a) Leases and Business Agreements.--Subject to the provisions of 
this section--
            ``(1) an Indian tribe may, at its discretion, enter into a 
        lease or business agreement for the purpose of energy resource 
        development on tribal land, including a lease or business 
        agreement for--
                    ``(A) exploration for, extraction of, processing 
                of, or other development of the Indian tribe's energy 
                mineral resources located on tribal land; and
                    ``(B) construction or operation of an electric 
                generation, transmission, or distribution facility 
                located on tribal land or a facility to process or 
                refine energy resources developed on tribal land; and
            ``(2) such lease or business agreement described in 
        paragraph (1) shall not require the approval of the Secretary 
        under section 2103 of the Revised Statutes (25 U.S.C. 81) or 
        any other provision of law, if--
                    ``(A) the lease or business agreement is executed 
                pursuant to a tribal energy resource agreement approved 
                by the Secretary under subsection (e);
                    ``(B) the term of the lease or business agreement 
                does not exceed--
                            ``(i) 30 years; or
                            ``(ii) in the case of a lease for the 
                        production of oil resources, gas resources, or 
                        both, 10 years and as long thereafter as oil or 
                        gas is produced in paying quantities; and
                    ``(C) the Indian tribe has entered into a tribal 
                energy resource agreement with the Secretary, as 
                described in subsection (e), relating to the 
                development of energy resources on tribal land 
                (including the periodic review and evaluation of the 
                activities of the Indian tribe under the agreement, to 
                be conducted pursuant to the provisions required by 
                subsection (e)(2)(D)(i)).
    ``(b) Rights-of-Way for Pipelines or Electric Transmission or 
Distribution Lines.--An Indian tribe may grant a right-of-way over 
tribal land for a pipeline or an electric transmission or distribution 
line without approval by the Secretary if--
            ``(1) the right-of-way is executed in accordance with a 
        tribal energy resource agreement approved by the Secretary 
        under subsection (e);
            ``(2) the term of the right-of-way does not exceed 30 
        years;
            ``(3) the pipeline or electric transmission or distribution 
        line serves--
                    ``(A) an electric generation, transmission, or 
                distribution facility located on tribal land; or
                    ``(B) a facility located on tribal land that 
                processes or refines energy resources developed on 
                tribal land; and
            ``(4) the Indian tribe has entered into a tribal energy 
        resource agreement with the Secretary, as described in 
        subsection (e), relating to the development of energy resources 
        on tribal land (including the periodic review and evaluation of 
        the Indian tribe's activities under such agreement described in 
        subparagraphs (D) and (E) of subsection (e)(2)).
    ``(c) Renewals.--A lease or business agreement entered into or a 
right-of-way granted by an Indian tribe under this section may be 
renewed at the discretion of the Indian tribe in accordance with this 
section.
    ``(d) Validity.--No lease, business agreement, or right-of-way 
relating to the development of tribal energy resources pursuant to the 
provisions of this section shall be valid unless the lease, business 
agreement, or right-of-way is authorized by the provisions of a tribal 
energy resource agreement approved by the Secretary under subsection 
(e)(2).
    ``(e) Tribal Energy Resource Agreements.--
            ``(1) On issuance of regulations under paragraph (8), an 
        Indian tribe may submit to the Secretary for approval a tribal 
        energy resource agreement governing leases, business 
        agreements, and rights-of-way under this section.
            ``(2)(A) Not later than 180 days after the date on which 
        the Secretary receives a tribal energy resource agreement 
        submitted by an Indian tribe under paragraph (1), or not later 
        than 60 days after the Secretary receives a revised tribal 
        energy resource agreement submitted by an Indian tribe under 
        paragraph (4)(C), (or such later date as may be agreed to by 
        the Secretary and the Indian tribe), the Secretary shall 
        approve or disapprove the tribal energy resource agreement.
            ``(B) The Secretary shall approve a tribal energy resource 
        agreement submitted under paragraph (1) if--
                    ``(i) the Secretary determines that the Indian 
                tribe has demonstrated that the Indian tribe has 
                sufficient capacity to regulate the development of 
                energy resources of the Indian tribe;
                    ``(ii) the tribal energy resource agreement 
                includes provisions required under subparagraph (D); 
                and
                    ``(iii) the tribal energy resource agreement 
                includes provisions that, with respect to a lease, 
                business agreement, or right-of-way under this 
                section--
                            ``(I) ensure the acquisition of necessary 
                        information from the applicant for the lease, 
                        business agreement, or right-of-way;
                            ``(II) address the term of the lease or 
                        business agreement or the term of conveyance of 
                        the right-of-way;
                            ``(III) address amendments and renewals;
                            ``(IV) address the economic return to the 
                        Indian tribe under leases, business agreements, 
                        and rights-of-way;
                            ``(V) address technical or other relevant 
                        requirements;
                            ``(VI) establish requirements for 
                        environmental review in accordance with 
                        subparagraph (C);
                            ``(VII) ensure compliance with all 
                        applicable environmental laws;
                            ``(VIII) identify final approval authority;
                            ``(IX) provide for public notification of 
                        final approvals;
                            ``(X) establish a process for consultation 
                        with any affected States concerning off-
                        reservation impacts, if any, identified 
                        pursuant to the provisions required under 
                        subparagraph (C)(i);
                            ``(XI) describe the remedies for breach of 
                        the lease, business agreement, or right-of-way;
                            ``(XII) require each lease, business 
                        agreement, and right-of-way to include a 
                        statement that, in the event that any of its 
                        provisions violates an express term or 
                        requirement set forth in the tribal energy 
                        resource agreement pursuant to which it was 
                        executed--
                                    ``(aa) such provision shall be null 
                                and void; and
                                    ``(bb) if the Secretary determines 
                                such provision to be material, the 
                                Secretary shall have the authority to 
                                suspend or rescind the lease, business 
                                agreement, or right-of-way or take 
                                other appropriate action that the 
                                Secretary determines to be in the best 
                                interest of the Indian tribe;
                            ``(XIII) require each lease, business 
                        agreement, and right-of-way to provide that it 
                        will become effective on the date on which a 
                        copy of the executed lease, business agreement, 
                        or right-of-way is delivered to the Secretary 
                        in accordance with regulations adopted pursuant 
                        to this subsection; and
                            ``(XIV) include citations to tribal laws, 
                        regulations, or procedures, if any, that set 
                        out tribal remedies that must be exhausted 
                        before a petition may be submitted to the 
                        Secretary pursuant to paragraph (7)(B).
            ``(C) Tribal energy resource agreements submitted under 
        paragraph (1) shall establish, and include provisions to ensure 
        compliance with, an environmental review process that, with 
        respect to a lease, business agreement, or right-of-way under 
        this section, provides for--
                    ``(i) the identification and evaluation of all 
                significant environmental impacts (as compared with a 
                no-action alternative), including effects on cultural 
                resources;
                    ``(ii) the identification of proposed mitigation;
                    ``(iii) a process for ensuring that the public is 
                informed of and has an opportunity to comment on the 
                environmental impacts of the proposed action before 
                tribal approval of the lease, business agreement, or 
                right-of-way; and
                    ``(iv) sufficient administrative support and 
                technical capability to carry out the environmental 
                review process.
            ``(D) A tribal energy resource agreement negotiated between 
        the Secretary and an Indian tribe in accordance with this 
        subsection shall include--
                    ``(i) provisions requiring the Secretary to conduct 
                a periodic review and evaluation to monitor the 
                performance of the Indian tribe's activities associated 
                with the development of energy resources under the 
                tribal energy resource agreement; and
                    ``(ii) when such review and evaluation result in a 
                finding by the Secretary of imminent jeopardy to a 
                physical trust asset arising from a violation of the 
                tribal energy resource agreement or applicable Federal 
                laws, provisions authorizing the Secretary to take 
                appropriate actions determined by the Secretary to be 
                necessary to protect such asset, which actions may 
                include reassumption of responsibility for activities 
                associated with the development of energy resources on 
                tribal land until the violation and conditions that 
                gave rise to such jeopardy have been corrected.
            ``(E) The periodic review and evaluation described in 
        subparagraph (D) shall be conducted on an annual basis, except 
        that, after the third such annual review and evaluation, the 
        Secretary and the Indian tribe may mutually agree to amend the 
        tribal energy resource agreement to authorize the review and 
        evaluation required by subparagraph (D) to be conducted once 
        every 2 years.
            ``(3) The Secretary shall provide notice and opportunity 
        for public comment on tribal energy resource agreements 
        submitted for approval under paragraph (1). The Secretary's 
        review of a tribal energy resource agreement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
        be limited to the direct effects of that approval.
            ``(4) If the Secretary disapproves a tribal energy resource 
        agreement submitted by an Indian tribe under paragraph (1), the 
        Secretary shall, not later than 10 days after the date of 
        disapproval--
                    ``(A) notify the Indian tribe in writing of the 
                basis for the disapproval;
                    ``(B) identify what changes or other actions are 
                required to address the concerns of the Secretary; and
                    ``(C) provide the Indian tribe with an opportunity 
                to revise and resubmit the tribal energy resource 
                agreement.
            ``(5) If an Indian tribe executes a lease or business 
        agreement or grants a right-of-way in accordance with a tribal 
        energy resource agreement approved under this subsection, the 
        Indian tribe shall, in accordance with the process and 
        requirements set forth in the Secretary's regulations adopted 
        pursuant to paragraph (8), provide to the Secretary--
                    ``(A) a copy of the lease, business agreement, or 
                right-of-way document (including all amendments to and 
                renewals of the document); and
                    ``(B) in the case of a tribal energy resource 
                agreement or a lease, business agreement, or right-of-
                way that permits payments to be made directly to the 
                Indian tribe, information and documentation of those 
                payments sufficient to enable the Secretary to 
                discharge the trust responsibility of the United States 
                to enforce the terms of, and protect the Indian tribe's 
                rights under, the lease, business agreement, or right-
                of-way.
            ``(6)(A) For purposes of the activities to be undertaken by 
        the Secretary pursuant to this section, the Secretary shall--
                    ``(i) carry out such activities in a manner 
                consistent with the trust responsibility of the United 
                States relating to mineral and other trust resources; 
                and
                    ``(ii) act in good faith and in the best interests 
                of the Indian tribes.
            ``(B) Subject to the provisions of subsections (a)(2), (b), 
        and (c) waiving the requirement of Secretarial approval of 
        leases, business agreements, and rights-of-way executed 
        pursuant to tribal energy resource agreements approved under 
        this section, and the provisions of subparagraph (D), nothing 
        in this section shall absolve the United States from any 
        responsibility to Indians or Indian tribes, including, but not 
        limited to, those which derive from the trust relationship or 
        from any treaties, statutes, and other laws of the United 
        States, Executive Orders, or agreements between the United 
        States and any Indian tribe.
            ``(C) The Secretary shall continue to have a trust 
        obligation to ensure that the rights and interests of an Indian 
        tribe are protected in the event that--
                    ``(i) any other party to any such lease, business 
                agreement, or right-of-way violates any applicable 
                provision of Federal law or the terms of any lease, 
                business agreement, or right-of-way under this section; 
                or
                    ``(ii) any provision in such lease, business 
                agreement, or right-of-way violates any express 
                provision or requirement set forth in the tribal energy 
                resource agreement pursuant to which the lease, 
                business agreement, or right-of-way was executed.
            ``(D) Notwithstanding subparagraph (B), the United States 
        shall not be liable to any party (including any Indian tribe) 
        for any of the negotiated terms of, or any losses resulting 
        from the negotiated terms of, a lease, business agreement, or 
        right-of-way executed pursuant to and in accordance with a 
        tribal energy resource agreement approved by the Secretary 
        under paragraph (2). For the purpose of this subparagraph, the 
        term `negotiated terms' means any terms or provisions that are 
        negotiated by an Indian tribe and any other party or parties to 
        a lease, business agreement, or right-of-way entered into 
        pursuant to an approved tribal energy resource agreement.
            ``(7)(A) In this paragraph, the term `interested party' 
        means any person or entity the interests of which have 
        sustained or will sustain a significant adverse environmental 
        impact as a result of the failure of an Indian tribe to comply 
        with a tribal energy resource agreement of the Indian tribe 
        approved by the Secretary under paragraph (2).
            ``(B) After exhaustion of tribal remedies, and in 
        accordance with the process and requirements set forth in 
        regulations adopted by the Secretary pursuant to paragraph (8), 
        an interested party may submit to the Secretary a petition to 
        review compliance of an Indian tribe with a tribal energy 
        resource agreement of the Indian tribe approved by the 
        Secretary under paragraph (2).
            ``(C)(i) Not later than 120 days after the date on which 
        the Secretary receives a petition under subparagraph (B), the 
        Secretary shall determine whether the Indian tribe is not in 
        compliance with the tribal energy resource agreement, as 
        alleged in the petition.
            ``(ii) The Secretary may adopt procedures under paragraph 
        (8) authorizing an extension of time, not to exceed 120 days, 
        for making the determination under clause (i) in any case in 
        which the Secretary determines that additional time is 
        necessary to evaluate the allegations of the petition.
            ``(iii) Subject to subparagraph (D), if the Secretary 
        determines that the Indian tribe is not in compliance with the 
        tribal energy resource agreement as alleged in the petition, 
        the Secretary shall take such action as is necessary to ensure 
        compliance with the provisions of the tribal energy resource 
        agreement, which action may include--
                    ``(I) temporarily suspending some or all activities 
                under a lease, business agreement, or right-of-way 
                under this section until the Indian tribe or such 
                activities are in compliance with the provisions of the 
                approved tribal energy resource agreement; or
                    ``(II) rescinding approval of all or part of the 
                tribal energy resource agreement, and if all of such 
                agreement is rescinded, reassuming the responsibility 
                for approval of any future leases, business agreements, 
                or rights-of-way described in subsections (a) and (b).
            ``(D) Prior to seeking to ensure compliance with the 
        provisions of the tribal energy resource agreement of an Indian 
        tribe under subparagraph (C)(iii), the Secretary shall--
                    ``(i) make a written determination that describes 
                the manner in which the tribal energy resource 
                agreement has been violated;
                    ``(ii) provide the Indian tribe with a written 
                notice of the violations together with the written 
                determination; and
                    ``(iii) before taking any action described in 
                subparagraph (C)(iii) or seeking any other remedy, 
                provide the Indian tribe with a hearing and a 
                reasonable opportunity to attain compliance with the 
                tribal energy resource agreement.
            ``(E) An Indian tribe described in subparagraph (D) shall 
        retain all rights to appeal as provided in regulations issued 
        by the Secretary.
            ``(8) Not later than 1 year after the date of enactment of 
        the Indian Tribal Energy Development and Self-Determination Act 
        of 2005, the Secretary shall issue regulations that implement 
        the provisions of this subsection, including--
                    ``(A) criteria to be used in determining the 
                capacity of an Indian tribe described in paragraph 
                (2)(B)(i), including the experience of the Indian tribe 
                in managing natural resources and financial and 
                administrative resources available for use by the 
                Indian tribe in implementing the approved tribal energy 
                resource agreement of the Indian tribe;
                    ``(B) a process and requirements in accordance with 
                which an Indian tribe may--
                            ``(i) voluntarily rescind a tribal energy 
                        resource agreement approved by the Secretary 
                        under this subsection; and
                            ``(ii) return to the Secretary the 
                        responsibility to approve any future leases, 
                        business agreements, and rights-of-way 
                        described in this subsection;
                    ``(C) provisions setting forth the scope of, and 
                procedures for, the periodic review and evaluation 
                described in subparagraphs (D) and (E) of paragraph 
                (2), including provisions for review of transactions, 
                reports, site inspections, and any other review 
                activities the Secretary determines to be appropriate; 
                and
                    ``(D) provisions defining final agency actions 
                after exhaustion of administrative appeals from 
                determinations of the Secretary under paragraph (7).
    ``(f) No Effect on Other Law.--Nothing in this section affects the 
application of--
            ``(1) any Federal environment law;
            ``(2) the Surface Mining Control and Reclamation Act of 
        1977 (30 U.S.C. 1201 et seq.); or
            ``(3) except as otherwise provided in this title, the 
        Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.) 
        and the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary for each of 
fiscal years 2006 through 2016 to implement the provisions of this 
section and to make grants or provide other appropriate assistance to 
Indian tribes to assist the Indian tribes in developing and 
implementing tribal energy resource agreements in accordance with the 
provisions of this section.

``SEC. 2605. INDIAN MINERAL DEVELOPMENT REVIEW.

    ``(a) In General.--The Secretary shall conduct a review of all 
activities being conducted under the Indian Mineral Development Act of 
1982 (25 U.S.C. 2101 et seq.) as of that date.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
the Indian Tribal Energy Development and Self-Determination Act of 
2005, the Secretary shall submit to Congress a report that includes--
            ``(1) the results of the review;
            ``(2) recommendations to ensure that Indian tribes have the 
        opportunity to develop Indian energy resources; and
            ``(3) an analysis of the barriers to the development of 
        energy resources on Indian land (including legal, fiscal, 
        market, and other barriers), along with recommendations for the 
        removal of those barriers.

``SEC. 2606. FEDERAL POWER MARKETING ADMINISTRATIONS.

    ``(a) Definitions.--In this section:
            ``(1) The term `Administrator' means the Administrator of 
        the Bonneville Power Administration and the Administrator of 
        the Western Area Power Administration.
            ``(2) The term `power marketing administration' means--
                    ``(A) the Bonneville Power Administration;
                    ``(B) the Western Area Power Administration; and
                    ``(C) any other power administration the power 
                allocation of which is used by or for the benefit of an 
                Indian tribe located in the service area of the 
                administration.
    ``(b) Encouragement of Indian Tribal Energy Development.--Each 
Administrator shall encourage Indian tribal energy development by 
taking such actions as are appropriate, including administration of 
programs of the Bonneville Power Administration and the Western Area 
Power Administration, in accordance with this section.
    ``(c) Action by the Administrator.--In carrying out this section, 
and in accordance with existing law--
            ``(1) each Administrator shall consider the unique 
        relationship that exists between the United States and Indian 
        tribes;
            ``(2) power allocations from the Western Area Power 
        Administration to Indian tribes may be used to meet firming and 
        reserve needs of Indian-owned energy projects on Indian land;
            ``(3) the Administrator of the Western Area Power 
        Administration may purchase non-federally generated power from 
        Indian tribes to meet the firming and reserve requirements of 
        the Western Area Power Administration; and
            ``(4) each Administrator shall not pay more than the 
        prevailing market price for an energy product nor obtain less 
        than prevailing market terms and conditions.
    ``(d) Assistance for Transmission System Use.--(1) An Administrator 
may provide technical assistance to Indian tribes seeking to use the 
high-voltage transmission system for delivery of electric power.
    ``(2) The costs of technical assistance provided under paragraph 
(1) shall be funded by the Secretary of Energy using nonreimbursable 
funds appropriated for that purpose, or by the applicable Indian 
tribes.
    ``(e) Power Allocation Study.--Not later than 2 years after the 
date of enactment of the Indian Tribal Energy Development and Self-
Determination Act of 2005, the Secretary of Energy shall submit to 
Congress a report that--
            ``(1) describes the use by Indian tribes of Federal power 
        allocations of the Western Area Power Administration (or power 
        sold by the Southwestern Power Administration) and the 
        Bonneville Power Administration to or for the benefit of Indian 
        tribes in service areas of those administrations; and
            ``(2) identifies--
                    ``(A) the quantity of power allocated to, or used 
                for the benefit of, Indian tribes by the Western Area 
                Power Administration;
                    ``(B) the quantity of power sold to Indian tribes 
                by other power marketing administrations; and
                    ``(C) barriers that impede tribal access to and use 
                of Federal power, including an assessment of 
                opportunities to remove those barriers and improve the 
                ability of power marketing administrations to deliver 
                Federal power.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $750,000, which shall remain 
available until expended and shall not be reimbursable.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 is amended by striking the items relating to title 
XXVI (other than the title heading) and inserting the following:

``Sec. 2601. Definitions.
``Sec. 2602. Indian tribal energy resource development.
``Sec. 2603. Indian tribal energy resource regulation.
``Sec. 2604. Leases, business agreements, and rights-of-way involving 
                            energy development or transmission.
``Sec. 2605. Indian mineral development review.
``Sec. 2606. Federal Power Marketing Administrations.''.

SEC. 504. CONSULTATION WITH INDIAN TRIBES.

    In carrying out this title and the amendments made by this title, 
the Secretary of Energy and the Secretary shall, as appropriate and to 
the maximum extent practicable, involve and consult with Indian tribes.

SEC. 505. FOUR CORNERS TRANSMISSION LINE PROJECT.

    The Dine Power Authority, an enterprise of the Navajo Nation, shall 
be eligible to receive grants and other assistance as authorized by 
section 217 of the Department of Energy Organization Act, as added by 
section 502 of this title, and section 2602 of the Energy Policy Act of 
1992, as amended by this title, for activities associated with the 
development of a transmission line from the Four Corners Area to 
southern Nevada, including related power generation opportunities.

                       TITLE VI--NUCLEAR MATTERS

               Subtitle A--Price-Anderson Act Amendments

SEC. 601. SHORT TITLE.

    This subtitle may be cited as the ``Price-Anderson Amendments Act 
of 2005''.

SEC. 602. EXTENSION OF INDEMNIFICATION AUTHORITY.

    (a) Indemnification of Nuclear Regulatory Commission Licensees.--
Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is 
amended--
            (1) in the subsection heading, by striking ``Licenses'' and 
        inserting ``Licensees''; and
            (2) by striking ``December 31, 2003'' each place it appears 
        and inserting ``December 31, 2025''.
    (b) Indemnification of Department of Energy Contractors.--Section 
170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) 
is amended by striking ``December 31, 2006'' and inserting ``December 
31, 2025''.
    (c) Indemnification of Nonprofit Educational Institutions.--Section 
170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended 
by striking ``August 1, 2002'' each place it appears and inserting 
``December 31, 2025''.

SEC. 603. MAXIMUM ASSESSMENT.

     Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is 
amended--
            (1) in the second proviso of the third sentence of 
        subsection b.(1)--
                    (A) by striking ``$63,000,000'' and inserting 
                ``$95,800,000''; and
                    (B) by striking ``$10,000,000 in any 1 year'' and 
                inserting ``$15,000,000 in any 1 year (subject to 
                adjustment for inflation under subsection t.)''; and
            (2) in subsection t.(1)--
                    (A) by inserting ``total and annual'' after 
                ``amount of the maximum'';
                    (B) by striking ``the date of the enactment of the 
                Price-Anderson Amendments Act of 1988'' and inserting 
                ``August 20, 2003''; and
                    (C) in subparagraph (A), by striking ``such date of 
                enactment'' and inserting ``August 20, 2003''.

SEC. 604. DEPARTMENT OF ENERGY LIABILITY LIMIT.

    (a) Indemnification of Department of Energy Contractors.--Section 
170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended 
by striking paragraph (2) and inserting the following:
    ``(2) In an agreement of indemnification entered into under 
paragraph (1), the Secretary--
            ``(A) may require the contractor to provide and maintain 
        financial protection of such a type and in such amounts as the 
        Secretary shall determine to be appropriate to cover public 
        liability arising out of or in connection with the contractual 
        activity; and
            ``(B) shall indemnify the persons indemnified against such 
        liability above the amount of the financial protection 
        required, in the amount of $10,000,000,000 (subject to 
        adjustment for inflation under subsection t.), in the 
        aggregate, for all persons indemnified in connection with the 
        contract and for each nuclear incident, including such legal 
        costs of the contractor as are approved by the Secretary.''.
    (b) Contract Amendments.--Section 170 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(d)) is further amended by striking paragraph 
(3) and inserting the following--
    ``(3) All agreements of indemnification under which the Department 
of Energy (or its predecessor agencies) may be required to indemnify 
any person under this section shall be deemed to be amended, on the 
date of enactment of the Price-Anderson Amendments Act of 2005, to 
reflect the amount of indemnity for public liability and any applicable 
financial protection required of the contractor under this 
subsection.''.
    (c) Liability Limit.--Section 170 e.(1)(B) of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended--
            (1) by striking ``the maximum amount of financial 
        protection required under subsection b. or''; and
            (2) by striking ``paragraph (3) of subsection d., whichever 
        amount is more'' and inserting ``paragraph (2) of subsection 
        d.''.

SEC. 605. INCIDENTS OUTSIDE THE UNITED STATES.

    (a) Amount of Indemnification.--Section 170 d.(5) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking 
``$100,000,000'' and inserting ``$500,000,000''.
    (b) Liability Limit.--Section 170 e.(4) of the Atomic Energy Act of 
1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and 
inserting ``$500,000,000''.

SEC. 606. REPORTS.

     Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(p)) is amended by striking ``August 1, 1998'' and inserting 
``December 31, 2021''.

SEC. 607. INFLATION ADJUSTMENT.

     Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(t)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
    ``(2) The Secretary shall adjust the amount of indemnification 
provided under an agreement of indemnification under subsection d. not 
less than once during each 5-year period following July 1, 2003, in 
accordance with the aggregate percentage change in the Consumer Price 
Index since--
            ``(A) that date, in the case of the first adjustment under 
        this paragraph; or
            ``(B) the previous adjustment under this paragraph.''.

SEC. 608. TREATMENT OF MODULAR REACTORS.

     Section 170 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(b)) is amended by adding at the end the following:
    ``(5)(A) For purposes of this section only, the Commission shall 
consider a combination of facilities described in subparagraph (B) to 
be a single facility having a rated capacity of 100,000 electrical 
kilowatts or more.
    ``(B) A combination of facilities referred to in subparagraph (A) 
is 2 or more facilities located at a single site, each of which has a 
rated capacity of 100,000 electrical kilowatts or more but not more 
than 300,000 electrical kilowatts, with a combined rated capacity of 
not more than 1,300,000 electrical kilowatts.''.

SEC. 609. APPLICABILITY.

     The amendments made by sections 603, 604, and 605 do not apply to 
a nuclear incident that occurs before the date of the enactment of this 
Act.

SEC. 610. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF 
              LIABILITY FOR CERTAIN FOREIGN INCIDENTS.

     Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is 
amended by adding at the end the following new subsection:
    ``u. Prohibition on Assumption of Liability for Certain Foreign 
Incidents.--Notwithstanding this section or any other provision of law, 
no officer of the United States or of any department, agency, or 
instrumentality of the United States Government may enter into any 
contract or other arrangement, or into any amendment or modification of 
a contract or other arrangement, the purpose or effect of which would 
be to directly or indirectly impose liability on the United States 
Government, or any department, agency, or instrumentality of the United 
States Government, or to otherwise directly or indirectly require an 
indemnity by the United States Government, for nuclear incidents 
occurring in connection with the design, construction, or operation of 
a production facility or utilization facility in any country whose 
government has been identified by the Secretary of State as engaged in 
state sponsorship of terrorist activities (specifically including any 
country the government of which, as of September 11, 2001, had been 
determined by the Secretary of State under section 620A(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of 
the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or 
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to 
have repeatedly provided support for acts of international terrorism). 
This subsection shall not apply to nuclear incidents occurring as a 
result of missions, carried out under the direction of the Secretary of 
Energy, the Secretary of Defense, or the Secretary of State, that are 
necessary to safely secure, store, transport, or remove nuclear 
materials for nuclear safety or nonproliferation purposes.''.

SEC. 611. CIVIL PENALTIES.

    (a) Repeal of Automatic Remission.--Section 234A b.(2) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by 
striking the last sentence.
    (b) Limitation for Not-for-Profit Institutions.--Subsection d. of 
section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(d)) is 
amended to read as follows:
    ``d.(1) Notwithstanding subsection a., in the case of any not-for-
profit contractor, subcontractor, or supplier, the total amount of 
civil penalties paid under subsection a. may not exceed the total 
amount of fees paid within any 1-year period (as determined by the 
Secretary) under the contract under which the violation occurs.
    ``(2) For purposes of this section, the term `not-for-profit' means 
that no part of the net earnings of the contractor, subcontractor, or 
supplier inures to the benefit of any natural person or for-profit 
artificial person.''.
    (c) Effective Date.--The amendments made by this section shall not 
apply to any violation of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
et seq.) occurring under a contract entered into before the date of 
enactment of this section.

SEC. 612. FINANCIAL ACCOUNTABILITY.

    (a) Amendment.--Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) is amended by adding at the end the following new 
subsection:
    ``v. Financial Accountability.--(1) Notwithstanding subsection d., 
the Attorney General may bring an action in the appropriate United 
States district court to recover from a contractor of the Secretary (or 
subcontractor or supplier of such contractor) amounts paid by the 
Federal Government under an agreement of indemnification under 
subsection d. for public liability resulting from conduct which 
constitutes intentional misconduct of any corporate officer, manager, 
or superintendent of such contractor (or subcontractor or supplier of 
such contractor).
            ``(2) The Attorney General may recover under paragraph (1) 
        an amount not to exceed the amount of the profit derived by the 
        defendant from the contract.
            ``(3) No amount recovered from any contractor (or 
        subcontractor or supplier of such contractor) under paragraph 
        (1) may be reimbursed directly or indirectly by the Department 
        of Energy.
            ``(4) Paragraph (1) shall not apply to any nonprofit entity 
        conducting activities under contract for the Secretary.
            ``(5) No waiver of a defense required under this section 
        shall prevent a defendant from asserting such defense in an 
        action brought under this subsection.
            ``(6) The Secretary shall, by rule, define the terms 
        `profit' and `nonprofit entity' for purposes of this 
        subsection. Such rulemaking shall be completed not later than 
        180 days after the date of the enactment of this subsection.''.
    (b) Effective Date.--The amendment made by this section shall not 
apply to any agreement of indemnification entered into under section 
170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) before the 
date of the enactment of this Act.

                  Subtitle B--General Nuclear Matters

SEC. 621. LICENSES.

     Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
2133(c)) is amended by inserting ``from the authorization to commence 
operations'' after ``forty years''.

SEC. 622. NRC TRAINING PROGRAM.

    (a) In General.--In order to maintain the human resource investment 
and infrastructure of the United States in the nuclear sciences, health 
physics, and engineering fields, in accordance with the statutory 
authorities of the Nuclear Regulatory Commission relating to the 
civilian nuclear energy program, the Nuclear Regulatory Commission 
shall carry out a training and fellowship program to address shortages 
of individuals with critical nuclear safety regulatory skills.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Nuclear Regulatory Commission to carry out this section 
        $1,000,000 for each of fiscal years 2005 through 2009.
            (2) Availability.--Funds made available under paragraph (1) 
        shall remain available until expended.

SEC. 623. COST RECOVERY FROM GOVERNMENT AGENCIES.

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

SEC. 624. ELIMINATION OF PENSION OFFSET.

     Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is 
amended by adding at the end the following:
    ``y. Exempt from the application of sections 8344 and 8468 of title 
5, United States Code, an annuitant who was formerly an employee of the 
Commission who is hired by the Commission as a consultant, if the 
Commission finds that the annuitant has a skill that is critical to the 
performance of the duties of the Commission.''.

SEC. 625. ANTITRUST REVIEW.

     Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
2135(c)) is amended by adding at the end the following:
    ``(9) Applicability.--This subsection does not apply to an 
application for a license to construct or operate a utilization 
facility or production facility under section 103 or 104 b. that is 
filed on or after the date of enactment of this paragraph.''.

SEC. 626. DECOMMISSIONING.

     Section 161 i. of the Atomic Energy Act of 1954 (42 U.S.C. 
2201(i)) is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (4) to ensure that sufficient funds will be 
        available for the decommissioning of any production or 
        utilization facility licensed under section 103 or 104 b., 
        including standards and restrictions governing the control, 
        maintenance, use, and disbursement by any former licensee under 
        this Act that has control over any fund for the decommissioning 
        of the facility''.

SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT.

     Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 
et seq.) is amended by adding at the end the following new section:

                ``limitation on legal fee reimbursement

    ``Sec. 212. The Department of Energy shall not, except as required 
under a contract entered into before the date of enactment of this 
section, reimburse any contractor or subcontractor of the Department 
for any legal fees or expenses incurred with respect to a complaint 
subsequent to--
            ``(1) an adverse determination on the merits with respect 
        to such complaint against the contractor or subcontractor by 
        the Director of the Department of Energy's Office of Hearings 
        and Appeals pursuant to part 708 of title 10, Code of Federal 
        Regulations, or by a Department of Labor Administrative Law 
        Judge pursuant to section 211 of this Act; or
            ``(2) an adverse final judgment by any State or Federal 
        court with respect to such complaint against the contractor or 
        subcontractor for wrongful termination or retaliation due to 
        the making of disclosures protected under chapter 12 of title 
        5, United States Code, section 211 of this Act, or any 
        comparable State law,
unless the adverse determination or final judgment is reversed upon 
further administrative or judicial review.''.

SEC. 629. REPORT ON FEASIBILITY OF DEVELOPING COMMERCIAL NUCLEAR ENERGY 
              GENERATION FACILITIES AT EXISTING DEPARTMENT OF ENERGY 
              SITES.

     Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Energy shall submit to Congress a report on the 
feasibility of developing commercial nuclear energy generation 
facilities at Department of Energy sites in existence on the date of 
enactment of this Act.

SEC. 630. URANIUM SALES.

    (a) Sales, Transfers, and Services.--Section 3112 of the USEC 
Privatization Act (42 U.S.C. 2297h-10) is amended by striking 
subsections (d), (e), and (f) and inserting the following:
    ``(3) The Secretary may transfer to the Corporation, 
notwithstanding subsections (b)(2) and (d), natural uranium in amounts 
sufficient to fulfill the Department of Energy's commitments under 
Article 4(B) of the Agreement between the Department and the 
Corporation dated June 17, 2002.
    ``(d) Inventory Sales.--(1) In addition to the transfers and sales 
authorized under subsections (b) and (c) and under paragraph (5) of 
this subsection, the United States Government may transfer or sell 
uranium in any form subject to paragraphs (2), (3), and (4).
    ``(2) Except as provided in subsections (b) and (c) and paragraph 
(5) of this subsection, no sale or transfer of uranium shall be made 
under this subsection by the United States Government unless--
            ``(A) the President determines that the material is not 
        necessary for national security needs and the sale or transfer 
        has no adverse impact on implementation of existing government-
        to-government agreements;
            ``(B) the price paid to the appropriate Federal agency, if 
        the transaction is a sale, will not be less than the fair 
        market value of the material; and
            ``(C) the sale or transfer to commercial nuclear power end 
        users is made pursuant to a contract of at least 3 years' 
        duration.
    ``(3) Except as provided in paragraph (5), the United States 
Government shall not make any transfer or sale of uranium in any form 
under this subsection that would cause the total amount of uranium 
transferred or sold pursuant to this subsection that is delivered for 
consumption by commercial nuclear power end users to exceed--
            ``(A) 3,000,000 pounds of U<INF>3</INF> O<INF>8</INF> 
        equivalent in fiscal year 2005, 2006, 2007, 2008, or 2009;
            ``(B) 5,000,000 pounds of U<INF>3</INF>O<INF>8</INF> 
        equivalent in fiscal year 2010 or 2011;
            ``(C) 7,000,000 pounds of U<INF>3</INF>O<INF>8</INF> 
        equivalent in fiscal year 2012; and
            ``(D) 10,000,000 pounds of U<INF>3</INF>O<INF>8</INF> 
        equivalent in fiscal year 2013 or any fiscal year thereafter.
    ``(4) Except for sales or transfers under paragraph (5), for the 
purposes of this subsection, the recovery of uranium from uranium 
bearing materials transferred or sold by the United States Government 
to the domestic uranium industry shall be the preferred method of 
making uranium available. The recovered uranium shall be counted 
against the annual maximum deliveries set forth in this section, when 
such uranium is sold to end users.
    ``(5) The United States Government may make the following sales and 
transfers:
            ``(A) Sales or transfers to a Federal agency if the 
        material is transferred for the use of the receiving agency 
        without any resale or transfer to another entity and the 
        material does not meet commercial specifications.
            ``(B) Sales or transfers to any person for national 
        security purposes, as determined by the Secretary.
            ``(C) Sales or transfers to any State or local agency or 
        nonprofit, charitable, or educational institution for use other 
        than the generation of electricity for commercial use.
            ``(D) Sales or transfers to the Department of Energy 
        research reactor sales program.
            ``(E) Sales or transfers, at fair market value, for 
        emergency purposes in the event of a disruption in supply to 
        commercial nuclear power end users in the United States.
            ``(F) Sales or transfers, at fair market value, for use in 
        a commercial reactor in the United States with nonstandard fuel 
        requirements.
            ``(G) Sales or transfers provided for under law for use by 
        the Tennessee Valley Authority in relation to the Department of 
        Energy's highly enriched uranium or tritium programs.
    ``(6) For purposes of this subsection, the term `United States 
Government' does not include the Tennessee Valley Authority.
    ``(e) Savings Provision.--Nothing in this subchapter modifies the 
terms of the Russian HEU Agreement.
    ``(f) Services.--Notwithstanding any other provision of this 
section, if the Secretary determines that the Corporation has failed, 
or may fail, to perform any obligation under the Agreement between the 
Department of Energy and the Corporation dated June 17, 2002, and as 
amended thereafter, which failure could result in termination of the 
Agreement, the Secretary shall notify Congress, in such a manner that 
affords Congress an opportunity to comment, prior to a determination by 
the Secretary whether termination, waiver, or modification of the 
Agreement is required. The Secretary is authorized to take such action 
as he determines necessary under the Agreement to terminate, waive, or 
modify provisions of the Agreement to achieve its purposes.''.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of Energy shall report to Congress on the 
implementation of this section. The report shall include a discussion 
of available excess uranium inventories; all sales or transfers made by 
the United States Government; the impact of such sales or transfers on 
the domestic uranium industry, the spot market uranium price, and the 
national security interests of the United States; and any steps taken 
to remediate any adverse impacts of such sales or transfers.

SEC. 631. COOPERATIVE RESEARCH AND DEVELOPMENT AND SPECIAL 
              DEMONSTRATION PROJECTS FOR THE URANIUM MINING INDUSTRY.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy $10,000,000 for each of fiscal 
years 2006, 2007, and 2008 for--
            (1) cooperative, cost-shared agreements between the 
        Department of Energy and domestic uranium producers to 
        identify, test, and develop improved in situ leaching mining 
        technologies, including low-cost environmental restoration 
        technologies that may be applied to sites after completion of 
        in situ leaching operations; and
            (2) funding for competitively selected demonstration 
        projects with domestic uranium producers relating to--
                    (A) enhanced production with minimal environmental 
                impacts;
                    (B) restoration of well fields; and
                    (C) decommissioning and decontamination activities.
    (b) Domestic Uranium Producer.--For purposes of this section, the 
term ``domestic uranium producer'' has the meaning given that term in 
section 1018(4) of the Energy Policy Act of 1992 (42 U.S.C. 2296b-
7(4)), except that the term shall not include any producer that has not 
produced uranium from domestic reserves on or after July 30, 1998.
    (c) Limitation.--No activities funded under this section may be 
carried out in the State of New Mexico.

SEC. 632. WHISTLEBLOWER PROTECTION.

    (a) Definition of Employer.--Section 211(a)(2) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and'' and
            (3) by adding at the end the following:
                    ``(E) a contractor or subcontractor of the 
                Commission.''.
    (b) De Novo Review.--Subsection (b) of such section 211 is amended 
by adding at the end the following new paragraph:
            ``(4) If the Secretary has not issued a final decision 
        within 540 days after the filing of a complaint under paragraph 
        (1), and there is no showing that such delay is due to the bad 
        faith of the person seeking relief under this paragraph, such 
        person may bring an action at law or equity for de novo review 
        in the appropriate district court of the United States, which 
        shall have jurisdiction over such an action without regard to 
        the amount in controversy.''.

SEC. 633. MEDICAL ISOTOPE PRODUCTION.

    Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is 
amended--
            (1) in subsection a., by striking ``a. The Commission'' and 
        inserting ``a. In General.--Except as provided in subsection 
        b., the Commission'';
            (2) by redesignating subsection b. as subsection c.; and
            (3) by inserting after subsection a. the following:
    ``b. Medical Isotope Production.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Highly enriched uranium.--The term `highly 
                enriched uranium' means uranium enriched to include 
                concentration of U-235 above 20 percent.
                    ``(B) Medical isotope.--The term `medical isotope' 
                includes Molybdenum 99, Iodine 131, Xenon 133, and 
                other radioactive materials used to produce a 
                radiopharmaceutical for diagnostic, therapeutic 
                procedures or for research and development.
                    ``(C) Radiopharmaceutical.--The term 
                `radiopharmaceutical' means a radioactive isotope 
                that--
                            ``(i) contains byproduct material combined 
                        with chemical or biological material; and
                            ``(ii) is designed to accumulate 
                        temporarily in a part of the body for 
                        therapeutic purposes or for enabling the 
                        production of a useful image for use in a 
                        diagnosis of a medical condition.
                    ``(D) Recipient country.--The term `recipient 
                country' means Canada, Belgium, France, Germany, and 
                the Netherlands.
            ``(2) Licenses.--The Commission may issue a license 
        authorizing the export (including shipment to and use at 
        intermediate and ultimate consignees specified in the license) 
        to a recipient country of highly enriched uranium for medical 
        isotope production if, in addition to any other requirements of 
        this Act (except subsection a.), the Commission determines 
        that--
                    ``(A) a recipient country that supplies an 
                assurance letter to the United States Government in 
                connection with the consideration by the Commission of 
                the export license application has informed the United 
                States Government that any intermediate consignees and 
                the ultimate consignee specified in the application are 
                required to use the highly enriched uranium solely to 
                produce medical isotopes; and
                    ``(B) the highly enriched uranium for medical 
                isotope production will be irradiated only in a reactor 
                in a recipient country that--
                            ``(i) uses an alternative nuclear reactor 
                        fuel; or
                            ``(ii) is the subject of an agreement with 
                        the United States Government to convert to an 
                        alternative nuclear reactor fuel when 
                        alternative nuclear reactor fuel can be used in 
                        the reactor.
            ``(3) Review of physical protection requirements.--
                    ``(A) In general.--The Commission shall review the 
                adequacy of physical protection requirements that, as 
                of the date of an application under paragraph (2), are 
                applicable to the transportation and storage of highly 
                enriched uranium for medical isotope production or 
                control of residual material after irradiation and 
                extraction of medical isotopes.
                    ``(B) Imposition of additional requirements.--If 
                the Commission determines that additional physical 
                protection requirements are necessary (including a 
                limit on the quantity of highly enriched uranium that 
                may be contained in a single shipment), the Commission 
                shall impose such requirements as license conditions or 
                through other appropriate means.
            ``(4) First report to congress.--
                    ``(A) NAS study.--The Secretary shall enter into an 
                arrangement with the National Academy of Sciences to 
                conduct a study to determine--
                            ``(i) the feasibility of procuring supplies 
                        of medical isotopes from commercial sources 
                        that do not use highly enriched uranium;
                            ``(ii) the current and projected demand and 
                        availability of medical isotopes in regular 
                        current domestic use;
                            ``(iii) the progress that is being made by 
                        the Department of Energy and others to 
                        eliminate all use of highly enriched uranium in 
                        reactor fuel, reactor targets, and medical 
                        isotope production facilities; and
                            ``(iv) the potential cost differential in 
                        medical isotope production in the reactors and 
                        target processing facilities if the products 
                        were derived from production systems that do 
                        not involve fuels and targets with highly 
                        enriched uranium.
                    ``(B) Feasibility.--For the purpose of this 
                subsection, the use of low enriched uranium to produce 
                medical isotopes shall be determined to be feasible 
                if--
                            ``(i) low enriched uranium targets have 
                        been developed and demonstrated for use in the 
                        reactors and target processing facilities that 
                        produce significant quantities of medical 
                        isotopes to serve United States needs for such 
                        isotopes;
                            ``(ii) sufficient quantities of medical 
                        isotopes are available from low enriched 
                        uranium targets and fuel to meet United States 
                        domestic needs; and
                            ``(iii) the average anticipated total cost 
                        increase from production of medical isotopes in 
                        such facilities without use of highly enriched 
                        uranium is less than 10 percent.
                    ``(C) Report by the secretary.--Not later than 5 
                years after the date of enactment of the Energy Policy 
                Act of 2005, the Secretary shall submit to Congress a 
                report that--
                            ``(i) contains the findings of the National 
                        Academy of Sciences made in the study under 
                        subparagraph (A); and
                            ``(ii) discloses the existence of any 
                        commitments from commercial producers to 
                        provide domestic requirements for medical 
                        isotopes without use of highly enriched uranium 
                        consistent with the feasibility criteria 
                        described in subparagraph (B) not later than 
                        the date that is 4 years after the date of 
                        submission of the report.
            ``(5) Second report to congress.--If the study of the 
        National Academy of Sciences determines under paragraph 
        (4)(A)(i) that the procurement of supplies of medical isotopes 
        from commercial sources that do not use highly enriched uranium 
        is feasible, but the Secretary is unable to report the 
        existence of commitments under paragraph (4)(C)(ii), not later 
        than the date that is 6 years after the date of enactment of 
        the Energy Policy Act of 2005, the Secretary shall submit to 
        Congress a report that describes options for developing 
        domestic supplies of medical isotopes in quantities that are 
        adequate to meet domestic demand without the use of highly 
        enriched uranium consistent with the cost increase described in 
        paragraph (4)(B)(iii).
            ``(6) Certification.--At such time as commercial facilities 
        that do not use highly enriched uranium are capable of meeting 
        domestic requirements for medical isotopes, within the cost 
        increase described in paragraph (4)(B)(iii) and without 
        impairing the reliable supply of medical isotopes for domestic 
        utilization, the Secretary shall submit to Congress a 
        certification to that effect.
            ``(7) Sunset provision.--After the Secretary submits a 
        certification under paragraph (6), the Commission shall, by 
        rule, terminate its review of export license applications under 
        this subsection.''.

SEC. 634. FERNALD BYPRODUCT MATERIAL.

     Title III of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10221 
et seq.) is amended by adding at the end the following new section:

                      ``fernald byproduct material

    ``Sec. 307. Notwithstanding any other law, the material in the 
concrete silos at the Fernald uranium processing facility managed on 
the date of enactment of this section by the Department shall be 
considered byproduct material (as defined by section 11 e.(2) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2))). The Department may 
dispose of the material in a facility regulated by the Commission or by 
an Agreement State. If the Department disposes of the material in such 
a facility, the Commission or the Agreement State shall regulate the 
material as byproduct material under that Act. This material shall 
remain subject to the jurisdiction of the Department until it is 
received at a commercial, Commission-licensed, or Agreement State-
licensed facility, at which time the material shall be subject to the 
health and safety requirements of the Commission or the Agreement State 
with jurisdiction over the disposal site.''.

SEC. 635. SAFE DISPOSAL OF GREATER-THAN-CLASS C RADIOACTIVE WASTE.

     Subtitle D of title I of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10171) is amended by adding at the end the following new 
section:

       ``safe disposal of greater-than-class c radioactive waste

    ``Sec. 152. (a) Designation of Responsibility.--The Secretary shall 
designate an Office within the Department to have the responsibility 
for activities needed to develop a new, or use an existing, facility 
for safely disposing of all low-level radioactive waste with 
concentrations of radionuclides that exceed the limits established by 
the Commission for Class C radioactive waste (referred to in this 
section as `GTCC waste').
    ``(b) Comprehensive Plan.--The Secretary shall develop a 
comprehensive plan for permanent disposal of GTCC waste which includes 
plans for a disposal facility. This plan shall be transmitted to 
Congress in a series of reports, including the following:
            ``(1) Report on short-term plan.--Not later than 180 days 
        after the date of enactment of this section, the Secretary 
        shall submit to Congress a plan describing the Secretary's 
        operational strategy for continued recovery and storage of GTCC 
        waste until a permanent disposal facility is available.
            ``(2) Update of 1987 report.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Secretary shall 
                submit to Congress an update of the Secretary's 
                February 1987 report submitted to Congress that made 
                comprehensive recommendations for the disposal of GTCC 
                waste.
                    ``(B) Contents.--The update under this paragraph 
                shall contain--
                            ``(i) a detailed description and 
                        identification of the GTCC waste that is to be 
                        disposed;
                            ``(ii) a description of current domestic 
                        and international programs, both Federal and 
                        commercial, for management and disposition of 
                        GTCC waste;
                            ``(iii) an identification of the Federal 
                        and private options and costs for the safe 
                        disposal of GTCC waste;
                            ``(iv) an identification of the options for 
                        ensuring that, wherever possible, generators 
                        and users of GTCC waste bear all reasonable 
                        costs of waste disposal;
                            ``(v) an identification of any new 
                        statutory authority required for disposal of 
                        GTCC waste; and
                            ``(vi) in coordination with the 
                        Environmental Protection Agency and the 
                        Commission, an identification of any new 
                        regulatory guidance needed for the disposal of 
                        GTCC waste.
            ``(3) Report on cost and schedule for completion of 
        environmental impact statement and record of decision.--Not 
        later than 180 days after the date of submission of the update 
        required under paragraph (2), the Secretary shall submit to 
        Congress a report containing an estimate of the cost and 
        schedule to complete a draft and final environmental impact 
        statement and to issue a record of decision for a permanent 
        disposal facility, utilizing either a new or existing facility, 
        for GTCC waste.''.

SEC. 636. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR 
              TERRORISM.

    (a) In General.--Section 129 of the Atomic Energy Act of 1954 (42 
U.S.C. 2158) is amended--
            (1) by inserting ``a.'' before ``No nuclear materials and 
        equipment''; and
            (2) by adding at the end the following new subsection:
    ``b.(1) Notwithstanding any other provision of law, including 
specifically section 121 of this Act, and except as provided in 
paragraphs (2) and (3), no nuclear materials and equipment or sensitive 
nuclear technology, including items and assistance authorized by 
section 57 b. of this Act and regulated under part 810 of title 10, 
Code of Federal Regulations, and nuclear-related items on the Commerce 
Control List maintained under part 774 of title 15 of the Code of 
Federal Regulations, shall be exported or reexported, or transferred or 
retransferred whether directly or indirectly, and no Federal agency 
shall issue any license, approval, or authorization for the export or 
reexport, or transfer, or retransfer, whether directly or indirectly, 
of these items or assistance (as defined in this paragraph) to any 
country whose government has been identified by the Secretary of State 
as engaged in state sponsorship of terrorist activities (specifically 
including any country the government of which has been determined by 
the Secretary of State under section 620A(a) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have 
repeatedly provided support for acts of international terrorism).
    ``(2) This subsection shall not apply to exports, reexports, 
transfers, or retransfers of radiation monitoring technologies, 
surveillance equipment, seals, cameras, tamper-indication devices, 
nuclear detectors, monitoring systems, or equipment necessary to safely 
store, transport, or remove hazardous materials, whether such items, 
services, or information are regulated by the Department of Energy, the 
Department of Commerce, or the Nuclear Regulatory Commission, except to 
the extent that such technologies, equipment, seals, cameras, devices, 
detectors, or systems are available for use in the design or 
construction of nuclear reactors or nuclear weapons.
    ``(3) The President may waive the application of paragraph (1) to a 
country if the President determines and certifies to Congress that the 
waiver will not result in any increased risk that the country receiving 
the waiver will acquire nuclear weapons, nuclear reactors, or any 
materials or components of nuclear weapons and--
            ``(A) the government of such country has not within the 
        preceding 12-month period willfully aided or abetted the 
        international proliferation of nuclear explosive devices to 
        individuals or groups or willfully aided and abetted an 
        individual or groups in acquiring unsafeguarded nuclear 
        materials;
            ``(B) in the judgment of the President, the government of 
        such country has provided adequate, verifiable assurances that 
        it will cease its support for acts of international terrorism;
            ``(C) the waiver of that paragraph is in the vital national 
        security interest of the United States; or
            ``(D) such a waiver is essential to prevent or respond to a 
        serious radiological hazard in the country receiving the waiver 
        that may or does threaten public health and safety.''.
    (b) Applicability to Exports Approved for Transfer but not 
Transferred.--Subsection b. of section 129 of Atomic Energy Act of 
1954, as added by subsection (a) of this section, shall apply with 
respect to exports that have been approved for transfer as of the date 
of the enactment of this Act but have not yet been transferred as of 
that date.

SEC. 638. NATIONAL URANIUM STOCKPILE.

    The USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended by 
adding at the end the following new section:

``SEC. 3118. NATIONAL URANIUM STOCKPILE.

    ``(a) Stockpile Creation.--The Secretary of Energy may create a 
national low-enriched uranium stockpile with the goals to--
            ``(1) enhance national energy security; and
            ``(2) reduce global proliferation threats.
    ``(b) Source of Material.--The Secretary shall obtain material for 
the stockpile from--
            ``(1) material derived from blend-down of Russian highly 
        enriched uranium derived from weapons materials; and
            ``(2) domestically mined and enriched uranium.
    ``(c) Limitation on Sales or Transfers.--Sales or transfer of 
materials in the stockpile shall occur pursuant to section 3112.''.

SEC. 639. NUCLEAR REGULATORY COMMISSION MEETINGS.

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

SEC. 640. EMPLOYEE BENEFITS.

    Section 3110(a) of the USEC Privatization Act (42 U.S.C. 2297h-
8(a)) is amended by adding at the end the following new paragraph:
    ``(8) Continuity of Benefits.--To the extent appropriations are 
provided in advance for this purpose or are otherwise available, not 
later than 30 days after the date of enactment of this paragraph, the 
Secretary shall implement such actions as are necessary to ensure that 
any employee who--
            ``(A) is involved in providing infrastructure or 
        environmental remediation services at the Portsmouth, Ohio, or 
        the Paducah, Kentucky, Gaseous Diffusion Plant;
            ``(B) has been an employee of the Department of Energy's 
        predecessor management and integrating contractor (or its first 
        or second tier subcontractors), or of the Corporation, at the 
        Portsmouth, Ohio, or the Paducah, Kentucky, facility; and
            ``(C) was eligible as of April 1, 2005, to participate in 
        or transfer into the Multiple Employer Pension Plan or the 
        associated multiple employer retiree health care benefit plans, 
        as defined in those plans,
shall continue to be eligible to participate in or transfer into such 
pension or health care benefit plans.''.

         Subtitle C--Additional Hydrogen Production Provisions

SEC. 651. HYDROGEN PRODUCTION PROGRAMS.

    (a) Advanced Reactor Hydrogen Cogeneration Project.--
            (1) Project establishment.--The Secretary is directed to 
        establish an Advanced Reactor Hydrogen Cogeneration Project.
            (2) Project definition.--The project shall consist of the 
        research, development, design, construction, and operation of a 
        hydrogen production cogeneration research facility that, 
        relative to the current commercial reactors, enhances safety 
        features, reduces waste production, enhances thermal 
        efficiencies, increases proliferation resistance, and has the 
        potential for improved economics and physical security in 
        reactor siting. This facility shall be constructed so as to 
        enable research and development on advanced reactors of the 
        type selected and on alternative approaches for reactor-based 
        production of hydrogen.
            (3) Project management.--
                    (A) Management.--The project shall be managed 
                within the Department by the Office of Nuclear Energy, 
                Science, and Technology.
                    (B) Lead laboratory.--The lead laboratory for the 
                project, providing the site for the reactor 
                construction, shall be the Idaho National Laboratory 
                (in this subsection referred to as ``INL'').
                    (C) Steering committee.--The Secretary shall 
                establish a national steering committee with membership 
                from the national laboratories, universities, and 
                industry to provide advice to the Secretary and the 
                Director of the Office of Nuclear Energy, Science, and 
                Technology on technical and program management aspects 
                of the project.
                    (D) Collaboration.--Project activities shall be 
                conducted at INL, other national laboratories, 
                universities, domestic industry, and international 
                partners.
            (4) Project requirements.--
                    (A) Research and development.--
                            (i) In general.--The project shall include 
                        planning, research and development, design, and 
                        construction of an advanced, next-generation, 
                        nuclear energy system suitable for enabling 
                        further research and development on advanced 
                        reactor technologies and alternative approaches 
                        for reactor-based generation of hydrogen.
                            (ii) Reactor test capabilities at inl.--The 
                        project shall utilize, where appropriate, 
                        extensive reactor test capabilities resident at 
                        INL.
                            (iii) Alternatives.--The project shall be 
                        designed to explore technical, environmental, 
                        and economic feasibility of alternative 
                        approaches for reactor-based hydrogen 
                        production.
                            (iv) Industrial lead.--The industrial lead 
                        for the project shall be a company incorporated 
                        in the United States.
                    (B) International collaboration.--
                            (i) In general.--The Secretary shall seek 
                        international cooperation, participation, and 
                        financial contribution in this project.
                            (ii) Assistance from international 
                        partners.--The Secretary may contract for 
                        assistance from specialists or facilities from 
                        member countries of the Generation IV 
                        International Forum, the Russian Federation, or 
                        other international partners where such 
                        specialists or facilities provide access to 
                        cost-effective and relevant skills or test 
                        capabilities.
                            (iii) Generation iv international forum.--
                        International activities shall be coordinated 
                        with the Generation IV International Forum.
                            (iv) Generation iv nuclear energy systems 
                        program.--The Secretary may combine this 
                        project with the Generation IV Nuclear Energy 
                        Systems Program.
                    (C) Demonstration.--The overall project, which may 
                involve demonstration of selected project objectives in 
                a partner nation, must demonstrate both electricity and 
                hydrogen production and may provide flexibility, where 
                technically and economically feasible in the design and 
                construction, to enable tests of alternative reactor 
                core and cooling configurations.
                    (D) Partnerships.--The Secretary shall establish 
                cost-shared partnerships with domestic industry or 
                international participants for the research, 
                development, design, construction, and operation of the 
                research facility, and preference in determining the 
                final project structure shall be given to an overall 
                project which retains United States leadership while 
                maximizing cost sharing opportunities and minimizing 
                Federal funding responsibilities.
                    (E) Target date.--The Secretary shall select 
                technologies and develop the project to provide initial 
                testing of either hydrogen production or electricity 
                generation by 2011, or provide a report to Congress 
                explaining why this date is not feasible.
                    (F) Waiver of construction timelines.--The 
                Secretary is authorized to conduct the Advanced Reactor 
                Hydrogen Cogeneration Project without the constraints 
                of DOE Order 413.3, relating to program and project 
                management for the acquisition of capital assets, as 
                necessary to meet the specified operational date.
                    (G) Competition.--The Secretary may fund up to 2 
                teams for up to 1 year to develop detailed proposals 
                for competitive evaluation and selection of a single 
                proposal and concept for further progress. The 
                Secretary shall define the format of the competitive 
                evaluation of proposals.
                    (H) Use of facilities.--Research facilities in 
                industry, national laboratories, or universities either 
                within the United States or with cooperating 
                international partners may be used to develop the 
                enabling technologies for the research facility. 
                Utilization of domestic university-based facilities 
                shall be encouraged to provide educational 
                opportunities for student development.
                    (I) Role of nuclear regulatory commission.--
                            (i) In general.--The Nuclear Regulatory 
                        Commission shall have licensing and regulatory 
                        authority for any reactor authorized under this 
                        subsection, pursuant to section 202 of the 
                        Energy Reorganization Act of 1974 (42 U.S.C. 
                        5842).
                            (ii) Risk-based criteria.--The Secretary 
                        shall seek active participation of the Nuclear 
                        Regulatory Commission throughout the project to 
                        develop risk-based criteria for any future 
                        commercial development of a similar reactor 
                        architecture.
                    (J) Report.--The Secretary shall develop and 
                transmit to Congress a comprehensive project plan not 
                later than 3 months after the date of enactment of this 
                Act. The project plan shall be updated annually with 
                each annual budget submission.
    (b) Advanced Nuclear Reactor Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the 
        provisions in this subtitle related to advanced nuclear reactor 
        technologies and for implementing the recommendations related 
        to advanced nuclear reactor technologies that are included in 
        the report transmitted under subsection (d); and
            (2) provide for the establishment of 5 projects in 
        geographic areas that are regionally and climatically diverse 
        to demonstrate the commercial production of hydrogen at 
        existing nuclear power plants, including one demonstration 
        project at a national laboratory or institution of higher 
        education using an advanced gas-cooled reactor.
    (c) Collocation With Hydrogen Production Facility.--Section 103 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2011) is amended by adding at 
the end the following new subsection:
    ``g. The Commission shall give priority to the licensing of a 
utilization facility that is collocated with a hydrogen production 
facility. The Commission shall issue a final decision approving or 
disapproving the issuance of a license to construct and operate a 
utilization facility not later than the expiration of 3 years after the 
date of the submission of such application, if the application 
references a Commission-certified design and an early site permit, 
unless the Commission determines that the applicant has proposed 
material and substantial changes to the design or the site design 
parameters.''.
    (d) Report.--The Secretary shall transmit to the Congress not later 
than 120 days after the date of enactment of this Act a report 
containing detailed summaries of the roadmaps prepared under subsection 
(b)(1), descriptions of the Secretary's progress in establishing the 
projects and other programs required under this section, and 
recommendations for promoting the availability of advanced nuclear 
reactor energy technologies for the production of hydrogen.
    (e) Authorization of Appropriations.--For the purpose of supporting 
research programs related to the development of advanced nuclear 
reactor technologies under this section, there are authorized to be 
appropriated to the Secretary--
            (1) $65,000,000 for fiscal year 2006;
            (2) $74,750,000 for fiscal year 2007;
            (3) $85,962,500 for fiscal year 2008;
            (4) $98,856,875 for fiscal year 2009;
            (5) $113,685,406 for fiscal year 2010;
            (6) $130,738,217 for fiscal year 2011;
            (7) $150,348,950 for fiscal year 2012;
            (8) $172,901,292 for fiscal year 2013;
            (9) $198,836,486 for fiscal year 2014; and
            (10) $228,661,959 for fiscal year 2015.

SEC. 652. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``advanced nuclear reactor technologies'' 
        means--
                    (A) technologies related to advanced light water 
                reactors that may be commercially available in the 
                near-term, including mid-sized reactors with passive 
                safety features, for the generation of electric power 
                from nuclear fission and the production of hydrogen; 
                and
                    (B) technologies related to other nuclear reactors 
                that may require prototype demonstration prior to 
                availability in the mid-term or long-term, including 
                high-temperature, gas-cooled reactors and liquid metal 
                reactors, for the generation of electric power from 
                nuclear fission and the production of hydrogen;
            (2) the term ``institution of higher education'' has the 
        meaning given to that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)); and
            (3) the term ``Secretary'' means the Secretary of Energy.

                      Subtitle D--Nuclear Security

SEC. 661. NUCLEAR FACILITY THREATS.

    (a) Study.--The President, in consultation with the Nuclear 
Regulatory Commission (referred to in this subtitle as the 
``Commission'') and other appropriate Federal, State, and local 
agencies and private entities, shall conduct a study to identify the 
types of threats that pose an appreciable risk to the security of the 
various classes of facilities licensed by the Commission under the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Such study shall 
take into account, but not be limited to--
            (1) the events of September 11, 2001;
            (2) an assessment of physical, cyber, biochemical, and 
        other terrorist threats;
            (3) the potential for attack on facilities by multiple 
        coordinated teams of a large number of individuals;
            (4) the potential for assistance in an attack from several 
        persons employed at the facility;
            (5) the potential for suicide attacks;
            (6) the potential for water-based and air-based threats;
            (7) the potential use of explosive devices of considerable 
        size and other modern weaponry;
            (8) the potential for attacks by persons with a 
        sophisticated knowledge of facility operations;
            (9) the potential for fires, especially fires of long 
        duration;
            (10) the potential for attacks on spent fuel shipments by 
        multiple coordinated teams of a large number of individuals;
            (11) the adequacy of planning to protect the public health 
        and safety at and around nuclear facilities, as appropriate, in 
        the event of a terrorist attack against a nuclear facility; and
            (12) the potential for theft and diversion of nuclear 
        materials from such facilities.
    (b) Summary and Classification Report.--Not later than 180 days 
after the date of the enactment of this Act, the President shall 
transmit to Congress and the Commission a report--
            (1) summarizing the types of threats identified under 
        subsection (a); and
            (2) classifying each type of threat identified under 
        subsection (a), in accordance with existing laws and 
        regulations, as either--
                    (A) involving attacks and destructive acts, 
                including sabotage, directed against the facility by an 
                enemy of the United States, whether a foreign 
                government or other person, or otherwise falling under 
                the responsibilities of the Federal Government; or
                    (B) involving the type of risks that Commission 
                licensees should be responsible for guarding against.
    (c) Federal Action Report.--Not later than 90 days after the date 
on which a report is transmitted under subsection (b), the President 
shall transmit to Congress a report on actions taken, or to be taken, 
to address the types of threats identified under subsection (b)(2)(A), 
including identification of the Federal, State, and local agencies 
responsible for carrying out the obligations and authorities of the 
United States. Such report may include a classified annex, as 
appropriate.
    (d) Regulations.--Not later than 180 days after the date on which a 
report is transmitted under subsection (b), the Commission may revise, 
by rule, the design basis threats issued before the date of enactment 
of this section as the Commission considers appropriate based on the 
summary and classification report.
    (e) Physical Security Program.--The Commission shall establish an 
operational safeguards response evaluation program that ensures that 
the physical protection capability and operational safeguards response 
for sensitive nuclear facilities, as determined by the Commission 
consistent with the protection of public health and the common defense 
and security, shall be tested periodically through Commission approved 
or designed, observed, and evaluated force-on-force exercises to 
determine whether the ability to defeat the design basis threat is 
being maintained. For purposes of this subsection, the term ``sensitive 
nuclear facilities'' includes at a minimum commercial nuclear power 
plants and category I fuel cycle facilities.
    (f) Control of Information.--Notwithstanding any other provision of 
law, the Commission may undertake any rulemaking under this subtitle in 
a manner that will fully protect safeguards and classified national 
security information.
    (g) Federal Security Coordinators.--
            (1) Regional offices.--Not later than 18 months after the 
        date of enactment of this Act, the Commission shall assign a 
        Federal security coordinator, under the employment of the 
        Commission, to each region of the Commission.
            (2) Responsibilities.--The Federal security coordinator 
        shall be responsible for--
                    (A) communicating with the Commission and other 
                Federal, State, and local authorities concerning 
                threats, including threats against such classes of 
                facilities as the Commission determines to be 
                appropriate;
                    (B) ensuring that such classes of facilities as the 
                Commission determines to be appropriate maintain 
                security consistent with the security plan in 
                accordance with the appropriate threat level; and
                    (C) assisting in the coordination of security 
                measures among the private security forces at such 
                classes of facilities as the Commission determines to 
                be appropriate and Federal, State, and local 
                authorities, as appropriate.
    (h) Training Program.--The President shall establish a program to 
provide technical assistance and training to Federal agencies, the 
National Guard, and State and local law enforcement and emergency 
response agencies in responding to threats against a designated nuclear 
facility.

SEC. 662. FINGERPRINTING FOR CRIMINAL HISTORY RECORD CHECKS.

    (a) In General.--Subsection a. of section 149 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2169(a)) is amended--
            (1) by striking ``a. The Nuclear'' and all that follows 
        through ``section 147.'' and inserting the following:
    ``a. In General.--
            ``(1) Requirements.--
                    ``(A) In general.--The Commission shall require 
                each individual or entity--
                            ``(i) that is licensed or certified to 
                        engage in an activity subject to regulation by 
                        the Commission;
                            ``(ii) that has filed an application for a 
                        license or certificate to engage in an activity 
                        subject to regulation by the Commission; or
                            ``(iii) that has notified the Commission, 
                        in writing, of an intent to file an application 
                        for licensing, certification, permitting, or 
                        approval of a product or activity subject to 
                        regulation by the Commission,
                to fingerprint each individual described in 
                subparagraph (B) before the individual is permitted 
                unescorted access or access, whichever is applicable, 
                as described in subparagraph (B).
                    ``(B) Individuals required to be fingerprinted.--
                The Commission shall require to be fingerprinted each 
                individual who--
                            ``(i) is permitted unescorted access to--
                                    ``(I) a utilization facility; or
                                    ``(II) radioactive material or 
                                other property subject to regulation by 
                                the Commission that the Commission 
                                determines to be of such significance 
                                to the public health and safety or the 
                                common defense and security as to 
                                warrant fingerprinting and background 
                                checks; or
                            ``(ii) is permitted access to safeguards 
                        information under section 147.'';
            (2) by striking ``All fingerprints obtained by a licensee 
        or applicant as required in the preceding sentence'' and 
        inserting the following:
            ``(2) Submission to the attorney general.--All fingerprints 
        obtained by an individual or entity as required in paragraph 
        (1)'';
            (3) by striking ``The costs of any identification and 
        records check conducted pursuant to the preceding sentence 
        shall be paid by the licensee or applicant.'' and inserting the 
        following:
            ``(3) Costs.--The costs of any identification and records 
        check conducted pursuant to paragraph (1) shall be paid by the 
        individual or entity required to conduct the fingerprinting 
        under paragraph (1)(A).''; and
            (4) by striking ``Notwithstanding any other provision of 
        law, the Attorney General may provide all the results of the 
        search to the Commission, and, in accordance with regulations 
        prescribed under this section, the Commission may provide such 
        results to licensee or applicant submitting such 
        fingerprints.'' and inserting the following:
            ``(4) Provision to individual or entity required to conduct 
        fingerprinting.--Notwithstanding any other provision of law, 
        the Attorney General may provide all the results of the search 
        to the Commission, and, in accordance with regulations 
        prescribed under this section, the Commission may provide such 
        results to the individual or entity required to conduct the 
        fingerprinting under paragraph (1)(A).''.
    (b) Administration.--Subsection c. of section 149 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2169(c)) is amended--
            (1) by striking ``, subject to public notice and comment, 
        regulations--'' and inserting ``requirements--''; and
            (2) by striking, in paragraph (2)(B), ``unescorted access 
        to the facility of a licensee or applicant'' and inserting 
        ``unescorted access to a utilization facility, radioactive 
        material, or other property described in subsection a.(1)(B)''.
    (c) Biometric Methods.--Subsection d. of section 149 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2169(d)) is redesignated as subsection 
e., and the following is inserted after subsection c.:
    ``d. Use of Other Biometric Methods.--The Commission may satisfy 
any requirement for a person to conduct fingerprinting under this 
section using any other biometric method for identification approved 
for use by the Attorney General, after the Commission has approved the 
alternative method by rule.''.

SEC. 663. USE OF FIREARMS BY SECURITY PERSONNEL OF LICENSEES AND 
              CERTIFICATE HOLDERS OF THE COMMISSION.

     Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is 
amended by adding at the end the following subsection:
            ``z.(1) notwithstanding section 922(a)(4) and (o) of title 
        18, United States Code, or any similar provision of any State 
        law or any similar rule or regulation of a State or any 
        political subdivision of a State prohibiting the transfer or 
        possession of a handgun, a rifle or shotgun, a short-barreled 
        shotgun, a short-barreled rifle, a machinegun, a semiautomatic 
        assault weapon, ammunition for the foregoing, or a large 
        capacity ammunition feeding device, authorize security 
        personnel of licensees and certificate holders of the 
        Commission (including employees of contractors of licensees and 
        certificate holders) to receive, possess, transport, import, 
        and use 1 or more of those weapons, ammunition, or devices, if 
        the Commission determines that--
                    ``(A) such authorization is necessary to the 
                discharge of the security personnel's official duties; 
                and
                    ``(B) the security personnel--
                            ``(i) are not otherwise prohibited from 
                        possessing or receiving a firearm under Federal 
                        or State laws pertaining to possession of 
                        firearms by certain categories of persons;
                            ``(ii) have successfully completed 
                        requirements established through guidelines 
                        implementing this subsection for training in 
                        use of firearms and tactical maneuvers;
                            ``(iii) are engaged in the protection of--
                                    ``(I) facilities owned or operated 
                                by a Commission licensee or certificate 
                                holder that are designated by the 
                                Commission; or
                                    ``(II) radioactive material or 
                                other property owned or possessed by a 
                                person that is a licensee or 
                                certificate holder of the Commission, 
                                or that is being transported to or from 
                                a facility owned or operated by such a 
                                licensee or certificate holder, and 
                                that has been determined by the 
                                Commission to be of significance to the 
                                common defense and security or public 
                                health and safety; and
                            ``(iv) are discharging their official 
                        duties.
            ``(2) Such receipt, possession, transportation, 
        importation, or use shall be subject to--
                    ``(A) chapter 44 of title 18, United States Code, 
                except for section 922(a)(4) and (o);
                    ``(B) chapter 53 of title 26, United States Code, 
                except for section 5844; and
                    ``(C) a background check by the Attorney General, 
                based on fingerprints and including a check of the 
                system established under section 103(b) of the Brady 
                Handgun Violence Prevention Act (18 U.S.C. 922 note) to 
                determine whether the person applying for the authority 
                is prohibited from possessing or receiving a firearm 
                under Federal or State law.
            ``(3) This subsection shall become effective upon the 
        issuance of guidelines by the Commission, with the approval of 
        the Attorney General, to govern the implementation of this 
        subsection.
            ``(4) In this subsection, the terms `handgun', `rifle', 
        `shotgun', `firearm', `ammunition', `machinegun', 
        `semiautomatic assault weapon', `large capacity ammunition 
        feeding device', `short-barreled shotgun', and `short-barreled 
        rifle' shall have the meanings given those terms in section 
        921(a) of title 18, United States Code.''.

SEC. 664. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

     Section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C. 
2278a(a)) is amended in the first sentence by inserting ``or subject to 
the licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 665. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    (a) In General.--Section 236 a. of the Atomic Energy Act of 1954 
(42 U.S.C. 2284(a)) is amended--
            (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``, uranium conversion, or nuclear fuel fabrication 
                facility licensed or certified''; and
                    (B) by striking the comma at the end and inserting 
                a semicolon; and
            (4) by inserting after paragraph (4) the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, uranium 
        conversion, or nuclear fuel fabrication facility subject to 
        licensing or certification under this Act during construction 
        of the facility, if the destruction or damage caused or 
        attempted to be caused could adversely affect public health and 
        safety during the operation of the facility;
            ``(6) any primary facility or backup facility from which a 
        radiological emergency preparedness alert and warning system is 
        activated; or
            ``(7) any radioactive material or other property subject to 
        regulation by the Nuclear Regulatory Commission that, before 
        the date of the offense, the Nuclear Regulatory Commission 
        determines, by order or regulation published in the Federal 
        Register, is of significance to the public health and safety or 
        to common defense and security,''.
    (b) Penalties.--Section 236 of the Atomic Energy Act of 1954 (42 
U.S.C. 2284) is amended by striking ``$10,000 or imprisoned for not 
more than 20 years, or both, and, if death results to any person, shall 
be imprisoned for any term of years or for life'' both places it 
appears and inserting ``$1,000,000 or imprisoned for up to life without 
parole''.

SEC. 666. SECURE TRANSFER OF NUCLEAR MATERIALS.

    (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201-2210b) is amended by adding at the end the following new 
section:

``SEC. 170C. SECURE TRANSFER OF NUCLEAR MATERIALS.

    ``a. The Nuclear Regulatory Commission shall establish a system to 
ensure that materials described in subsection b., when transferred or 
received in the United States by any party pursuant to an import or 
export license issued pursuant to this Act, are accompanied by a 
manifest describing the type and amount of materials being transferred 
or received. Each individual receiving or accompanying the transfer of 
such materials shall be subject to a security background check 
conducted by appropriate Federal entities.
    ``b. Except as otherwise provided by the Commission by regulation, 
the materials referred to in subsection a. are byproduct materials, 
source materials, special nuclear materials, high-level radioactive 
waste, spent nuclear fuel, transuranic waste, and low-level radioactive 
waste (as defined in section 2(16) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(16))).''.
    (b) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, and from time to time thereafter as it considers 
necessary, the Nuclear Regulatory Commission shall issue regulations 
identifying radioactive materials or classes of individuals that, 
consistent with the protection of public health and safety and the 
common defense and security, are appropriate exceptions to the 
requirements of section 170C of the Atomic Energy Act of 1954, as added 
by subsection (a) of this section.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the issuance of regulations under subsection (b), 
except that the background check requirement shall become effective on 
a date established by the Commission.
    (d) Effect on Other Law.--Nothing in this section or the amendment 
made by this section shall waive, modify, or affect the application of 
chapter 51 of title 49, United States Code, part A of subtitle V of 
title 49, United States Code, part B of subtitle VI of title 49, United 
States Code, and title 23, United States Code.
    (e) Table of Sections Amendment.--The table of sections for chapter 
14 of the Atomic Energy Act of 1954 is amended by adding at the end the 
following new item:

``Sec. 170C. Secure transfer of nuclear materials.''.

SEC. 667. DEPARTMENT OF HOMELAND SECURITY CONSULTATION.

     Before issuing a license for a utilization facility, the Nuclear 
Regulatory Commission shall consult with the Department of Homeland 
Security concerning the potential vulnerabilities of the location of 
the proposed facility to terrorist attack.

SEC. 668. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this subtitle and the amendments made by 
this subtitle.
    (b) Nuclear Regulatory Commission User Fees and Annual Charges.--
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 
U.S.C. 2214) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Except as provided in paragraph 
                (3), the'' and inserting ``The'' in paragraph (1); and
                    (B) by striking paragraph (3); and
            (2) in subsection (c)--
                    (A) by striking ``and'' at the end of paragraph 
                (2)(A)(i);
                    (B) by striking the period at the end of paragraph 
                (2)(A)(ii) and inserting a semicolon;
                    (C) by adding at the end of paragraph (2)(A) the 
                following new clauses:
                            ``(iii) amounts appropriated to the 
                        Commission for the fiscal year for 
                        implementation of section 3116 of the Ronald W. 
                        Reagan National Defense Authorization Act for 
                        Fiscal Year 2005; and
                            ``(iv) amounts appropriated to the 
                        Commission for homeland security activities of 
                        the Commission for the fiscal year, except for 
                        the costs of fingerprinting and background 
                        checks required by section 149 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2169) and the 
                        costs of conducting security inspections.''; 
                        and
                    (D) by amending paragraph (2)(B)(v) to read as 
                follows:
                            ``(v) 90 percent for fiscal year 2005 and 
                        each fiscal year thereafter.''.
    (c) Repeal.--Section 7601 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (42 U.S.C. 2213) is repealed.

                     TITLE VII--VEHICLES AND FUELS

                     Subtitle A--Existing Programs

SEC. 701. USE OF ALTERNATIVE FUELS BY DUAL-FUELED VEHICLES.

    Section 400AA(a)(3)(E) of the Energy Policy and Conservation Act 
(42 U.S.C. 6374(a)(3)(E)) is amended to read as follows:
    ``(E)(i) Dual fueled vehicles acquired pursuant to this section 
shall be operated on alternative fuels unless the Secretary determines 
that an agency qualifies for a waiver of such requirement for vehicles 
operated by the agency in a particular geographic area in which--
            ``(I) the alternative fuel otherwise required to be used in 
        the vehicle is not reasonably available to retail purchasers of 
        the fuel, as certified to the Secretary by the head of the 
        agency; or
            ``(II) the cost of the alternative fuel otherwise required 
        to be used in the vehicle is unreasonably more expensive 
        compared to gasoline, as certified to the Secretary by the head 
        of the agency.
    ``(ii) The Secretary shall monitor compliance with this 
subparagraph by all such fleets and shall report annually to Congress 
on the extent to which the requirements of this subparagraph are being 
achieved. The report shall include information on annual reductions 
achieved from the use of petroleum-based fuels and the problems, if 
any, encountered in acquiring alternative fuels.''.

SEC. 704. INCREMENTAL COST ALLOCATION.

    Section 303(c) of the Energy Policy Act of 1992 (42 U.S.C. 
13212(c)) is amended by striking ``may'' and inserting ``shall''.

SEC. 705. LEASE CONDENSATES.

    (a) Lease Condensate Fuels.--Section 301 of the Energy Policy Act 
of 1992 (42 U.S.C. 13211) is amended--
            (1) in paragraph (2), by inserting ``mixtures containing 50 
        percent or more by volume of lease condensate or fuels 
        extracted from lease condensate;'' after ``liquefied petroleum 
        gas;'';
            (2) in paragraph (13), by striking ``and'' at the end;
            (3) in paragraph (14)--
                    (A) by inserting ``mixtures containing 50 percent 
                or more by volume of lease condensate or fuels 
                extracted from lease condensate,'' after ``liquefied 
                petroleum gas,''; and
                    (B) by striking the period and inserting ``; and'';
            (4) by adding at the end the following:
            ``(15) the term `lease condensate' means a mixture, 
        primarily of pentanes and heavier hydrocarbons, that is 
        recovered as a liquid from natural gas in lease separation 
        facilities.''.
    (b) Lease Condensate Use Credits.--
            (1) In general.--Title III of the Energy Policy Act of 1992 
        (42 U.S.C. 13211 et seq.) is amended by adding at the end the 
        following:

``SEC. 313. LEASE CONDENSATE USE CREDITS.

    ``(a) In General.--Subject to subsection (d), the Secretary shall 
allocate 1 credit under this section to a fleet or covered person for 
each qualifying volume of the lease condensate component of fuel 
containing at least 50 percent lease condensate, or fuels extracted 
from lease condensate, after the date of enactment of this section for 
use by the fleet or covered person in vehicles owned or operated by the 
fleet or covered person that weigh more than 8,500 pounds gross vehicle 
weight rating.
    ``(b) Requirements.--A credit allocated under this section--
            ``(1) shall be subject to the same exceptions, authority, 
        documentation, and use of credits that are specified for 
        qualifying volumes of biodiesel in section 312; and
            ``(2) shall not be considered a credit under section 508.
    ``(c) Regulation.--
            ``(1) In general.--Subject to subsection (d), not later 
        than January 1, 2006, after the collection of appropriate 
        information and data that consider usage options, uses in other 
        industries, products, or processes, potential volume 
        capacities, costs, air emissions, and fuel efficiencies, the 
        Secretary shall issue a regulation establishing requirements 
        and procedures for the implementation of this section.
            ``(2) Qualifying volume.--The regulation shall include a 
        determination of an appropriate qualifying volume for lease 
        condensate, except that in no case shall the Secretary 
        determine that the qualifying volume for lease condensate is 
        less than 1,125 gallons.
    ``(d) Applicability.--This section applies unless the Secretary 
finds that the use of lease condensate as an alternative fuel would 
adversely affect public health or safety or ambient air quality or the 
environment.''.
            (2) Table of contents amendment.--The table of contents of 
        the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is 
        amended by adding at the end of the items relating to title III 
        the following:

``Sec. 313. Lease condensate use credits.''.
    (c) Emergency Exemption.--Section 301 of the Energy Policy Act of 
1992 (42 U.S.C. 13211) is amended in paragraph (9)(E) by inserting 
before the semicolon at the end ``, including vehicles directly used in 
the emergency repair of transmission lines and in the restoration of 
electricity service following power outages, as determined by the 
Secretary''.

SEC. 706. REVIEW OF ENERGY POLICY ACT OF 1992 PROGRAMS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary of Energy shall complete a 
study to determine the effect that titles III, IV, and V of the Energy 
Policy Act of 1992 (42 U.S.C. 13211 et seq.) have had on--
            (1) the development of alternative fueled vehicle 
        technology;
            (2) the availability of that technology in the market; and
            (3) the cost of alternative fueled vehicles.
    (b) Topics.--As part of the study under subsection (a), the 
Secretary shall specifically identify--
            (1) the number of alternative fueled vehicles acquired by 
        fleets or covered persons required to acquire alternative 
        fueled vehicles;
            (2) the quantity, by type, of alternative fuel actually 
        used in alternative fueled vehicles acquired by fleets or 
        covered persons;
            (3) the quantity of petroleum displaced by the use of 
        alternative fuels in alternative fueled vehicles acquired by 
        fleets or covered persons;
            (4) the direct and indirect costs of compliance with 
        requirements under titles III, IV, and V of the Energy Policy 
        Act of 1992 (42 U.S.C. 13211 et seq.), including--
                    (A) vehicle acquisition requirements imposed on 
                fleets or covered persons;
                    (B) administrative and recordkeeping expenses;
                    (C) fuel and fuel infrastructure costs;
                    (D) associated training and employee expenses; and
                    (E) any other factors or expenses the Secretary 
                determines to be necessary to compile reliable 
                estimates of the overall costs and benefits of 
                complying with programs under those titles for fleets, 
                covered persons, and the national economy;
            (5) the existence of obstacles preventing compliance with 
        vehicle acquisition requirements and increased use of 
        alternative fuel in alternative fueled vehicles acquired by 
        fleets or covered persons; and
            (6) the projected impact of amendments to the Energy Policy 
        Act of 1992 made by this title.
    (c) Report.--Upon completion of the study under this section, the 
Secretary shall submit to Congress a report that describes the results 
of the study and includes any recommendations of the Secretary for 
legislative or administrative changes concerning the alternative fueled 
vehicle requirements under titles III, IV and V of the Energy Policy 
Act of 1992 (42 U.S.C. 13211 et seq.).

SEC. 707. REPORT CONCERNING COMPLIANCE WITH ALTERNATIVE FUELED VEHICLE 
              PURCHASING REQUIREMENTS.

    Section 310(b)(1) of the Energy Policy Act of 1992 (42 U.S.C. 
13218(b)(1)) is amended by striking ``1 year after the date of 
enactment of this subsection'' and inserting ``February 15, 2006''.

  Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

                        PART 1--HYBRID VEHICLES

SEC. 711. HYBRID VEHICLES.

    The Secretary of Energy shall accelerate efforts directed toward 
the improvement of batteries and other rechargeable energy storage 
systems, power electronics, hybrid systems integration, and other 
technologies for use in hybrid vehicles.

SEC. 712. HYBRID RETROFIT AND ELECTRIC CONVERSION PROGRAM.

    (a) Establishment.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary, shall establish 
a program for awarding grants on a competitive basis to entities for 
the installation of hybrid retrofit and electric conversion 
technologies for combustion engine vehicles.
    (b) Eligible Recipients.--A grant shall be awarded under this 
section only--
            (1) to a local or State governmental entity;
            (2) to a for-profit or nonprofit corporation or other 
        person; or
            (3) to 1 or more contracting entities that service 
        combustion engine vehicles for an entity described in paragraph 
        (1) or (2).
    (c) Awards.--
            (1) In general.--The Administrator shall seek, to the 
        maximum extent practicable, to ensure a broad geographic 
        distribution of grants under this section.
            (2) Preferences.--In making awards of grants under this 
        section, the Administrator shall give preference to proposals 
        that--
                    (A) will achieve the greatest reductions in 
                emissions per proposal or per vehicle; or
                    (B) involve the use of emissions control retrofit 
                or conversion technology.
    (d) Conditions of Grant.--A grant shall be provided under this 
section on the conditions that--
            (1) combustion engine vehicles on which hybrid retrofit or 
        conversion technology are to be demonstrated--
                    (A) with the retrofit or conversion technology 
                applied will achieve low-emission standards consistent 
                with the Voluntary National Low Emission Vehicle 
                Program for Light-Duty Vehicles and Light-Duty Trucks 
                (40 CFR Part 86) without model year restrictions; and
                    (B) will be used for a minimum of 3 years;
            (2) grant funds will be used for the purchase of hybrid 
        retrofit or conversion technology, including State taxes and 
        contract fees; and
            (3) grant recipients will provide at least 15 percent of 
        the total cost of the retrofit or conversion, including the 
        purchase of hybrid retrofit or conversion technology and all 
        necessary labor for installation of the retrofit or conversion.
    (e) Verification.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall publish in the Federal 
Register procedures to verify--
            (1) the hybrid retrofit or conversion technology to be 
        demonstrated; and
            (2) that grants are administered in accordance with this 
        section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended--
            (1) $20,000,000 for fiscal year 2005;
            (2) $35,000,000 for fiscal year 2006;
            (3) $45,000,000 for fiscal year 2007; and
            (4) such sums as are necessary for each of fiscal years 
        2008 and 2009.

SEC. 713. EFFICIENT HYBRID AND ADVANCED DIESEL VEHICLES.

    (a) Program.--The Administrator of the Environmental Protection 
Agency shall establish a program to encourage domestic production and 
sales of efficient hybrid and advanced diesel vehicles. The program 
shall include grants to domestic automobile manufacturers to--
            (1) encourage production of efficient hybrid and advanced 
        diesel vehicles; and
            (2) provide consumer incentives, including discounts and 
        rebates, for the purchase of efficient hybrid and advanced 
        diesel vehicles.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator of the Environmental Protection 
Agency for carrying out this section $300,000,000 for each of the 
fiscal years 2006 through 2015.

                       PART 2--ADVANCED VEHICLES

SEC. 721. DEFINITIONS.

    In this part:
            (1) Alternative fueled vehicle.--
                    (A) In general.--The term ``alternative fueled 
                vehicle'' means a vehicle propelled solely on an 
                alternative fuel (as defined in section 301 of the 
                Energy Policy Act of 1992 (42 U.S.C. 13211)).
                    (B) Exclusion.--The term ``alternative fueled 
                vehicle'' does not include a vehicle that the Secretary 
                determines, by regulation, does not yield substantial 
                environmental benefits over a vehicle operating solely 
                on gasoline or diesel derived from fossil fuels.
            (2) Fuel cell vehicle.--The term ``fuel cell vehicle'' 
        means a vehicle propelled by an electric motor powered by a 
        fuel cell system that converts chemical energy into electricity 
        by combining oxygen (from air) with hydrogen fuel that is 
        stored on the vehicle or is produced onboard by reformation of 
        a hydrocarbon fuel. Such fuel cell system may or may not 
        include the use of auxiliary energy storage systems to enhance 
        vehicle performance.
            (3) Hybrid vehicle.--The term ``hybrid vehicle'' means a 
        medium or heavy duty vehicle propelled by an internal 
        combustion engine or heat engine using any combustible fuel and 
        an onboard rechargeable energy storage device.
            (4) Neighborhood electric vehicle.--The term ``neighborhood 
        electric vehicle'' means a motor vehicle that--
                    (A) meets the definition of a low-speed vehicle (as 
                defined in part 571 of title 49, Code of Federal 
                Regulations);
                    (B) meets the definition of a zero-emission vehicle 
                (as defined in section 86.1702-99 of title 40, Code of 
                Federal Regulations);
                    (C) meets the requirements of Federal Motor Vehicle 
                Safety Standard No. 500; and
                    (D) has a maximum speed of not greater than 25 
                miles per hour.
            (5) Pilot program.--The term ``pilot program'' means the 
        competitive grant program established under section 722.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Ultra-low sulfur diesel vehicle.--The term ``ultra-low 
        sulfur diesel vehicle'' means a vehicle manufactured in any of 
        model years 2004 through 2006 powered by a heavy-duty diesel 
        engine that--
                    (A) is fueled by diesel fuel that contains sulfur 
                at not more than 15 parts per million; and
                    (B) emits not more than the lesser of--
                            (i) for vehicles 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; or
                            (ii) the quantity of emissions of 
                        nonmethane hydrocarbons, oxides of nitrogen, 
                        and particulate matter of the best-performing 
                        technology of ultra-low sulfur diesel vehicles 
                        of the same class and application that are 
                        commercially available.

SEC. 722. PILOT PROGRAM.

    (a) Establishment.--The Secretary, in consultation with the 
Secretary of Transportation, shall establish a competitive grant pilot 
program, to be administered through the Clean Cities Program of the 
Department of Energy, to provide not more than 30 geographically 
dispersed project 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.--A grant under this section may be used for the 
following purposes:
            (1) The acquisition of alternative fueled vehicles or fuel 
        cell vehicles, including--
                    (A) passenger vehicles (including neighborhood 
                electric vehicles); and
                    (B) motorized 2-wheel bicycles or other vehicles 
                for use by law enforcement personnel or other State or 
                local government or metropolitan transportation 
                authority employees.
            (2) The acquisition of alternative fueled vehicles, hybrid 
        vehicles, or fuel cell vehicles, including--
                    (A) buses used for public transportation or 
                transportation to and from schools;
                    (B) delivery vehicles for goods or services; and
                    (C) ground support vehicles at public airports 
                (including vehicles to carry baggage or push or pull 
                airplanes toward or away from terminal gates).
            (3) The acquisition of ultra-low sulfur diesel vehicles.
            (4) Installation or acquisition of infrastructure necessary 
        to directly support an alternative fueled vehicle, fuel cell 
        vehicle, or hybrid vehicle project funded by the grant, 
        including fueling and other support equipment.
            (5) Operation and maintenance of vehicles, infrastructure, 
        and equipment acquired as part of a project funded by the 
        grant.
    (c) Applications.--
            (1) Requirements.--
                    (A) In general.--The Secretary shall issue 
                requirements for applying for grants under the pilot 
                program.
                    (B) Minimum requirements.--At a minimum, the 
                Secretary shall require that an application for a 
                grant--
                            (i) be submitted by the head of a State or 
                        local government or a metropolitan 
                        transportation authority, or any combination 
                        thereof, and a registered participant in the 
                        Clean Cities Program of the Department of 
                        Energy; and
                            (ii) include--
                                    (I) a description of the project 
                                proposed in the application, including 
                                how the project meets the requirements 
                                of this part;
                                    (II) an estimate of the ridership 
                                or degree of use of the project;
                                    (III) an estimate of the air 
                                pollution emissions reduced and fossil 
                                fuel displaced as a result of the 
                                project, and a plan to collect and 
                                disseminate environmental data, related 
                                to the project to be funded under the 
                                grant, over the life of the project;
                                    (IV) a description of how the 
                                project will be sustainable without 
                                Federal assistance after the completion 
                                of the term of the grant;
                                    (V) a complete description of the 
                                costs of the project, including 
                                acquisition, construction, operation, 
                                and maintenance costs over the expected 
                                life of the project;
                                    (VI) a description of which costs 
                                of the project will be supported by 
                                Federal assistance under this part; and
                                    (VII) 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 project, 
                                and a commitment by the applicant to 
                                use such fuel in carrying out the 
                                project.
            (2) Partners.--An applicant under paragraph (1) may carry 
        out a project under the pilot program in partnership with 
        public and private entities.
    (d) Selection Criteria.--In evaluating applications under the pilot 
program, the Secretary shall--
            (1) consider each applicant's previous experience with 
        similar projects; and
            (2) give priority consideration to applications that--
                    (A) are most likely to maximize protection of the 
                environment;
                    (B) demonstrate the greatest commitment on the part 
                of the applicant to ensure funding for the proposed 
                project and the greatest likelihood that the project 
                will be maintained or expanded after Federal assistance 
                under this part is completed; and
                    (C) exceed the minimum requirements of subsection 
                (c)(1)(B)(ii).
    (e) Pilot Project Requirements.--
            (1) Maximum amount.--The Secretary shall not provide more 
        than $15,000,000 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 ensure a broad geographic 
        distribution of project sites.
            (5) Transfer of information and knowledge.--The Secretary 
        shall establish mechanisms to ensure that the information and 
        knowledge gained by participants in the pilot program are 
        transferred among the pilot program participants and to other 
        interested parties, including other applicants that submitted 
        applications.
    (f) Schedule.--
            (1) Publication.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register, Commerce Business Daily, and elsewhere as 
        appropriate, a request for applications to undertake projects 
        under the pilot program. Applications shall be due not later 
        than 180 days after the date of publication of the notice.
            (2) Selection.--Not later than 180 days after the date by 
        which applications for grants are due, the Secretary shall 
        select by competitive, peer reviewed proposal, 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 
nor more than 25 percent of the grant funding made available under this 
section for the acquisition of ultra-low sulfur diesel vehicles.

SEC. 723. REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 60 days after the date on which 
grants are awarded under this part, the Secretary shall submit to 
Congress 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 submit to Congress a report containing an evaluation of 
the effectiveness of the pilot program, including--
            (1) an assessment of the benefits to the environment 
        derived from the projects included in the pilot program; and
            (2) an estimate of the potential benefits to the 
        environment to be derived from widespread application of 
        alternative fueled vehicles and ultra-low sulfur diesel 
        vehicles.

SEC. 724. AUTHORIZATION OF APPROPRIATIONS.

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

                        PART 3--FUEL CELL BUSES

SEC. 731. FUEL CELL TRANSIT BUS DEMONSTRATION.

    (a) In General.--The Secretary of Energy, in consultation with the 
Secretary of Transportation, shall establish a transit bus 
demonstration program to make competitive, merit-based awards for 5-
year projects to demonstrate not more than 25 fuel cell transit buses 
(and necessary infrastructure) in 5 geographically dispersed 
localities.
    (b) Preference.--In selecting projects under this section, the 
Secretary of Energy shall give preference to projects that are most 
likely to mitigate congestion and improve air quality.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$10,000,000 for each of fiscal years 2006 through 2010.

                     Subtitle C--Clean School Buses

SEC. 741. DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Alternative fuel.--The term ``alternative fuel'' means 
        liquefied natural gas, compressed natural gas, liquefied 
        petroleum gas, hydrogen, propane, or methanol or ethanol at no 
        less than 85 percent by volume.
            (3) Alternative fuel school bus.--The term ``alternative 
        fuel school bus'' means a school bus that meets all of the 
        requirements of this subtitle and is operated solely on an 
        alternative fuel.
            (4) Emissions control retrofit technology.--The term 
        ``emissions control retrofit technology'' means a particulate 
        filter or other emissions control equipment that is verified or 
        certified by the Administrator or the California Air Resources 
        Board as an effective emission reduction technology when 
        installed on an existing school bus.
            (5) Idling.--The term ``idling'' means operating an engine 
        while remaining stationary for more than approximately 15 
        minutes, except that the term does not apply to routine 
        stoppages associated with traffic movement or congestion.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Ultra-low sulfur diesel fuel.--The term ``ultra-low 
        sulfur diesel fuel'' means diesel fuel that contains sulfur at 
        not more than 15 parts per million.
            (8) Ultra-low sulfur diesel fuel school bus.--The term 
        ``ultra-low sulfur diesel fuel school bus'' means a school bus 
        that meets all of the requirements of this subtitle and is 
        operated solely on ultra-low sulfur diesel fuel.

SEC. 742. PROGRAM FOR REPLACEMENT OF CERTAIN SCHOOL BUSES WITH CLEAN 
              SCHOOL BUSES.

    (a) Establishment.--The Administrator, in consultation with the 
Secretary and other appropriate Federal departments and agencies, shall 
establish a program for awarding grants on a competitive basis to 
eligible entities for the replacement of existing school buses 
manufactured before model year 1991 with alternative fuel school buses 
and ultra-low sulfur diesel fuel school buses.
    (b) Requirements.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator 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 
        instructions for the submission of grant applications and 
        certification requirements to ensure compliance with this 
        subtitle.
            (2) Application deadlines.--The requirements established 
        under paragraph (1) shall require submission of grant 
        applications not later than--
                    (A) in the case of the first year of program 
                implementation, the date that is 180 days after the 
                publication of the requirements in the Federal 
                Register; and
                    (B) in the case of each subsequent year, June 1 of 
                the year.
    (c) Eligible Recipients.--A grant shall be awarded under this 
section only--
            (1) to 1 or more local or State governmental entities 
        responsible for providing school bus service to 1 or more 
        public school systems or responsible for the purchase of school 
        buses;
            (2) to 1 or more contracting entities that provide school 
        bus service to 1 or more public school systems, if the grant 
        application is submitted jointly with the 1 or more school 
        systems to be served by the buses, except that the application 
        may provide that buses purchased using funds awarded shall be 
        owned, operated, and maintained exclusively by the 1 or more 
        contracting entities; or
            (3) to a nonprofit school transportation association 
        representing private contracting entities, if the association 
        has notified and received approval from the 1 or more school 
        systems to be served by the buses.
    (d) Award Deadlines.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator shall award a grant made to a qualified applicant 
        for a fiscal year--
                    (A) in the case of the first fiscal year of program 
                implementation, not later than the date that is 90 days 
                after the application deadline established under 
                subsection (b)(2); and
                    (B) in the case of each subsequent fiscal year, not 
                later than August 1 of the fiscal year.
            (2) Insufficient number of qualified grant applications.--
        If the Administrator does not receive a sufficient number of 
        qualified grant applications to meet the requirements of 
        subsection (i)(1) for a fiscal year, the Administrator shall 
        award a grant made to a qualified applicant under subsection 
        (i)(2) not later than September 30 of the fiscal year.
    (e) Types of Grants.--
            (1) In general.--A grant under this section shall be used 
        for the replacement of school buses manufactured before model 
        year 1991 with alternative fuel school buses and ultra-low 
        sulfur diesel fuel school buses.
            (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 Administrator 
        shall give priority to applicants that propose to replace 
        school buses manufactured before model year 1977.
    (f) Conditions of Grant.--A grant provided under this section shall 
include the following conditions:
            (1) School bus fleet.--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) Use of funds.--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 fuel school buses, including 
                State taxes and contract fees associated with the 
                acquisition of such buses; and
                    (B) to provide--
                            (i) up to 20 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 25 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) Grant recipient funds.--The grant recipient shall be 
        required to provide at least--
                    (A) in the case of a grant recipient described in 
                paragraph (1) or (3) of subsection (c), the lesser of--
                            (i) an amount equal to 15 percent of the 
                        total cost of each bus received; or
                            (ii) $15,000 per bus; and
                    (B) in the case of a grant recipient described in 
                subsection (c)(2), the lesser of--
                            (i) an amount equal to 20 percent of the 
                        total cost of each bus received; or
                            (ii) $20,000 per bus.
            (4) Ultra-low sulfur diesel fuel.--In the case of a grant 
        recipient receiving a grant for ultra-low sulfur diesel fuel 
        school buses, the grant recipient shall be required to provide 
        documentation to the satisfaction of the Administrator 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.
            (5) Timing.--All alternative fuel school buses, ultra-low 
        sulfur diesel fuel school buses, or alternative fuel 
        infrastructure acquired under a grant awarded under this 
        section shall be purchased and placed in service as soon as 
        practicable.
    (g) Buses.--
            (1) In general.--Except as provided in paragraph (2), 
        funding under a grant made under this section for the 
        acquisition of new alternative fuel school buses or ultra-low 
        sulfur diesel fuel school buses shall only be used to acquire 
        school buses--
                    (A) with a gross vehicle weight of greater than 
                14,000 pounds;
                    (B) that are powered by a heavy duty engine;
                    (C) in the case of alternative fuel school buses 
                manufactured in model years 2004 through 2006, that 
                emit not more than 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
                    (D) in the case of ultra-low sulfur diesel fuel 
                school buses manufactured in model years 2004 through 
                2006, that emit not more than 2.5 grams per brake 
                horsepower-hour of nonmethane hydrocarbons and oxides 
                of nitrogen and .01 grams per brake horsepower-hour of 
                particulate matter.
            (2) Limitations.--A bus shall not be acquired under this 
        section that emits nonmethane hydrocarbons, oxides of nitrogen, 
        or particulate matter at a rate greater than the best 
        performing technology of the same class of ultra-low sulfur 
        diesel fuel school buses commercially available at the time the 
        grant is made.
    (h) Deployment and Distribution.--The Administrator shall--
            (1) seek, to the maximum extent practicable, to achieve 
        nationwide deployment of alternative fuel school buses and 
        ultra-low sulfur diesel fuel school buses through the program 
        under this section; and
            (2) 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) Allocation of Funds.--
            (1) In general.--Subject to paragraph (2), of the amount of 
        grant funding made available to carry out this section for any 
        fiscal year, the Administrator shall use--
                    (A) 70 percent for the acquisition of alternative 
                fuel school buses or supporting infrastructure; and
                    (B) 30 percent for the acquisition of ultra-low 
                sulfur diesel fuel school buses.
            (2) Insufficient number of qualified grant applications.--
        After the first fiscal year in which this program is in effect, 
        if the Administrator does not receive a sufficient number of 
        qualified grant applications to meet the requirements of 
        subparagraph (A) or (B) of paragraph (1) for a fiscal year, 
        effective beginning on August 1 of the fiscal year, the 
        Administrator shall make the remaining funds available to other 
        qualified grant applicants under this section.
    (j) Reduction of School Bus Idling.--Each local educational agency 
(as defined in section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801)) that receives Federal funds under the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
is encouraged to develop a policy, consistent with the health, safety, 
and welfare of students and the proper operation and maintenance of 
school buses, to reduce the incidence of unnecessary school bus idling 
at schools when picking up and unloading students.
    (k) Annual Report.--
            (1) In general.--Not later than January 31 of each year, 
        the Administrator shall transmit to Congress a report 
        evaluating implementation of the programs under this section 
        and section 743.
            (2) Components.--The reports shall include a description 
        of--
                    (A) the total number of grant applications 
                received;
                    (B) the number and types of alternative fuel school 
                buses, ultra-low sulfur diesel fuel school buses, and 
                retrofitted buses requested in grant applications;
                    (C) grants awarded and the criteria used to select 
                the grant recipients;
                    (D) certified engine emission levels of all buses 
                purchased or retrofitted under the programs under this 
                section and section 743;
                    (E) an evaluation of the in-use emission level of 
                buses purchased or retrofitted under the programs under 
                this section and section 743; and
                    (F) any other information the Administrator 
                considers appropriate.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended--
            (1) $45,000,000 for fiscal year 2005;
            (2) $65,000,000 for fiscal year 2006;
            (3) $90,000,000 for fiscal year 2007; and
            (4) such sums as are necessary for each of fiscal years 
        2008 and 2009.

SEC. 743. DIESEL RETROFIT PROGRAM.

    (a) Establishment.--The Administrator, in consultation with the 
Secretary, shall establish a program for awarding grants on a 
competitive basis to entities for the installation of retrofit 
technologies for diesel school buses.
    (b) Eligible Recipients.--A grant shall be awarded under this 
section only--
            (1) to a local or State governmental entity responsible for 
        providing school bus service to 1 or more public school 
        systems;
            (2) to 1 or more contracting entities that provide school 
        bus service to 1 or more public school systems, if the grant 
        application is submitted jointly with the 1 or more school 
        systems that the buses will serve, except that the application 
        may provide that buses purchased using funds awarded shall be 
        owned, operated, and maintained exclusively by the 1 or more 
        contracting entities; or
            (3) to a nonprofit school transportation association 
        representing private contracting entities, if the association 
        has notified and received approval from the 1 or more school 
        systems to be served by the buses.
    (c) Awards.--
            (1) In general.--The Administrator shall seek, to the 
        maximum extent practicable, to ensure a broad geographic 
        distribution of grants under this section.
            (2) Preferences.--In making awards of grants under this 
        section, the Administrator shall give preference to proposals 
        that--
                    (A) will achieve the greatest reductions in 
                emissions of nonmethane hydrocarbons, oxides of 
                nitrogen, or particulate matter per proposal or per 
                bus; or
                    (B) involve the use of emissions control retrofit 
                technology on diesel school buses that operate solely 
                on ultra-low sulfur diesel fuel.
    (d) Conditions of Grant.--A grant shall be provided under this 
section on the conditions that--
            (1) buses on which retrofit emissions-control technology 
        are to be demonstrated--
                    (A) will operate on ultra-low sulfur diesel fuel 
                where such fuel is reasonably available or required for 
                sale by State or local law or regulation;
                    (B) were manufactured in model year 1991 or later; 
                and
                    (C) will be used for the transportation of school 
                children to and from school for a minimum of 5 years;
            (2) grant funds will be used for the purchase of emission 
        control retrofit technology, including State taxes and contract 
        fees; and
            (3) grant recipients will provide at least 15 percent of 
        the total cost of the retrofit, including the purchase of 
        emission control retrofit technology and all necessary labor 
        for installation of the retrofit.
    (e) Verification.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall publish in the Federal 
Register procedures to verify--
            (1) the retrofit emissions-control technology to be 
        demonstrated;
            (2) that buses powered by ultra-low sulfur diesel fuel on 
        which retrofit emissions-control technology are to be 
        demonstrated will operate on diesel fuel containing not more 
        than 15 parts per million of sulfur; and
            (3) that grants are administered in accordance with this 
        section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended--
            (1) $20,000,000 for fiscal year 2005;
            (2) $35,000,000 for fiscal year 2006;
            (3) $45,000,000 for fiscal year 2007; and
            (4) such sums as are necessary for each of fiscal years 
        2008 and 2009.

SEC. 743A. DIESEL TRUCK RETROFIT AND FLEET MODERNIZATION PROGRAM.

    (a) Establishment.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of Energy, shall 
establish a program for awarding grants on a competitive basis to 
public agencies and entities for fleet modernization programs including 
installation of retrofit technologies for diesel trucks.
    (b) Eligible Recipients.--A grant shall be awarded under this 
section only to a State or local government or an agency or 
instrumentality of a State or local government or of two or more State 
or local governments who will allocate funds, with preference to ports 
and other major hauling operations.
    (c) Awards.--
            (1) In general.--The Administrator shall seek, to the 
        maximum extent practicable, to ensure a broad geographic 
        distribution of grants under this section.
            (2) Preferences.--In making awards of grants under this 
        section, the Administrator shall give preference to proposals 
        that--
                    (A) will achieve the greatest reductions in 
                emissions of nonmethane hydrocarbons, oxides of 
                nitrogen, and/or particulate matter per proposal or per 
                truck; or
                    (B) involve the use of Environmental Protection 
                Agency or California Air Resources Board verified 
                emissions control retrofit technology on diesel trucks 
                that operate solely on ultra-low sulfur diesel fuel 
                after September 2006.
    (d) Conditions of Grant.--A grant shall be provided under this 
section on the conditions that--
            (1) trucks which are replacing scrapped trucks and on which 
        retrofit emissions-control technology are to be demonstrated--
                    (A) will operate on ultra-low sulfur diesel fuel 
                where such fuel is reasonably available or required for 
                sale by State or local law or regulation;
                    (B) were manufactured in model year 1998 and 
                before; and
                    (C) will be used for the transportation of cargo 
                goods especially in port areas or used in goods 
                movement and major hauling operations;
            (2) grant funds will be used for the purchase of emission 
        control retrofit technology, including State taxes and contract 
        fees; and
            (3) grant recipients will provide at least 5 percent of the 
        total cost of the retrofit, including the purchase of emission 
        control retrofit technology and all necessary labor for 
        installation of the retrofit, from any source other than this 
        section.
    (e) Verification.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall publish in the Federal 
Register procedures to--
            (1) make grants pursuant to this section;
            (2) verify that trucks powered by ultra-low sulfur diesel 
        fuel on which retrofit emissions-control technology are to be 
        demonstrated will operate on diesel fuel containing not more 
        than 15 parts per million of sulfur after September 2006; and
            (3) verify that grants are administered in accordance with 
        this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section, to remain 
available until expended the following sums:
            (1) $20,000,000 for fiscal year 2005.
            (2) $35,000,000 for fiscal year 2006.
            (3) $45,000,000 for fiscal year 2007.
            (4) Such sums as are necessary for each of fiscal years 
        2008 and 2009.

SEC. 744. FUEL CELL SCHOOL BUSES.

    (a) Establishment.--The Secretary shall establish a program for 
entering into cooperative agreements--
            (1) with private sector fuel cell bus developers for the 
        development of fuel cell-powered school buses; and
            (2) 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) Reports to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall transmit to Congress 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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $25,000,000 for 
the period of fiscal years 2005 through 2007.

                       Subtitle D--Miscellaneous

SEC. 751. RAILROAD EFFICIENCY.

    (a) Establishment.--The Secretary of Energy shall, in cooperation 
with the Secretary of Transportation and the Administrator of the 
Environmental Protection Agency, establish a cost-shared, public-
private research partnership involving the Federal Government, railroad 
carriers, locomotive manufacturers and equipment suppliers, and the 
Association of American Railroads, to develop and demonstrate railroad 
locomotive technologies that increase fuel economy, reduce emissions, 
and lower costs of operation.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section--
            (1) $25,000,000 for fiscal year 2006;
            (2) $35,000,000 for fiscal year 2007; and
            (3) $50,000,000 for fiscal year 2008.

SEC. 752. MOBILE EMISSION REDUCTIONS TRADING AND CREDITING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall submit to Congress a report on the experience 
of the Administrator with the trading of mobile source emission 
reduction credits for use by owners and operators of stationary source 
emission sources to meet emission offset requirements within a 
nonattainment area.
    (b) Contents.--The report shall describe--
            (1) projects approved by the Administrator that include the 
        trading of mobile source emission reduction credits for use by 
        stationary sources in complying with offset requirements, 
        including a description of--
                    (A) project and stationary sources location;
                    (B) volumes of emissions offset and traded;
                    (C) the sources of mobile emission reduction 
                credits; and
                    (D) if available, the cost of the credits;
            (2) the significant issues identified by the Administrator 
        in consideration and approval of trading in the projects;
            (3) the requirements for monitoring and assessing the air 
        quality benefits of any approved project;
            (4) the statutory authority on which the Administrator has 
        based approval of the projects;
            (5) an evaluation of how the resolution of issues in 
        approved projects could be used in other projects; and
            (6) any other issues that the Administrator considers 
        relevant to the trading and generation of mobile source 
        emission reduction credits for use by stationary sources or for 
        other purposes.

SEC. 753. AVIATION FUEL CONSERVATION AND EMISSIONS.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
and the Administrator of the Environmental Protection Agency shall 
jointly initiate a study to identify--
            (1) the impact of aircraft emissions on air quality in 
        nonattainment areas;
            (2) ways to promote fuel conservation measures for aviation 
        to enhance fuel efficiency and reduce emissions; and
            (3) opportunities to reduce air traffic inefficiencies that 
        increase fuel burn and emissions.
    (b) Focus.--The study under subsection (a) shall focus on how air 
traffic management inefficiencies, such as aircraft idling at airports, 
result in unnecessary fuel burn and air emissions.
    (c) Report.--Not later than 1 year after the date of the initiation 
of the study under subsection (a), the Administrator of the Federal 
Aviation Administration and the Administrator of the Environmental 
Protection Agency shall jointly submit to the Committee on Energy and 
Commerce and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and Transportation of the 
Senate a report that--
            (1) describes the results of the study; and
            (2) includes any recommendations on ways in which 
        unnecessary fuel use and emissions affecting air quality may be 
        reduced--
                    (A) without adversely affecting safety and security 
                and increasing individual aircraft noise; and
                    (B) while taking into account all aircraft 
                emissions and the impact of those emissions on the 
                human health.
    (d) Risk Assessments.--Any assessment of risk to human health and 
the environment prepared by the Administrator of the Federal Aviation 
Administration or the Administrator of the Environmental Protection 
Agency to support the report in this section shall be based on sound 
and objective scientific practices, shall consider the best available 
science, and shall present the weight of the scientific evidence 
concerning such risks.

SEC. 754. DIESEL FUELED VEHICLES.

    (a) Definition of Tier 2 Emission Standards.--In this section, the 
term ``tier 2 emission standards'' means the motor vehicle emission 
standards that apply to passenger cars, light trucks, and larger 
passenger vehicles manufactured after the 2003 model year, as issued on 
February 10, 2000, by the Administrator of the Environmental Protection 
Agency under sections 202 and 211 of the Clean Air Act (42 U.S.C. 7521, 
7545).
    (b) Diesel Combustion and After-Treatment Technologies.--The 
Secretary of Energy shall accelerate efforts to improve diesel 
combustion and after-treatment technologies for use in diesel fueled 
motor vehicles.
    (c) Goals.--The Secretary shall carry out subsection (b) with a 
view toward achieving the following goals:
            (1) Developing and demonstrating diesel technologies that, 
        not later than 2010, meet the following standards:
                    (A) Tier 2 emission standards.
                    (B) The heavy-duty emissions standards of 2007 that 
                are applicable to heavy-duty vehicles under regulations 
                issued by the Administrator of the Environmental 
                Protection Agency as of the date of enactment of this 
                Act.
            (2) Developing the next generation of low-emission, high 
        efficiency diesel engine technologies, including homogeneous 
        charge compression ignition technology.

SEC. 755. CONSERVE BY BICYCLING PROGRAM.

    (a) Definitions.--In this section:
            (1) Program.--The term ``program'' means the Conserve by 
        Bicycling Program established by subsection (b).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Establishment.--There is established within the Department of 
Transportation a program to be known as the ``Conserve by Bicycling 
Program''.
    (c) Projects.--
            (1) In general.--In carrying out the program, the Secretary 
        shall establish not more than 10 pilot projects that are--
                    (A) dispersed geographically throughout the United 
                States; and
                    (B) designed to conserve energy resources by 
                encouraging the use of bicycles in place of motor 
                vehicles.
            (2) Requirements.--A pilot project described in paragraph 
        (1) shall--
                    (A) use education and marketing to convert motor 
                vehicle trips to bicycle trips;
                    (B) document project results and energy savings (in 
                estimated units of energy conserved);
                    (C) facilitate partnerships among interested 
                parties in at least 2 of the fields of--
                            (i) transportation;
                            (ii) law enforcement;
                            (iii) education;
                            (iv) public health;
                            (v) environment; and
                            (vi) energy;
                    (D) maximize bicycle facility investments;
                    (E) demonstrate methods that may be used in other 
                regions of the United States; and
                    (F) facilitate the continuation of ongoing programs 
                that are sustained by local resources.
            (3) Cost sharing.--At least 20 percent of the cost of each 
        pilot project described in paragraph (1) shall be provided from 
        State or local sources.
    (d) Energy and Bicycling Research Study.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the National Academy of Sciences for, and the 
        National Academy of Sciences shall conduct and submit to 
        Congress a report on, a study on the feasibility of converting 
        motor vehicle trips to bicycle trips.
            (2) Components.--The study shall--
                    (A) document the results or progress of the pilot 
                projects under subsection (c);
                    (B) determine the type and duration of motor 
                vehicle trips that people in the United States may 
                feasibly make by bicycle, taking into consideration 
                factors such as--
                            (i) weather;
                            (ii) land use and traffic patterns;
                            (iii) the carrying capacity of bicycles; 
                        and
                            (iv) bicycle infrastructure;
                    (C) determine any energy savings that would result 
                from the conversion of motor vehicle trips to bicycle 
                trips;
                    (D) include a cost-benefit analysis of bicycle 
                infrastructure investments; and
                    (E) include a description of any factors that would 
                encourage more motor vehicle trips to be replaced with 
                bicycle trips.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $6,200,000, to remain available 
until expended, of which--
            (1) $5,150,000 shall be used to carry out pilot projects 
        described in subsection (c);
            (2) $300,000 shall be used by the Secretary to coordinate, 
        publicize, and disseminate the results of the program; and
            (3) $750,000 shall be used to carry out subsection (d).

SEC. 756. REDUCTION OF ENGINE IDLING OF HEAVY-DUTY VEHICLES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advanced truck stop electrification system.--The term 
        ``advanced truck stop electrification system'' means a 
        stationary system that delivers heat, air conditioning, 
        electricity, or communications, and is capable of providing 
        verifiable and auditable evidence of use of those services, to 
        a heavy-duty vehicle and any occupants of the heavy-duty 
        vehicle with or without relying on components mounted onboard 
        the heavy-duty vehicle for delivery of those services.
            (3) Auxiliary power unit.--The term ``auxiliary power 
        unit'' means an integrated system that--
                    (A) provides heat, air conditioning, engine 
                warming, or electricity to components on a heavy-duty 
                vehicle; and
                    (B) is certified by the Administrator under part 89 
                of title 40, Code of Federal Regulations (or any 
                successor regulation), as meeting applicable emission 
                standards.
            (4) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' 
        means a vehicle that--
                    (A) has a gross vehicle weight rating greater than 
                8,500 pounds; and
                    (B) is powered by a diesel engine.
            (5) Idle reduction technology.--The term ``idle reduction 
        technology'' means an advanced truck stop electrification 
        system, auxiliary power unit, or other device or system of 
        devices that--
                    (A) is used to reduce long-duration idling of a 
                heavy-duty vehicle; and
                    (B) allows for the main drive engine or auxiliary 
                refrigeration engine of a heavy-duty vehicle to be shut 
                down.
            (6) Energy conservation technology.--the term ``energy 
        conservation technology'' means any device, system of devices, 
        or equipment that improves the fuel economy of a heavy-duty 
        vehicle.
            (7) Long-duration idling.--
                    (A) In general.--The term ``long-duration idling'' 
                means the operation of a main drive engine or auxiliary 
                refrigeration engine of a heavy-duty vehicle, for a 
                period greater than 15 consecutive minutes, at a time 
                at which the main drive engine is not engaged in gear.
                    (B) Exclusions.--The term ``long-duration idling'' 
                does not include the operation of a main drive engine 
                or auxiliary refrigeration engine of a heavy-duty 
                vehicle during a routine stoppage associated with 
                traffic movement or congestion.
    (b) Idle Reduction Technology Benefits, Programs, and Studies.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall--
                    (A)(i) commence a review of the mobile source air 
                emission models of the Environmental Protection Agency 
                used under the Clean Air Act (42 U.S.C. 7401 et seq.) 
                to determine whether the models accurately reflect the 
                emissions resulting from long-duration idling of heavy-
                duty vehicles and other vehicles and engines; and
                    (ii) update those models as the Administrator 
                determines to be appropriate; and
                    (B)(i) commence a review of the emission reductions 
                achieved by the use of idle reduction technology; and
                    (ii) complete such revisions of the regulations and 
                guidance of the Environmental Protection Agency as the 
                Administrator determines to be appropriate.
            (2) Deadline for completion.--Not later than 180 days after 
        the date of enactment of this Act, the Administrator shall--
                    (A) complete the reviews under subparagraphs (A)(i) 
                and (B)(i) of paragraph (1); and
                    (B) prepare and make publicly available 1 or more 
                reports on the results of the reviews.
            (3) Discretionary inclusions.--The reviews under 
        subparagraphs (A)(i) and (B)(i) of paragraph (1) and the 
        reports under paragraph (2)(B) may address the potential fuel 
        savings resulting from use of idle reduction technology.
            (4) Idle reduction and energy conservation deployment 
        program.--
                    (A) Establishment.--
                            (i) In general.--Not later than 90 days 
                        after the date of enactment of this Act, the 
                        Administrator, in consultation with the 
                        Secretary of Transportation shall, through the 
                        Environmental Protection Agency's SmartWay 
                        Transport Partnership, establish a program to 
                        support deployment of idle reduction and energy 
                        conservation technologies .
                            (ii) Priority.--The Administrator shall 
                        give priority to the deployment of idle 
                        reduction and energy conservation technologies 
                        based on the costs and beneficial effects on 
                        air quality and ability to lessen the emission 
                        of criteria air pollutants.
                    (B) Funding.--
                            (i) Authorization of appropriations.--There 
                        are authorized to be appropriated to the 
                        Administrator to carry out subparagraph (A) 
                        $19,500,000 for fiscal year 2006, $30,000,000 
                        for fiscal year 2007, and $45,000,000 for 
                        fiscal year 2008.
                            (ii) Cost sharing.--Subject to clause 
                        (iii), the Administrator shall require at least 
                        50 percent of the costs directly and 
                        specifically related to any project under this 
                        section to be provided from non-Federal 
                        sources.
                            (iii) Necessary and appropriate 
                        reductions.--The Administrator may reduce the 
                        non-Federal requirement under clause (ii) if 
                        the Administrator determines that the reduction 
                        is necessary and appropriate to meet the 
                        objectives of this section.
            (5) Idling location study.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Administrator, in 
                consultation with the Secretary of Transportation, 
                shall commence a study to analyze all locations at 
                which heavy-duty vehicles stop for long-duration 
                idling, including--
                            (i) truck stops;
                            (ii) rest areas;
                            (iii) border crossings;
                            (iv) ports;
                            (v) transfer facilities; and
                            (vi) private terminals.
                    (B) Deadline for completion.--Not later than 180 
                days after the date of enactment of this Act, the 
                Administrator shall--
                            (i) complete the study under subparagraph 
                        (A); and
                            (ii) prepare and make publicly available 1 
                        or more reports of the results of the study.
    (c) Vehicle Weight Exemption.--Section 127(a) of title 23, United 
States Code, is amended--
            (1) by designating the first through eleventh sentences as 
        paragraphs (1) through (11), respectively; and
            (2) by adding at the end the following:
            ``(12) Heavy duty vehicles.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), in order to promote reduction of fuel use and 
                emissions because of engine idling, the maximum gross 
                vehicle weight limit and the axle weight limit for any 
                heavy-duty vehicle equipped with an idle reduction 
                technology shall be increased by a quantity necessary 
                to compensate for the additional weight of the idle 
                reduction system.
                    ``(B) Maximum weight increase.--The weight increase 
                under subparagraph (A) shall be not greater than 400 
                pounds.
                    ``(C) Proof.--On request by a regulatory agency or 
                law enforcement agency, the vehicle operator shall 
                provide proof (through demonstration or certification) 
                that--
                            ``(i) the idle reduction technology is 
                        fully functional at all times; and
                            ``(ii) the 400-pound gross weight increase 
                        is not used for any purpose other than the use 
                        of idle reduction technology described in 
                        subparagraph (A).''.
    (d) Report.--Not later than 60 days after the date on which funds 
are initially awarded under this section, and on an annual basis 
thereafter, the Administrator shall submit to Congress a report 
containing--
            (1) an identification of the grant recipients, a 
        description of the projects to be funded and the amount of 
        funding provided; and
            (2) an identification of all other applicants that 
        submitted applications under the program.

SEC. 757. BIODIESEL ENGINE TESTING PROGRAM.

    (a) In General.--Not later that 180 days after the date of 
enactment of this Act, the Secretary shall initiate a partnership with 
diesel engine, diesel fuel injection system, and diesel vehicle 
manufacturers and diesel and biodiesel fuel providers, to include 
biodiesel testing in advanced diesel engine and fuel system technology.
    (b) Scope.--The program shall provide for testing to determine the 
impact of biodiesel from different sources on current and future 
emission control technologies, with emphasis on--
            (1) the impact of biodiesel on emissions warranty, in-use 
        liability, and antitampering provisions;
            (2) the impact of long-term use of biodiesel on engine 
        operations;
            (3) the options for optimizing these technologies for both 
        emissions and performance when switching between biodiesel and 
        diesel fuel; and
            (4) the impact of using biodiesel in these fueling systems 
        and engines when used as a blend with 2006 Environmental 
        Protection Agency-mandated diesel fuel containing a maximum of 
        15-parts-per-million sulfur content.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall provide an interim report to Congress on 
the findings of the program, including a comprehensive analysis of 
impacts from biodiesel on engine operation for both existing and 
expected future diesel technologies, and recommendations for ensuring 
optimal emissions reductions and engine performance with biodiesel.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.
    (e) Definition.--For purposes of this section, the term 
``biodiesel'' means a diesel fuel substitute produced from nonpetroleum 
renewable resources that meets the registration requirements for fuels 
and fuel additives established by the Environmental Protection Agency 
under section 211 of the Clean Air Act (42 U.S.C. 7545) and that meets 
the American Society for Testing and Materials D6751-02a Standard 
Specification for Biodiesel Fuel (B100) Blend Stock for Distillate 
Fuels.

SEC. 758. HIGH OCCUPANCY VEHICLE EXCEPTION.

    Notwithstanding section 102(a) of title 23, United States Code, a 
State may permit a vehicle with fewer than 2 occupants to operate in 
high occupancy vehicle lanes if the vehicle--
            (1) is a dedicated vehicle (as defined in section 301 of 
        the Energy Policy Act of 1992 (42 U.S. 13211)); or
            (2) is a hybrid vehicle (as defined by the State for the 
        purpose of this section).

SEC. 759. ULTRA-EFFICIENT ENGINE TECHNOLOGY FOR AIRCRAFT.

    (a) Ultra-Efficient Engine Technology Partnership.--The Secretary 
of Energy shall enter into a cooperative agreement with the National 
Aeronautics and Space Administration for the development of ultra-
efficient engine technology for aircraft.
    (b) Performance Objective.--The Secretary of Energy shall establish 
the following performance objectives for the program set forth in 
subsection (a):
            (1) A fuel efficiency increase of 10 percent.
            (2) A reduction in the impact of landing and takeoff 
        nitrogen oxides emissions on local air quality of 70 percent.
    (c) Authorization of Appropriations .--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$45,000,000 for each of the fiscal years 2006, 2007, 2008, 2009, and 
2010.

                   Subtitle E--Automobile Efficiency

SEC. 771. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION AND 
              ENFORCEMENT OF FUEL ECONOMY STANDARDS.

    In addition to any other funds authorized by law, there are 
authorized to be appropriated to the National Highway Traffic Safety 
Administration to carry out its obligations with respect to average 
fuel economy standards $2,000,000 for each of fiscal years 2006 through 
2010.

SEC. 772. REVISED CONSIDERATIONS FOR DECISIONS ON MAXIMUM FEASIBLE 
              AVERAGE FUEL ECONOMY.

    Section 32902(f) of title 49, United States Code, is amended to 
read as follows:
    ``(f) Considerations for Decisions on Maximum Feasible Average Fuel 
Economy.--When deciding maximum feasible average fuel economy under 
this section, the Secretary of Transportation shall consider the 
following matters:
            ``(1) Technological feasibility.
            ``(2) Economic practicability.
            ``(3) The effect of other motor vehicle standards of the 
        Government on fuel economy.
            ``(4) The need of the United States to conserve energy.
            ``(5) The effects of fuel economy standards on passenger 
        automobiles, nonpassenger automobiles, and occupant safety.
            ``(6) The effects of compliance with average fuel economy 
        standards on levels of automobile industry employment in the 
        United States.''.

SEC. 773. EXTENSION OF MAXIMUM FUEL ECONOMY INCREASE FOR ALTERNATIVE 
              FUELED VEHICLES.

    (a) Manufacturing Incentives.--Section 32905 of title 49, United 
States Code, is amended--
            (1) in each of subsections (b) and (d), by striking ``1993-
        2004'' and inserting ``1993-2010'';
            (2) in subsection (f), by striking ``2001'' and inserting 
        ``2007''; and
            (3) in subsection (f)(1), by striking ``2004'' and 
        inserting ``2010''.
    (b) Maximum Fuel Economy Increase.--Subsection (a)(1) of section 
32906 of title 49, United States Code, is amended--
            (1) in subparagraph (A), by striking ``the model years 
        1993-2004'' and inserting ``model years 1993-2010''; and
            (2) in subparagraph (B), by striking ``the model years 
        2005-2008'' and inserting ``model years 2011-2014''.

SEC. 774. STUDY OF FEASIBILITY AND EFFECTS OF REDUCING USE OF FUEL FOR 
              AUTOMOBILES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the National Highway 
Traffic Safety Administration shall initiate a study of the feasibility 
and effects of reducing by model year 2014, by a significant 
percentage, the amount of fuel consumed by automobiles.
    (b) Subjects of Study.--The study under this section shall 
include--
            (1) examination of, and recommendation of alternatives to, 
        the policy under current Federal law of establishing average 
        fuel economy standards for automobiles and requiring each 
        automobile manufacturer to comply with average fuel economy 
        standards that apply to the automobiles it manufactures;
            (2) examination of how automobile manufacturers could 
        contribute toward achieving the reduction referred to in 
        subsection (a);
            (3) examination of the potential of fuel cell technology in 
        motor vehicles in order to determine the extent to which such 
        technology may contribute to achieving the reduction referred 
        to in subsection (a); and
            (4) examination of the effects of the reduction referred to 
        in subsection (a) on--
                    (A) gasoline supplies;
                    (B) the automobile industry, including sales of 
                automobiles manufactured in the United States;
                    (C) motor vehicle safety; and
                    (D) air quality.
    (c) Report.--The Administrator shall submit to Congress a report on 
the findings, conclusion, and recommendations of the study under this 
section by not later than 1 year after the date of the enactment of 
this Act.

SEC. 775. UPDATE TESTING PROCEDURES.

    The Administrator of the Environmental Protection Agency shall 
update or revise the adjustment factors in sections 600.209-85 and 
600.209-95, of the Code of Federal Regulations, CFR Part 600 (1995) 
Fuel Economy Regulations for 1977 and Later Model Year Automobiles to 
take into consideration higher speed limits, faster acceleration rates, 
variations in temperature, use of air conditioning, shorter city test 
cycle lengths, current reference fuels, and the use of other fuel 
depleting features.

                          TITLE VIII--HYDROGEN

SEC. 801. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Hydrogen Technical and Fuel Cell Advisory Committee 
        established under section 805.
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Fuel cell.--The term ``fuel cell'' means a device that 
        directly converts the chemical energy of a fuel and an oxidant 
        into electricity by an electrochemical process taking place at 
        separate electrodes in the device.
            (4) Infrastructure.--The term ``infrastructure'' means the 
        equipment, systems, or facilities used to produce, distribute, 
        deliver, or store hydrogen.
            (5) Light duty vehicle.--The term ``light duty vehicle'' 
        means a car or truck classified by the Department of 
        Transportation as a Class I or IIA vehicle.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 802. PLAN.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary shall transmit to Congress a coordinated plan for the 
programs described in this title and any other programs of the 
Department that are directly related to fuel cells or hydrogen. The 
plan shall describe, at a minimum--
            (1) the agenda for the next 5 years for the programs 
        authorized under this title, including the agenda for each 
        activity enumerated in section 803(a);
            (2) the types of entities that will carry out the 
        activities under this title and what role each entity is 
        expected to play;
            (3) the milestones that will be used to evaluate the 
        programs for the next 5 years;
            (4) the most significant technical and nontechnical hurdles 
        that stand in the way of achieving the goals described in 
        section 803(b), and how the programs will address those 
        hurdles; and
            (5) the policy assumptions that are implicit in the plan, 
        including any assumptions that would affect the sources of 
        hydrogen or the marketability of hydrogen-related products.

SEC. 803. PROGRAMS.

    (a) Activities.--The Secretary, in partnership with the private 
sector, shall conduct programs to address--
            (1) production of hydrogen from diverse energy sources, 
        including--
                    (A) fossil fuels, which may include carbon capture 
                and sequestration;
                    (B) hydrogen-carrier fuels (including ethanol and 
                methanol);
                    (C) renewable energy resources, including biomass; 
                and
                    (D) nuclear energy;
            (2) use of hydrogen for commercial, industrial, and 
        residential electric power generation;
            (3) safe delivery of hydrogen or hydrogen-carrier fuels, 
        including--
                    (A) transmission by pipeline and other distribution 
                methods; and
                    (B) convenient and economic refueling of vehicles 
                either at central refueling stations or through 
                distributed on-site generation;
            (4) advanced vehicle technologies, including--
                    (A) engine and emission control systems;
                    (B) energy storage, electric propulsion, and hybrid 
                systems;
                    (C) automotive materials; and
                    (D) other advanced vehicle technologies;
            (5) storage of hydrogen or hydrogen-carrier fuels, 
        including development of materials for safe and economic 
        storage in gaseous, liquid, or solid form at refueling 
        facilities and onboard vehicles;
            (6) development of safe, durable, affordable, and efficient 
        fuel cells, including fuel-flexible fuel cell power systems, 
        improved manufacturing processes, high-temperature membranes, 
        cost-effective fuel processing for natural gas, fuel cell stack 
        and system reliability, low temperature operation, and cold 
        start capability;
            (7) development, after consultation with the private 
        sector, of necessary codes and standards (including 
        international codes and standards and voluntary consensus 
        standards adopted in accordance with OMB Circular A-119) and 
        safety practices for the production, distribution, storage, and 
        use of hydrogen, hydrogen-carrier fuels, and related products;
            (8) a public education program to develop improved 
        knowledge and acceptability of hydrogen-based systems; and
            (9) the ability of domestic automobile manufacturers to 
        manufacture commercially available competitive hybrid vehicle 
        technologies in the United States.
    (b) Program Goals.--
            (1) Vehicles.--For vehicles, the goals of the program are--
                    (A) to enable a commitment by automakers no later 
                than year 2015 to offer safe, affordable, and 
                technically viable hydrogen fuel cell vehicles in the 
                mass consumer market; and
                    (B) to enable production, delivery, and acceptance 
                by consumers of model year 2020 hydrogen fuel cell and 
                other hydrogen-powered vehicles that will have--
                            (i) a range of at least 300 miles;
                            (ii) improved performance and ease of 
                        driving;
                            (iii) safety and performance comparable to 
                        vehicle technologies in the market; and
                            (iv) when compared to light duty vehicles 
                        in model year 2003--
                                    (I) fuel economy that is 
                                substantially higher;
                                    (II) substantially lower emissions 
                                of air pollutants; and
                                    (III) equivalent or improved 
                                vehicle fuel system crash integrity and 
                                occupant protection.
            (2) Hydrogen energy and energy infrastructure.--For 
        hydrogen energy and energy infrastructure, the goals of the 
        program are to enable a commitment not later than 2015 that 
        will lead to infrastructure by 2020 that will provide--
                    (A) safe and convenient refueling;
                    (B) improved overall efficiency;
                    (C) widespread availability of hydrogen from 
                domestic energy sources through--
                            (i) production, with consideration of 
                        emissions levels;
                            (ii) delivery, including transmission by 
                        pipeline and other distribution methods for 
                        hydrogen; and
                            (iii) storage, including storage in surface 
                        transportation vehicles;
                    (D) hydrogen for fuel cells, internal combustion 
                engines, and other energy conversion devices for 
                portable, stationary, and transportation applications; 
                and
                    (E) other technologies consistent with the 
                Department's plan.
            (3) Fuel cells.--The goals for fuel cells and their 
        portable, stationary, and transportation applications are to 
        enable--
                    (A) safe, economical, and environmentally sound 
                hydrogen fuel cells;
                    (B) fuel cells for light duty and other vehicles; 
                and
                    (C) other technologies consistent with the 
                Department's plan.
    (c) Demonstration.--In carrying out the programs under this 
section, the Secretary shall fund a limited number of demonstration 
projects, consistent with a determination of the maturity, cost-
effectiveness, and environmental impacts of technologies supporting 
each project. In selecting projects under this subsection, the 
Secretary shall, to the extent practicable and in the public interest, 
select projects that--
            (1) involve using hydrogen and related products at existing 
        facilities or installations, such as existing office buildings, 
        military bases, vehicle fleet centers, transit bus authorities, 
        or units of the National Park System;
            (2) depend on reliable power from hydrogen to carry out 
        essential activities;
            (3) lead to the replication of hydrogen technologies and 
        draw such technologies into the marketplace;
            (4) include vehicle, portable, and stationary 
        demonstrations of fuel cell and hydrogen-based energy 
        technologies;
            (5) address the interdependency of demand for hydrogen fuel 
        cell applications and hydrogen fuel infrastructure;
            (6) raise awareness of hydrogen technology among the 
        public;
            (7) facilitate identification of an optimum technology 
        among competing alternatives;
            (8) address distributed generation using renewable sources; 
        and
            (9) address applications specific to rural or remote 
        locations, including isolated villages and islands, the 
        National Park System, and tribal entities.
The Secretary shall give preference to projects which address multiple 
elements contained in paragraphs (1) through (9).
    (d) Deployment.--In carrying out the programs under this section, 
the Secretary shall, in partnership with the private sector, conduct 
activities to facilitate the deployment of hydrogen energy and energy 
infrastructure, fuel cells, and advanced vehicle technologies.
    (e) Funding.--
            (1) In general.--The Secretary shall carry out the programs 
        under this section using a competitive, merit-based review 
        process and consistent with the generally applicable Federal 
        laws and regulations governing awards of financial assistance, 
        contracts, or other agreements.
            (2) Research centers.--Activities under this section may be 
        carried out by funding nationally recognized university-based 
        or Federal laboratory research centers.
    (f) Cost Sharing.--
            (1) Research and development.--Except as otherwise provided 
        in this title, for research and development programs carried 
        out under this title the Secretary shall require a commitment 
        from non-Federal sources of at least 20 percent of the cost of 
        the project. The Secretary may reduce or eliminate the non-
        Federal requirement under this paragraph if the Secretary 
        determines that the research and development is of a basic or 
        fundamental nature or involves technical analyses or 
        educational activities.
            (2) Demonstration and commercial application.--Except as 
        otherwise provided in this title, the Secretary shall require 
        at least 50 percent of the costs directly and specifically 
        related to any demonstration or commercial application project 
        under this title to be provided from non-Federal sources. The 
        Secretary may reduce the non-Federal requirement under this 
        paragraph if the Secretary determines that the reduction is 
        necessary and appropriate considering the technological risks 
        involved in the project and is necessary to meet the objectives 
        of this title.
            (3) Calculation of amount.--In calculating the amount of 
        the non-Federal commitment under paragraph (1) or (2), the 
        Secretary may include personnel, services, equipment, and other 
        resources.
            (4) Size of non-federal share.--The Secretary may consider 
        the size of the non-Federal share in selecting projects.
    (g) Disclosure.--Section 623 of the Energy Policy Act of 1992 (42 
U.S.C. 13293) relating to the protection of information shall apply to 
projects carried out through grants, cooperative agreements, or 
contracts under this title.

SEC. 804. INTERAGENCY TASK FORCE.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the President shall establish an interagency 
task force chaired by the Secretary with representatives from each of 
the following:
            (1) The Office of Science and Technology Policy within the 
        Executive Office of the President.
            (2) The Department of Transportation.
            (3) The Department of Defense.
            (4) The Department of Commerce (including the National 
        Institute of Standards and Technology).
            (5) The Department of State.
            (6) The Environmental Protection Agency.
            (7) The National Aeronautics and Space Administration.
            (8) Other Federal agencies as the Secretary determines 
        appropriate.
    (b) Duties.--
            (1) Planning.--The interagency task force shall work 
        toward--
                    (A) a safe, economical, and environmentally sound 
                fuel infrastructure for hydrogen and hydrogen-carrier 
                fuels, including an infrastructure that supports buses 
                and other fleet transportation;
                    (B) fuel cells in government and other 
                applications, including portable, stationary, and 
                transportation applications;
                    (C) distributed power generation, including the 
                generation of combined heat, power, and clean fuels 
                including hydrogen;
                    (D) uniform hydrogen codes, standards, and safety 
                protocols; and
                    (E) vehicle hydrogen fuel system integrity safety 
                performance.
            (2) Activities.--The interagency task force may organize 
        workshops and conferences, may issue publications, and may 
        create databases to carry out its duties. The interagency task 
        force shall--
                    (A) foster the exchange of generic, nonproprietary 
                information and technology among industry, academia, 
                and government;
                    (B) develop and maintain an inventory and 
                assessment of hydrogen, fuel cells, and other advanced 
                technologies, including the commercial capability of 
                each technology for the economic and environmentally 
                safe production, distribution, delivery, storage, and 
                use of hydrogen;
                    (C) integrate technical and other information made 
                available as a result of the programs and activities 
                under this title;
                    (D) promote the marketplace introduction of 
                infrastructure for hydrogen fuel vehicles; and
                    (E) conduct an education program to provide 
                hydrogen and fuel cell information to potential end-
                users.
    (c) Agency Cooperation.--The heads of all agencies, including those 
whose agencies are not represented on the interagency task force, shall 
cooperate with and furnish information to the interagency task force, 
the Advisory Committee, and the Department.

SEC. 805. ADVISORY COMMITTEE.

    (a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory 
Committee is established to advise the Secretary on the programs and 
activities under this title.
    (b) Membership.--
            (1) Members.--The Advisory Committee shall be comprised of 
        not fewer than 12 nor more than 25 members. The members shall 
        be appointed by the Secretary to represent domestic industry, 
        academia, professional societies, government agencies, Federal 
        laboratories, previous advisory panels, and financial, 
        environmental, and other appropriate organizations based on the 
        Department's assessment of the technical and other 
        qualifications of committee members and the needs of the 
        Advisory Committee.
            (2) Terms.--The term of a member of the Advisory Committee 
        shall not be more than 3 years. The Secretary may appoint 
        members of the Advisory Committee in a manner that allows the 
        terms of the members serving at any time to expire at spaced 
        intervals so as to ensure continuity in the functioning of the 
        Advisory Committee. A member of the Advisory Committee whose 
        term is expiring may be reappointed.
            (3) Chairperson.--The Advisory Committee shall have a 
        chairperson, who is elected by the members from among their 
        number.
    (c) Review.--The Advisory Committee shall review and make 
recommendations to the Secretary on--
            (1) the implementation of programs and activities under 
        this title;
            (2) the safety, economical, and environmental consequences 
        of technologies for the production, distribution, delivery, 
        storage, or use of hydrogen energy and fuel cells; and
            (3) the plan under section 802.
    (d) Response.--
            (1) Consideration of recommendations.--The Secretary shall 
        consider, but need not adopt, any recommendations of the 
        Advisory Committee under subsection (c).
            (2) Biennial report.--The Secretary shall transmit a 
        biennial report to Congress describing any recommendations made 
        by the Advisory Committee since the previous report. The report 
        shall include a description of how the Secretary has 
        implemented or plans to implement the recommendations, or an 
        explanation of the reasons that a recommendation will not be 
        implemented. The report shall be transmitted along with the 
        President's budget proposal.
    (e) Support.--The Secretary shall provide resources necessary in 
the judgment of the Secretary for the Advisory Committee to carry out 
its responsibilities under this title.

SEC. 806. EXTERNAL REVIEW.

    (a) Plan.--The Secretary shall enter into an arrangement with the 
National Academy of Sciences to review the plan prepared under section 
802, which shall be completed not later than 6 months after the Academy 
receives the plan. Not later than 45 days after receiving the review, 
the Secretary shall transmit the review to Congress along with a plan 
to implement the review's recommendations or an explanation of the 
reasons that a recommendation will not be implemented.
    (b) Additional Review.--The Secretary shall enter into an 
arrangement with the National Academy of Sciences under which the 
Academy will review the programs under section 803 during the fourth 
year following the date of enactment of this Act. The Academy's review 
shall include the research priorities and technical milestones, and 
evaluate the progress toward achieving them. The review shall be 
completed not later than 5 years after the date of enactment of this 
Act. Not later than 45 days after receiving the review, the Secretary 
shall transmit the review to Congress along with a plan to implement 
the review's recommendations or an explanation for the reasons that a 
recommendation will not be implemented.

SEC. 807. MISCELLANEOUS PROVISIONS.

    (a) Representation.--The Secretary may represent the United States 
interests with respect to activities and programs under this title, in 
coordination with the Department of Transportation, the National 
Institute of Standards and Technology, and other relevant Federal 
agencies, before governments and nongovernmental organizations 
including--
            (1) other Federal, State, regional, and local governments 
        and their representatives;
            (2) industry and its representatives, including members of 
        the energy and transportation industries; and
            (3) in consultation with the Department of State, foreign 
        governments and their representatives including international 
        organizations.
    (b) Regulatory Authority.--Nothing in this title shall be construed 
to alter the regulatory authority of the Department.

SEC. 808. SAVINGS CLAUSE.

    Nothing in this title shall be construed to affect the authority of 
the Secretary of Transportation that may exist prior to the date of 
enactment of this Act with respect to--
            (1) research into, and regulation of, hydrogen-powered 
        vehicles fuel systems integrity, standards, and safety under 
        subtitle VI of title 49, United States Code;
            (2) regulation of hazardous materials transportation under 
        chapter 51 of title 49, United States Code;
            (3) regulation of pipeline safety under chapter 601 of 
        title 49, United States Code;
            (4) encouragement and promotion of research, development, 
        and deployment activities relating to advanced vehicle 
        technologies under section 5506 of title 49, United States 
        Code;
            (5) regulation of motor vehicle safety under chapter 301 of 
        title 49, United States Code;
            (6) automobile fuel economy under chapter 329 of title 49, 
        United States Code; or
            (7) representation of the interests of the United States 
        with respect to the activities and programs under the authority 
        of title 49, United States Code.

SEC. 809. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this title, in addition to any amounts made available for these 
purposes under other Acts--
            (1) $546,000,000 for fiscal year 2006;
            (2) $750,000,000 for fiscal year 2007;
            (3) $850,000,000 for fiscal year 2008;
            (4) $900,000,000 for fiscal year 2009; and
            (5) $1,000,000,000 for fiscal year 2010.

SEC. 810. SOLAR AND WIND TECHNOLOGIES.

    (a) Solar Energy Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the 
        provisions in this subtitle related to solar energy 
        technologies and for implementing the recommendations related 
        to solar energy technologies that are included in the report 
        transmitted under subsection (c);
            (2) provide for the establishment of 5 projects in 
        geographic areas that are regionally and climatically diverse 
        to demonstrate the production of hydrogen at solar energy 
        facilities, including one demonstration project at a national 
        laboratory or institution of higher education;
            (3) establish a research and development program--
                    (A) to develop optimized concentrating solar power 
                devices that may be used for the production of both 
                electricity and hydrogen; and
                    (B) to evaluate the use of thermochemical cycles 
                for hydrogen production at the temperatures attainable 
                with concentrating solar power devices;
            (4) coordinate with activities sponsored by the Department 
        of Energy's Office of Nuclear Energy, Science, and Technology 
        on high-temperature materials, thermochemical cycles, and 
        economic issues related to solar energy;
            (5) provide for the construction and operation of new 
        concentrating solar power devices or solar power cogeneration 
        facilities that produce hydrogen either concurrently with, or 
        independently of, the production of electricity;
            (6) support existing facilities and research programs 
        dedicated to the development and advancement of concentrating 
        solar power devices; and
            (7) establish a program--
                    (A) to research and develop methods that use 
                electricity from photovoltaic devices for the onsite 
                production of hydrogen, such that no intermediate 
                transmission or distribution infrastructure is required 
                or used and future demand growth may be accommodated;
                    (B) to evaluate the economics of small-scale 
                electrolysis for hydrogen production; and
                    (C) to research the potential of modular 
                photovoltaic devices for the development of a hydrogen 
                infrastructure, the security implications of a hydrogen 
                infrastructure, and the benefits potentially derived 
                from a hydrogen infrastructure.
    (b) Wind Energy Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the 
        provisions in this subtitle related to wind energy technologies 
        and for implementing the recommendations related to wind energy 
        technologies that are included in the report transmitted under 
        subsection (c); and
            (2) provide for the establishment of 5 projects in 
        geographic areas that are regionally and climatically diverse 
        to demonstrate the production of hydrogen at existing wind 
        energy facilities, including one demonstration project at a 
        national laboratory or institution of higher education.
    (c) Program Support.--The Secretary shall support research programs 
at institutions of higher education for the development of solar energy 
technologies and wind energy technologies for the production of 
hydrogen. The research programs supported under this subsection shall--
            (1) enhance fellowship and faculty assistance programs;
            (2) provide support for fundamental research;
            (3) encourage collaborative research among industry, 
        national laboratories, and institutions of higher education;
            (4) support communication and outreach; and
            (5) to the greatest extent possible--
                    (A) be located in geographic areas that are 
                regionally and climatically diverse; and
                    (B) be located at part B institutions, minority 
                institutions, and institutions of higher education 
                located in States participating in the Experimental 
                Program to Stimulate Competitive Research of the 
                Department of Energy.
    (d) Institutions of Higher Education and National Laboratory 
Interactions.--In conjunction with the programs supported under this 
section, the Secretary shall develop sabbatical, fellowship, and 
visiting scientist programs to encourage national laboratories and 
institutions of higher education to share and exchange personnel.
    (e) Definitions.--For purposes of this section--
            (1) the term ``concentrating solar power devices'' means 
        devices that concentrate the power of the sun by reflection or 
        refraction to improve the efficiency of a photovoltaic or 
        thermal generation process;
            (2) the term ``institution of higher education'' has the 
        meaning given to that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a));
            (3) the term ``minority institution'' has the meaning given 
        to that term in section 365 of the Higher Education Act of 1965 
        (20 U.S.C. 1067k);
            (4) the term ``part B institution'' has the meaning given 
        to that term in section 322 of the Higher Education Act of 1965 
        (20 U.S.C. 1061); and
            (5) the term ``photovoltaic devices'' means devices that 
        convert light directly into electricity through a solid-state, 
        semiconductor process.

SEC. 811. HYDROGEN FUEL CELL BUSES.

    The Secretary of Energy, through the advanced vehicle technologies 
program, in coordination with the Secretary of Transportation, shall 
advance the development of fuel cell bus technologies by providing 
funding for 4 demonstration sites that--
            (1) have or will soon have hydrogen infrastructure for fuel 
        cell bus operation; and
            (2) are operated by entities with experience in the 
        development of fuel cell bus technologies, to enable the 
        widespread utilization of fuel cell buses.
Such demonstrations shall address the reliability of fuel cell heavy-
duty vehicles, expense, infrastructure, containment, storage, safety, 
training, and other issues.

                   TITLE IX--RESEARCH AND DEVELOPMENT

SEC. 900. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Energy Research, 
Development, Demonstration, and Commercial Application Act of 2005''.
    (b) Definitions.--For purposes of this title:
            (1) Applied programs.--The term ``applied programs'' means 
        the research, development, demonstration, and commercial 
        application programs of the Department concerning energy 
        efficiency, renewable energy, nuclear energy, fossil energy, 
        and electricity transmission and distribution.
            (2) Biomass.--The term ``biomass'' means--
                    (A) any organic material grown for the purpose of 
                being converted to energy;
                    (B) any organic byproduct of agriculture (including 
                wastes from food production and processing) that can be 
                converted into energy; or
                    (C) any waste material that can be converted to 
                energy, is segregated from other waste materials, and 
                is derived from--
                            (i) any of the following forest-related 
                        resources: mill residues, precommercial 
                        thinnings, slash, brush, or otherwise 
                        nonmerchantable material; or
                            (ii) wood waste materials, including waste 
                        pallets, crates, dunnage, manufacturing and 
                        construction wood wastes (other than pressure-
                        treated, chemically-treated, or painted wood 
                        wastes), and landscape or right-of-way tree 
                        trimmings, but not including municipal solid 
                        waste, gas derived from the biodegradation of 
                        municipal solid waste, or paper that is 
                        commonly recycled.
            (3) Department.--The term ``Department'' means the 
        Department of Energy.
            (4) Departmental mission.--The term ``departmental 
        mission'' means any of the functions vested in the Secretary of 
        Energy by the Department of Energy Organization Act (42 U.S.C. 
        7101 et seq.) or other law.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (6) National laboratory.--The term ``National Laboratory'' 
        means any of the following laboratories owned by the 
        Department:
                    (A) Ames Laboratory.
                    (B) Argonne National Laboratory.
                    (C) Brookhaven National Laboratory.
                    (D) Fermi National Accelerator Laboratory.
                    (E) Idaho National Laboratory.
                    (F) Lawrence Berkeley National Laboratory.
                    (G) Lawrence Livermore National Laboratory.
                    (H) Los Alamos National Laboratory.
                    (I) National Energy Technology Laboratory.
                    (J) National Renewable Energy Laboratory.
                    (K) Oak Ridge National Laboratory.
                    (L) Pacific Northwest National Laboratory.
                    (M) Princeton Plasma Physics Laboratory.
                    (N) Sandia National Laboratories.
                    (O) Savannah River National Laboratory.
                    (P) Stanford Linear Accelerator Center.
                    (Q) Thomas Jefferson National Accelerator Facility.
            (7) Renewable energy.--The term ``renewable energy'' means 
        energy from wind, sunlight, the flow of water, heat from the 
        Earth, or biomass that can be converted into a usable form such 
        as process heat, electricity, fuel, or space heat.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) State.--The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        the Northern Mariana Islands, and any other commonwealth, 
        territory, or possession of the United States.
            (10) University.--The term ``university'' has the meaning 
        given the term ``institution of higher education'' in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
            (11) User facility.--The term ``user facility'' means a 
        research and development facility supported, in whole or in 
        part, by Departmental funds that is open, at a minimum, to all 
        qualified United States researchers.

                      Subtitle A--Science Programs

SEC. 901. OFFICE OF SCIENCE PROGRAMS.

    (a) In General.--The Secretary shall conduct, through the Office of 
Science, programs of research, development, demonstration, and 
commercial application in high energy physics, nuclear physics, 
biological and environmental research, basic energy sciences, advanced 
scientific computing research, and fusion energy sciences, including 
activities described in this subtitle. The programs shall include 
support for facilities and infrastructure, education, outreach, 
information, analysis, and coordination activities.
    (b) Rare Isotope Accelerator.--
            (1) Establishment.--The Secretary shall construct and 
        operate a Rare Isotope Accelerator. The Secretary shall 
        commence construction no later than September 30, 2008.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as may be 
        necessary to carry out this subsection. The Secretary shall not 
        spend more than $1,100,000,000 in Federal funds for all 
        activities associated with the Rare Isotope Accelerator prior 
        to operation.

SEC. 902. SYSTEMS BIOLOGY PROGRAM.

    (a) Program.--
            (1) Establishment.--The Secretary shall establish a 
        research, development, and demonstration program in genetics, 
        protein science, and computational biology to support the 
        energy, national security, and environmental missions of the 
        Department.
            (2) Grants.--The program shall support individual 
        researchers and multidisciplinary teams of researchers through 
        competitive, merit-reviewed grants.
            (3) Consultation.--In carrying out the program, the 
        Secretary shall consult with other Federal agencies that 
        conduct genetic and protein research.
    (b) Goals.--The program shall have the goal of developing 
technologies and methods based on the biological functions of genomes, 
microbes, and plants that--
            (1) can facilitate the production of fuels, including 
        hydrogen;
            (2) convert carbon dioxide to organic carbon;
            (3) detoxify soils and water, including at Departmental 
        facilities, contaminated with heavy metals and radiological 
        materials; and
            (4) address other Department missions as identified by the 
        Secretary.
    (c) Plan.--
            (1) Development of plan.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall prepare and 
        transmit to Congress a research plan describing how the program 
        authorized pursuant to this section will be undertaken to 
        accomplish the program goals established in subsection (b).
            (2) Review of plan.--The Secretary shall contract with the 
        National Academy of Sciences to review the research plan 
        developed under this subsection. The Secretary shall transmit 
        the review to Congress not later than 18 months after 
        transmittal of the research plan under paragraph (1), along 
        with the Secretary's response to the recommendations contained 
        in the review.
    (d) User Facilities and Ancillary Equipment.--Within the funds 
authorized to be appropriated pursuant to this subtitle, the amounts 
specified under section 910(b)(1), (c)(1), (d)(1), (e)(1), and (f)(1) 
shall be available for projects to develop, plan, construct, acquire, 
or operate special equipment, instrumentation, or facilities, including 
user facilities, for researchers conducting research, development, 
demonstration, and commercial application in systems biology and 
proteomics and associated biological disciplines.
    (e) Prohibition on Biomedical and Human Cell and Human Subject 
Research.--
            (1) No biomedical research.--In carrying out the program 
        under this section, the Secretary shall not conduct biomedical 
        research.
            (2) Limitations.--Nothing in this section shall authorize 
        the Secretary to conduct any research or demonstrations--
                    (A) on human cells or human subjects; or
                    (B) designed to have direct application with 
                respect to human cells or human subjects.

SEC. 903. CATALYSIS RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment.--The Secretary shall conduct a program of 
research and development in catalysis science, including efforts to--
            (1) enable molecular-level catalyst design by coupling 
        experimental and computational approaches;
            (2) enable nanoscale, high-throughput synthesis, assay, and 
        characterization; and
            (3) synthesize catalysts with specific site architectures.
    (b) Program Activities.--In carrying out the program under this 
section, the Secretary shall--
            (1) support both individual researchers and 
        multidisciplinary teams of researchers to pioneer new 
        approaches in catalytic design;
            (2) develop, plan, construct, acquire, or operate special 
        equipment or facilities, including user facilities;
            (3) support technology transfer activities to benefit 
        industry and other users of catalysis science and engineering; 
        and
            (4) coordinate research and development activities with 
        industry and other Federal agencies.

SEC. 904. HYDROGEN.

    The Secretary shall conduct a program of fundamental research and 
development in support of programs authorized in titleVIII.

SEC. 905. ADVANCED SCIENTIFIC COMPUTING RESEARCH.

     The Secretary shall conduct an advanced scientific computing 
research and development program, including in applied mathematics and 
the activities authorized by the Department of Energy High-End 
Computing Revitalization Act of 2004 (15 U.S.C. 5541 et seq.). The 
Secretary shall carry out this program with the goal of supporting 
departmental missions and providing the high-performance computational, 
networking, and workforce resources that are required for world 
leadership in science.

SEC. 906. FUSION ENERGY SCIENCES PROGRAM.

    (a) Declaration of Policy.--It shall be the policy of the United 
States to conduct research, development, demonstration, and commercial 
application to provide for the scientific, engineering, and commercial 
infrastructure necessary to ensure that the United States is 
competitive with other nations in providing fusion energy for its own 
needs and the needs of other nations, including by demonstrating 
electric power or hydrogen production for the United States energy grid 
utilizing fusion energy at the earliest date possible.
    (b) Planning.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a plan, with proposed cost estimates, budgets, and lists of 
        potential international partners, for the implementation of the 
        policy described in subsection (a). The plan shall ensure 
        that--
                    (A) existing fusion research facilities are more 
                fully utilized;
                    (B) fusion science, technology, theory, advanced 
                computation, modeling, and simulation are strengthened;
                    (C) new magnetic and inertial fusion research and 
                development facilities are selected based on scientific 
                innovation, cost effectiveness, and their potential to 
                advance the goal of practical fusion energy at the 
                earliest date possible, and those that are selected are 
                funded at a cost-effective rate;
                    (D) communication of scientific results and methods 
                between the fusion energy science community and the 
                broader scientific and technology communities is 
                improved;
                    (E) inertial confinement fusion facilities are 
                utilized to the extent practicable for the purpose of 
                inertial fusion energy research and development; and
                    (F) attractive alternative inertial and magnetic 
                fusion energy approaches are more fully explored.
            (2) Costs and schedules.--Such plan shall also address the 
        status of and, to the degree possible, costs and schedules 
        for--
                    (A) the design and implementation of international 
                or national facilities for the testing of fusion 
                materials; and
                    (B) the design and implementation of international 
                or national facilities for the testing and development 
                of key fusion technologies.
    (c) United States Participation in ITER.--
            (1) In general.--The United States may participate in ITER 
        only in accordance with this subsection.
            (2) Agreement.--
                    (A) In general.--The Secretary is authorized to 
                negotiate an agreement for United States participation 
                in ITER.
                    (B) Contents.--Any agreement for United States 
                participation in ITER shall, at a minimum--
                            (i) clearly define the United States 
                        financial contribution to construction and 
                        operating costs, as well as any other costs 
                        associated with the project;
                            (ii) ensure that the share of ITER's high-
                        technology components manufactured in the 
                        United States is at least proportionate to the 
                        United States financial contribution to ITER;
                            (iii) ensure that the United States will 
                        not be financially responsible for cost 
                        overruns in components manufactured in other 
                        ITER participating countries;
                            (iv) guarantee the United States full 
                        access to all data generated by ITER;
                            (v) enable United States researchers to 
                        propose and carry out an equitable share of the 
                        experiments at ITER;
                            (vi) provide the United States with a role 
                        in all collective decisionmaking related to 
                        ITER; and
                            (vii) describe the process for 
                        discontinuing or decommissioning ITER and any 
                        United States role in that process.
            (3) Plan.--The Secretary, in consultation with the Fusion 
        Energy Sciences Advisory Committee, shall develop a plan for 
        the participation of United States scientists in ITER that 
        shall include the United States research agenda for ITER, 
        methods to evaluate whether ITER is promoting progress toward 
        making fusion a reliable and affordable source of power, and a 
        description of how work at ITER will relate to other elements 
        of the United States fusion program. The Secretary shall 
        request a review of the plan by the National Academy of 
        Sciences.
            (4) Limitation.--No Federal funds shall be expended for the 
        construction of ITER until the Secretary has transmitted to 
        Congress--
                    (A) the agreement negotiated pursuant to paragraph 
                (2) and 120 days have elapsed since that transmission;
                    (B) a report describing the management structure of 
                ITER and providing a fixed dollar estimate of the cost 
                of United States participation in the construction of 
                ITER, and 120 days have elapsed since that 
                transmission;
                    (C) a report describing how United States 
                participation in ITER will be funded without reducing 
                funding for other programs in the Office of Science, 
                including other fusion programs, and 60 days have 
                elapsed since that transmission; and
                    (D) the plan required by paragraph (3) (but not the 
                National Academy of Sciences review of that plan), and 
                60 days have elapsed since that transmission.
            (5) Alternative to iter.--If at any time during the 
        negotiations on ITER, the Secretary determines that 
        construction and operation of ITER is unlikely or infeasible, 
        the Secretary shall send to Congress, as part of the budget 
        request for the following year, a plan for implementing a 
        domestic burning plasma experiment including costs and 
        schedules for such a plan. The Secretary shall refine such plan 
        in full consultation with the Fusion Energy Sciences Advisory 
        Committee and shall also transmit such plan to the National 
        Academy of Sciences for review.
            (6) Definitions.--In this subsection:
                    (A) Construction.--The term ``construction'' means 
                the physical construction of the ITER facility, and the 
                physical construction, purchase, or manufacture of 
                equipment or components that are specifically designed 
                for the ITER facility, but does not mean the design of 
                the facility, equipment, or components.
                    (B) ITER.--The term ``ITER'' means the 
                international burning plasma fusion research project in 
                which the President announced United States 
                participation on January 30, 2003, or any similar 
                international project.

SEC. 907. SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

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

SEC. 908. OFFICE OF SCIENTIFIC AND TECHNICAL INFORMATION.

    The Secretary shall maintain within the Department the Office of 
Scientific and Technical Information.

SEC. 909. SCIENCE AND ENGINEERING PILOT PROGRAM.

    (a) Establishment of Consortium.--Notwithstanding section 913, the 
Secretary shall award a grant to Oak Ridge Associated Universities to 
establish a university consortium to carry out a regional pilot program 
for enhancing scientific, technological, engineering, and mathematical 
literacy, creativity, and decisionmaking. The consortium shall include 
leading research universities, one or more universities that train 
substantial numbers of elementary and secondary school teachers, and, 
where appropriate, National Laboratories.
    (b) Program Elements.--The program shall include--
            (1) expanding strategic, formal partnerships among 
        universities with strength in research, universities that train 
        substantial numbers of elementary and secondary school 
        teachers, and the private sector;
            (2) combining Department expertise with one or more 
        National Aeronautics and Space Administration Educator Resource 
        Centers;
            (3) developing programs to permit current and future 
        teachers to participate in ongoing research projects at 
        National Laboratories and research universities and to adapt 
        lessons learned to the classroom;
            (4) designing and implementing course work;
            (5) designing and implementing a strategy for measuring and 
        assessing progress under the program; and
            (6) developing models for transferring knowledge gained 
        under the pilot program to other institutions and areas of the 
        country.
    (c) Report.--Not later than 2 years after appropriations are first 
available for the program, the Secretary shall transmit to Congress a 
report outlining lessons learned and containing a plan for expanding 
the program nationwide. The Secretary may begin implementation of such 
plan for expansion of the program on October 1, 2008. The expansion of 
the program shall be subject to section 913.

SEC. 910. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts authorized to be 
appropriated under the 21st Century Nanotechnology Research and 
Development Act (15 U.S.C. 7501 et seq.) and the Department of Energy 
High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541 et seq.), 
the following sums are authorized to be appropriated to the Secretary 
for the purposes of carrying out this subtitle:
            (1) For fiscal year 2006, $3,785,000,000.
            (2) For fiscal year 2007, $4,153,000,000.
            (3) For fiscal year 2008, $4,628,000,000.
            (4) For fiscal year 2009, $5,300,000,000.
            (5) For fiscal year 2010, $5,800,000,000.
    (b) 2006 Allocations.--From amounts authorized under subsection 
(a)(1), the following sums are authorized for fiscal year 2006:
            (1) Systems biology.--For activities under section 902, 
        $100,000,000.
            (2) Scientific computing.--For activities under section 
        905, $252,000,000.
            (3) Fusion energy sciences.--For activities under section 
        906, excluding activities under subsection (c) of that section, 
        $335,000,000.
            (4) Scholarship.--For the scholarship program described in 
        section 907, $800,000.
            (5) Office of scientific and technical information.--For 
        activities under section 908, $7,000,000.
            (6) Pilot program.--For activities under section 909, 
        $4,000,000.
    (c) 2007 Allocations.--From amounts authorized under subsection 
(a)(2), the following sums are authorized for fiscal year 2007:
            (1) Systems biology.--For activities under section 902, 
        such sums as may be necessary.
            (2) Scientific computing.--For activities under section 
        905, $270,000,000.
            (3) Fusion energy sciences.--For activities under section 
        906, excluding activities under subsection (c) of that section, 
        $349,000,000.
            (4) Scholarship.--For the scholarship program described in 
        section 907, $1,600,000.
            (5) Office of scientific and technical information.--For 
        activities under section 908, $7,500,000.
            (6) Pilot program.--For activities under section 909, 
        $4,000,000.
    (d) 2008 Allocations.--From amounts authorized under subsection 
(a)(3), the following sums are authorized for fiscal year 2008:
            (1) Systems biology.--For activities under section 902, 
        such sums as may be necessary.
            (2) Scientific computing.--For activities under section 
        905, $350,000,000.
            (3) Fusion energy sciences.--For activities under section 
        906, excluding activities under subsection (c) of that section, 
        $362,000,000.
            (4) Scholarship.--For the scholarship program described in 
        section 907, $2,000,000.
            (5) Office of scientific and technical information.--For 
        activities under section 908, $8,000,000.
            (6) Pilot program.--For activities under section 909, 
        $4,000,000.
    (e) 2009 Allocations.--From amounts authorized under subsection 
(a)(4), the following sums are authorized for fiscal year 2009:
            (1) Systems biology.--For activities under section 902, 
        such sums as may be necessary.
            (2) Scientific computing.--For activities under section 
        905, $375,000,000.
            (3) Fusion energy sciences.--For activities under section 
        906, excluding activities under subsection (c) of that section, 
        $377,000,000.
            (4) Scholarship.--For the scholarship program described in 
        section 907, $2,000,000.
            (5) Office of scientific and technical information.--For 
        activities under section 908, $8,000,000.
            (6) Pilot program.--For activities under section 909, 
        $8,000,000.
    (f) 2010 Allocations.--From amounts authorized under subsection 
(a)(5), the following sums are authorized for fiscal year 2010:
            (1) Systems biology.--For activities under section 902, 
        such sums as may be necessary.
            (2) Scientific computing.--For activities under section 
        905, $400,000,000.
            (3) Fusion energy sciences.--For activities under section 
        906, excluding activities under subsection (c) of that section, 
        $393,000,000.
            (4) Scholarship.--For the scholarship program described in 
        section 907, $2,000,000.
            (5) Office of scientific and technical information.--For 
        activities under section 908, $8,500,000.
            (6) Pilot program.--For activities under section 909, 
        $8,000,000.
    (g) ITER Construction.--From amounts authorized under subsection 
(a) and in addition to amounts authorized under subsections (b)(3), 
(c)(3), (d)(3), (e)(3), and (f)(3), there are authorized to be 
appropriated to the Secretary such sums as may be necessary for ITER 
construction, consistent with the limitations of section 906(c).
    (h) Integrated Bioenergy Research and Development.--In addition to 
amounts otherwise authorized by this section, 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 2005 through 2009. 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. Of the funds authorized under this subsection, at 
least $5,000,000 for each fiscal year shall be for training and 
education targeted to minority and social disadvantaged farmers and 
ranchers.

           Subtitle B--Research Administration and Operations

SEC. 911. COST SHARING.

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

SEC. 912. REPROGRAMMING.

    (a) Distribution Report.--Not later than 60 days after the date of 
enactment of an Act appropriating amounts authorized under this title, 
the Secretary shall transmit to Congress a report explaining how such 
amounts will be distributed among the activities authorized by this 
title.
    (b) Reprogramming Letter.--No amount authorized by this title shall 
be obligated or expended for a purpose inconsistent with the 
appropriations Act appropriating such amount, the report accompanying 
such appropriations Act, or a distribution report transmitted under 
subsection (a) if such obligation or expenditure would change an 
individual amount, as represented in such an Act, report, or 
distribution report, by more than 2 percent or $2,000,000, whichever is 
smaller, unless the Secretary has transmitted to Congress a letter of 
explanation and a period of 30 days has elapsed after Congress receives 
the letter.
    (c) Computation.--The computation of the 30-day period described in 
subsection (b) shall exclude 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.

SEC. 913. MERIT-BASED COMPETITION.

    (a) Competitive Merit Review.--Awardees of funds authorized under 
this title shall be selected through open competitions. Funds shall be 
competitively awarded only after an impartial review of the scientific 
and technical merit of the proposals for such awards has been carried 
out by or for the Department on the basis of criteria outlined by the 
Secretary in the solicitation of proposals.
    (b) Competition.--Competitive awards under this title shall involve 
competitions open to all qualified entities within one or more of the 
following categories:
            (1) Institutions of higher education.
            (2) National Laboratories.
            (3) Nonprofit and for-profit private entities.
            (4) State and local governments.
            (5) Consortia of entities described in paragraphs (1) 
        through (4).
    (c) Congressional Notification.--The Secretary shall notify 
Congress within 30 days after awarding more than $500,000 through a 
competition described in subsection (b) that is limited to 1 of the 
categories described in paragraphs (1) through (4) of subsection (b).
    (d) Waivers.--The Secretary may waive the requirement under 
subsection (a) requiring competition if the Secretary considers it 
necessary to more quickly advance research, development, demonstration, 
or commercial application activities. The Secretary shall notify 
Congress within 30 days when a waiver is granted under this subsection. 
The Secretary may not delegate the waiver authority under this 
subsection for awards over $500,000.

SEC. 914. EXTERNAL TECHNICAL REVIEW OF DEPARTMENTAL PROGRAMS.

    (a) National Applied Energy Research and Development Advisory 
Committees.--
            (1) In general.--The Secretary shall establish one or more 
        advisory committees to review and advise the Department's 
        applied programs in the following areas:
                    (A) Energy efficiency.
                    (B) Renewable energy.
                    (C) Nuclear energy.
                    (D) Fossil energy.
            (2) Existing advisory committees.--The Secretary may 
        designate an existing advisory committee within the Department 
        to fulfill the responsibilities of an advisory committee under 
        this subsection.
    (b) Office of Science Advisory Committees.--
            (1) Use of existing committees.--Except as otherwise 
        provided under the Federal Advisory Committee Act, the 
        Secretary shall continue to use the scientific program advisory 
        committees chartered under the Federal Advisory Committee Act 
        (5 U.S.C. App.) by the Office of Science to oversee research 
        and development programs under that Office.
            (2) Report.--Before the Department issues any new guidance 
        regarding the membership for Office of Science scientific 
        program advisory committees, the Secretary shall transmit a 
        report to the Congress outlining the reasons for the proposed 
        changes, and 60 days must have elapsed after transmittal of the 
        report before the Department may implement those changes.
            (3) Science advisory committee.--
                    (A) Establishment.--There shall be a Science 
                Advisory Committee for the Office of Science that 
                includes the chairs of each of the advisory committees 
                described in paragraph (1).
                    (B) Responsibilities.--The Science Advisory 
                Committee shall--
                            (i) advise the Director of the Office of 
                        Science on science issues;
                            (ii) advise the Director of the Office of 
                        Science with respect to the well-being and 
                        management of the National Laboratories and 
                        Department research facilities;
                            (iii) advise the Director of the Office of 
                        Science with respect to education and workforce 
                        training activities required for effective 
                        short-term and long-term basic and applied 
                        research activities of the Office of Science; 
                        and
                            (iv) advise the Director of the Office of 
                        Science with respect to the well-being of the 
                        university research programs supported by the 
                        Office of Science.
    (c) Membership.--Each member of an advisory committee appointed 
under this section shall have significant scientific, technical, or 
other appropriate expertise. The membership of each committee shall 
represent a wide range of expertise, including, to the extent 
practicable, members with expertise from outside the disciplines 
covered by the program, and a diverse set of interests.
    (d) Meetings and Purposes.--Each advisory committee under this 
section shall meet at least semiannually to review and advise on the 
progress made by the respective research, development, demonstration, 
and commercial application program or programs. The advisory committee 
shall also review the measurable cost and performance-based goals for 
the applied programs, and the progress on meeting such goals.
    (e) Review and Assessment.--Not later than 6 months after the date 
of enactment of this Act, the Secretary shall enter into arrangements 
with the National Academy of Sciences to conduct reviews and 
assessments of the programs authorized by this title, the measurable 
cost and performance-based goals for the applied programs, and the 
progress in meeting such goals. Such reviews and assessments shall be 
completed and reports containing the results of all such reviews and 
assessments transmitted to the Congress not later than 2 years after 
the date of enactment of this Act.

SEC. 915. COMPETITIVE AWARD OF MANAGEMENT CONTRACTS.

    None of the funds authorized to be appropriated to the Secretary by 
this title may be used to award a management and operating contract for 
a National Laboratory (excluding those named in subparagraphs (G), (H), 
(N), (O) of section 900(b)(6)), unless such contract is competitively 
awarded, or the Secretary grants, on a case-by-case basis, a waiver. 
The Secretary may not delegate the authority to grant such a waiver and 
shall submit to the Congress a report notifying it of the waiver, and 
setting forth the reasons for the waiver, at least 60 days prior to the 
date of the award of such contract.

SEC. 916. NATIONAL LABORATORY DESIGNATION.

    After the date of enactment of this Act the Secretary shall not 
designate a facility that is not referred to in section 900(b)(6) as a 
National Laboratory.

SEC. 917. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.

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

SEC. 918. USER FACILITY BEST PRACTICES PLAN.

     The Secretary shall not allow any Department facility to begin 
functioning as a user facility after the date of enactment of this Act 
until the Secretary, for that facility--
            (1) develops a plan to ensure that the facility will--
                    (A) have a skilled staff to support a wide range of 
                users;
                    (B) have a fair method for allocating time to users 
                that provides for input from facility management, user 
                representatives, and outside experts; and
                    (C) be operated in a safe and fiscally prudent 
                manner; and
            (2) transmits such plan to Congress and 60 days have 
        elapsed.

SEC. 919. SUPPORT FOR SCIENCE AND ENERGY INFRASTRUCTURE AND FACILITIES.

    (a) Strategy.--The Secretary shall develop and implement a strategy 
for infrastructure and facilities supported primarily from the Office 
of Science and the applied programs at each National Laboratory and 
Department research facility. Such strategy shall provide cost-
effective means for--
            (1) maintaining existing facilities and infrastructure, as 
        needed;
            (2) closing unneeded facilities;
            (3) making facility modifications; and
            (4) building new facilities.
    (b) Report.--
            (1) Requirement.--The Secretary shall prepare and transmit 
        to the Congress not later than June 1, 2007, a report 
        summarizing the strategies developed under subsection (a).
            (2) Contents.--For each National Laboratory and Department 
        research facility, for the facilities primarily used for 
        science and energy research, such report shall contain--
                    (A) the current priority list of proposed 
                facilities and infrastructure projects, including cost 
                and schedule requirements;
                    (B) a current 10-year plan that demonstrates the 
                reconfiguration of its facilities and infrastructure to 
                meet its missions and to address its long-term 
                operational costs and return on investment;
                    (C) the total current budget for all facilities and 
                infrastructure funding; and
                    (D) the current status of each facility and 
                infrastructure project compared to the original 
                baseline cost, schedule, and scope.

SEC. 920. COORDINATION PLAN.

    (a) In General.--The Secretary shall develop a coordination plan to 
improve coordination and collaboration in research, development, 
demonstration, and commercial application activities across Department 
organizational boundaries.
    (b) Plan Contents.--The plan shall describe--
            (1) how the Secretary will ensure that the applied programs 
        are coordinating their activities, including a description of 
        specific research questions that cross organizational 
        boundaries and of how the relevant applied programs are 
        coordinating their efforts to answer those questions, and how 
        such cross-cutting research questions will be identified in the 
        future;
            (2) how the Secretary will ensure that research that has 
        been supported by the Office of Science is being or will be 
        used by the applied programs, including a description of 
        specific Office of Science-supported research that is relevant 
        to the applied programs and of how the applied programs have 
        used or will use that research; and
            (3) a description of how the Secretary will ensure that the 
        research agenda of the Office of Science includes research 
        questions of concern to the applied programs, including a 
        description of specific research questions that the Office of 
        Science will address to assist the applied programs.
    (c) Plan Transmittal.--The Secretary shall transmit the 
coordination plan to Congress not later than 9 months after the date of 
enactment of this Act, and every 2 years thereafter shall transmit a 
revised coordination plan.
    (d) Conference.--Not less than 6 months after the date of enactment 
of this Act, the Secretary shall convene a conference of program 
managers from the Office of Science and the applied programs to review 
ideas and explore possibilities for effective cross-program 
collaboration. The Secretary also shall invite participation relevant 
Federal agencies and other programs in the Federal Government 
conducting relevant research, and other stakeholders as appropriate.

SEC. 921. AVAILABILITY OF FUNDS.

    Funds appropriated to the Secretary for activities authorized under 
this title shall remain available for three years. Funds that are not 
obligated at the end of three years shall be returned to the Treasury.

                     Subtitle C--Energy Efficiency

             CHAPTER 1--VEHICLES, BUILDINGS, AND INDUSTRIES

SEC. 922. PROGRAMS.

    (a) In General.--The Secretary shall conduct programs of energy 
efficiency research, development, demonstration, and commercial 
application, including activities described in this chapter. Such 
programs shall be focused on the following objectives:
            (1) Increasing the energy efficiency of vehicles, 
        buildings, and industrial processes.
            (2) Reducing the Nation's demand for energy, especially 
        energy from foreign sources.
            (3) Reducing the cost of energy and making the economy more 
        efficient and competitive.
            (4) Improving the Nation's energy security.
            (5) Reducing the environmental impact of energy-related 
        activities.
    (b) Goals.--
            (1) Initial goals.--In accordance with the performance plan 
        and report requirements in section 4 of the Government 
        Performance Results Act of 1993, the Secretary shall transmit 
        to the Congress, along with the President's annual budget 
        request for fiscal year 2007, a report containing outcome 
        measures with explicitly stated cost and performance baselines. 
        The measures shall specify energy efficiency performance goals, 
        with quantifiable 5-year cost and energy savings target levels, 
        for vehicles, buildings, and industries, and any other such 
        goals the Secretary considers appropriate.
            (2) Subsequent transmittals.--The Secretary shall transmit 
        to the Congress, along with the President's annual budget 
        request for each fiscal year after 2007, a report containing--
                    (A) a description, including quantitative analysis, 
                of progress in achieving performance goals transmitted 
                under paragraph (1), as compared to the baselines 
                transmitted under paragraph (1); and
                    (B) any amendments to such goals.
    (c) Public Input.--The Secretary shall consider advice from 
industry, universities, and other interested parties through seeking 
comments in the Federal Register and other means before transmitting 
each report under subsection (b).

SEC. 923. VEHICLES.

    (a) Advanced, Cost-Effective Technologies.--The Secretary shall 
conduct a program of research, development, demonstration, and 
commercial application of advanced, cost-effective technologies to 
improve the energy efficiency and environmental performance of light-
duty and heavy-duty vehicles, including--
            (1) hybrid and electric propulsion systems, including plug-
        in hybrid systems;
            (2) advanced engines, including combustion engines;
            (3) advanced materials, including high strength, 
        lightweight materials, such as nanostructured materials, 
        composites, multimaterial parts, carbon fibers, and materials 
        with high thermal conductivity;
            (4) technologies for reduced drag and rolling resistance;
            (5) whole-vehicle design optimization to reduce the weight 
        of component parts and thus increase the fuel economy of the 
        vehicle, including fiber optics to replace traditional wiring;
            (6) thermoelectric devices that capture waste heat and 
        convert thermal energy into