CHAPTER 149 - NATIONAL ENERGY POLICY AND PROGRAMS

Title 42 > CHAPTER 149

Sections (285)

§ 15801 Definitions

Except as otherwise provided, in this Act: The term “Department” means the Department of Energy. The term “institution of higher education” has the meaning given the term in section 1001(a) of title 20 . The term “institution of higher education” includes an organization that— is organized, and at all times thereafter operated, exclusively for the benefit of, to perform the functions of, or to carry out the functions of one or more organizations referred to in subparagraph (A); and is operated, supervised, or controlled by or in connection with one or more of those organizations. The term “National Laboratory” means any of the following laboratories owned by the Department: Ames Laboratory. Argonne National Laboratory. Brookhaven National Laboratory. Fermi National Accelerator Laboratory. Idaho National Laboratory. Lawrence Berkeley National Laboratory. Lawrence Livermore National Laboratory. Los Alamos National Laboratory. National Energy Technology Laboratory. National Renewable Energy Laboratory. Oak Ridge National Laboratory. Pacific Northwest National Laboratory. Princeton Plasma Physics Laboratory. Sandia National Laboratories. Savannah River National Laboratory. Stanford Linear Accelerator Center. Thomas Jefferson National Accelerator Facility. The term “Secretary” means the Secretary of Energy. The term “small business concern” has the meaning given the term in section 632 of title 15 . ( Pub. L. 109–58, § 2 , Aug. 8, 2005 , 119 Stat. 604 .)

§ 15811 Voluntary commitments to reduce industrial energy intensity

(a) Definition of energy intensity In this section, the term “energy intensity” means the primary energy consumed for each unit of physical output in an industrial process.

(b) Voluntary agreements The Secretary may enter into voluntary agreements with one or more persons in industrial sectors that consume significant quantities of primary energy for each unit of physical output to reduce the energy intensity of the production activities of the persons.

(c) Goal Voluntary agreements under this section shall have as a goal the reduction of energy intensity by not less than 2.5 percent each year during the period of calendar years 2007 through 2016.

(d) Recognition The Secretary, in cooperation with other appropriate Federal agencies, shall develop mechanisms to recognize and publicize the achievements of participants in voluntary agreements under this section.

(e) Technical assistance A person that enters into an agreement under this section and continues to make a good faith effort to achieve the energy efficiency goals specified in the agreement shall be eligible to receive from the Secretary a grant or technical assistance, as appropriate, to assist in the achievement of those goals.

(f) Report Not later than each of June 30, 2012 , and June 30, 2017 , the Secretary shall submit to Congress a report that— evaluates the success of the voluntary agreements under this section; and provides independent verification of a sample of the energy savings estimates provided by participating firms.

§ 15812 Advanced Building Efficiency Testbed

(a) Establishment The Secretary, 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 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 one-third of the total amount to the lead university described in subsection (b), and provide the remaining two-thirds to the other participants referred to in subsection (b) on an equal basis.

§ 15813 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.

§ 15821 Energy efficient appliance rebate programs

(a) Definitions In this section: The term “eligible State” means a State that meets the requirements of subsection (b). The term “Energy Star program” means the program established by section 6294a of this title . The term “residential Energy Star product” means a product for a residence that is rated for energy efficiency under the Energy Star program. The term “State energy office” means the State agency responsible for developing State energy conservation plans under section 6322 of this title . 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— 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, or products with improved energy efficiency in cold climates, to replace used appliances of the same type; submits an application for the allocation at such time, in such form, and containing such information as the Secretary may require; and 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 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. 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— the amount of the allocation to the State energy office under subsection (c); the amount of any Federal or State tax incentive available for the purchase of the residential Energy Star product or product with improved energy efficiency in a cold climate; and the difference between the cost of the residential Energy Star product or product with improved energy efficiency in a cold climate and the cost of an appliance that is not a residential Energy Star product or product with improved energy efficiency in a cold climate, 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 or product with improved energy efficiency in a cold climate.

(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.

§ 15822 Energy efficient public buildings

(a) Grants The Secretary may make grants to the State agency responsible for developing State energy conservation plans under section 6322 of this title , 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— 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 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— maintain such records and evidence of compliance as the Secretary may require; and 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 $30,000,000 for each of fiscal years 2006 through 2010. Not more than 10 percent of appropriated funds shall be used for administration.

§ 15823 Low income community energy efficiency pilot program

(a) Grants The Secretary 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— investments that develop alternative, renewable, and distributed energy supplies; energy efficiency projects and energy conservation programs; studies and other activities that improve energy efficiency in low income rural and urban communities; planning and development assistance for increasing the energy efficiency of buildings and facilities; and 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 $20,000,000 for each of fiscal years 2006 through 2008.

§ 15824 State Technologies Advancement Collaborative

(a) In general The Secretary, in cooperation with the States, shall establish a cooperative program for research, development, demonstration, and deployment of technologies in which there is a common Federal and State energy efficiency, renewable energy, and fossil energy interest, to be known as the “State Technologies Advancement Collaborative” (referred to in this section as the “Collaborative”).

(b) Duties The Collaborative shall— leverage Federal and State funding through cost-shared activity; reduce redundancies in Federal and State funding; and create multistate projects to be awarded through a competitive process.

(c) Administration The Collaborative shall be administered through an agreement between the Department and appropriate State-based organizations.

(d) Funding sources Funding for the Collaborative may be provided from— amounts specifically appropriated for the Collaborative; or amounts that may be allocated from other appropriations without changing the purpose for which the amounts are appropriated.

(e) Authorization of appropriations There are authorized to carry out this section such sums as are necessary for each of fiscal years 2006 through 2010.

§ 15831 Public energy education program

(a) In general Not later than 180 days after August 8, 2005 , the Secretary shall convene an organizational conference for the purpose of establishing an ongoing, self-sustaining national public energy education program.

(b) Participants The Secretary shall invite to participate in the conference individuals and entities representing all aspects of energy production and distribution, including— industrial firms; professional societies; educational organizations; trade associations; and governmental agencies.

(c) Purpose, scope, and structure The purpose of the conference shall be to establish an ongoing, self-sustaining national public energy education program to examine and recognize interrelationships between energy sources in all forms, including— conservation and energy efficiency; the role of energy use in the economy; and the impact of energy use on the environment. Taking into consideration the purpose described in paragraph (1), the participants in the conference invited under subsection (b) shall design the scope and structure of the program described in subsection (a).

(d) Technical assistance The Secretary shall provide technical assistance and other guidance necessary to carry out the program described in subsection (a).

(e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

§ 15832 Energy efficiency public information initiative

(a) In general The Secretary shall carry out a comprehensive national program, including advertising and media awareness, to inform consumers about— the need to reduce energy consumption during the 4-year period beginning on August 8, 2005 ; the benefits to consumers of reducing consumption of electricity, natural gas, and petroleum, particularly during peak use periods; the importance of low energy costs to economic growth and preserving manufacturing jobs in the United States; and practical, cost-effective measures that consumers can take to reduce consumption of electricity, natural gas, and gasoline, including— maintaining and repairing heating and cooling ducts and equipment; weatherizing homes and buildings; purchasing energy efficient products; and proper tire maintenance.

(b) Cooperation The program carried out under subsection (a) shall— include collaborative efforts with State and local government officials and the private sector; and incorporate, to the maximum extent practicable, successful State and local public education programs.

(c) Report Not later than July 1, 2009 , the Secretary shall submit to Congress a report describing the effectiveness of the program under this section.

(d) Termination of authority The program carried out under this section shall terminate on December 31, 2010 .

(e) Authorization of appropriations There are authorized to be appropriated to carry out this section $90,000,000 for each of fiscal years 2006 through 2010.

§ 15833 Energy efficiency pilot program

(a) In general The Secretary shall establish a pilot program under which the Secretary provides financial assistance to at least 3, but not more than 7, States to carry out pilot projects in the States for— planning and adopting statewide programs that encourage, for each year in which the pilot project is carried out— energy efficiency; and reduction of consumption of electricity or natural gas in the State by at least 0.75 percent, as compared to a baseline determined by the Secretary for the period preceding the implementation of the program; or for any State that has adopted a statewide program as of August 8, 2005 , activities that reduce energy consumption in the State by expanding and improving the program.

(b) Verification A State that receives financial assistance under subsection (a)(1) shall submit to the Secretary independent verification of any energy savings achieved through the statewide program.

(c) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2006 through 2010, to remain available until expended.

§ 15834 Report on failure to comply with deadlines for new or revised energy conservation standards

(a) Initial report The Secretary shall submit a report to Congress regarding each new or revised energy conservation or water use standard which the Secretary has failed to issue in conformance with the deadlines established in the Energy Policy and Conservation Act [ 42 U.S.C. 6201 et seq.]. Such report shall state the reasons why the Secretary has failed to comply with the deadline for issuances of the new or revised standard and set forth the Secretary’s plan for expeditiously prescribing such new or revised standard. The Secretary’s initial report shall be submitted not later than 6 months following August 8, 2005 , and subsequent reports shall be submitted whenever the Secretary determines that additional deadlines for issuance of new or revised standards have been missed.

(b) Implementation report Every 6 months following the submission of a report under subsection (a) until the adoption of a new or revised standard described in such report, the Secretary shall submit to the Congress an implementation report describing the Secretary’s progress in implementing the Secretary’s plan or the issuance of the new or revised standard.

§ 15841 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 8259b of this title , unless the purchase of energy-efficient appliances is not cost-effective to the agency. ( Pub. L. 109–58, title I, § 152 , Aug. 8, 2005 , 119 Stat. 649 .)

§ 15842 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 August 8, 2005 , 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. ( Pub. L. 109–58, title I, § 154 , Aug. 8, 2005 , 119 Stat. 650 .)

§ 15851 Assessment of renewable energy resources

(a) Resource assessment Not later than 6 months after August 8, 2005 , and each year thereafter, the Secretary shall review the available assessments of renewable energy resources within the United States, including solar, wind, biomass, marine, 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 August 8, 2005 , and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain— a detailed inventory describing the available amount and characteristics of the renewable energy resources; and 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 $10,000,000 for each of fiscal years 2006 through 2010.

§ 15852 Federal purchase requirement

(a) Requirement The President, acting through the Secretary, 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: Not less than 3 percent in fiscal years 2007 through 2009. Not less than 5 percent in fiscal years 2010 through 2012. Not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter.

(b) Definitions In this section: The term “biomass” means any lignin waste material that is segregated from other waste materials and is determined to be nonhazardous by the Administrator of the Environmental Protection Agency and any solid, nonhazardous, cellulosic material that is derived from— any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material; 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; agriculture wastes, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or a plant that is grown exclusively as a fuel for the production of electricity. The term “renewable energy” means marine energy (as defined in section 17211 of this title ), or electric energy produced from solar, wind, biomass, landfill gas, 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— the renewable energy is produced and used on-site at a Federal facility; the renewable energy is produced on Federal lands and used at a Federal facility; or 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. For purposes of determining compliance with the requirement of this section, any energy consumption that is avoided through the use of geothermal energy shall be considered to be renewable energy produced. Energy consumption that is avoided through the use of geothermal energy that is considered to be renewable energy under this section shall not be considered energy efficiency for the purpose of compliance with Federal energy efficiency goals, targets, and incentives.

(d) Report Not later than April 15, 2007 , and every 2 years thereafter, the Secretary shall provide a report to Congress on the progress of the Federal Government in meeting the goals established by this section.

§ 15853 Rebate program

The Secretary 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. Rebates provided under the program established under paragraph (1) shall be in an amount not to exceed the lesser of— 25 percent of the expenditures described in paragraph (1) made by the consumer; or $3,000.Forpurposesofthissection,theterm“renewableenergysystem”hasthemeaninggiventhatterminsection6865(c)(6)(A)ofthistitle.ThereareauthorizedtobeappropriatedtotheSecretaryforcarryingoutthissection,toremainavailableuntilexpended—$150,000,000 for fiscal year 2006; $150,000,000forfiscalyear2007;$200,000,000 for fiscal year 2008; $250,000,000forfiscalyear2009;and$250,000,000 for fiscal year 2010. ( Pub. L. 109–58, title II, § 206(c) , Aug. 8, 2005 , 119 Stat. 655 .)

§ 15854 Sugar Cane Ethanol Program

(a) Definition of program In this section, the term “program” means the Sugar Cane Ethanol Program established by subsection (b).

(b) Establishment There is established within the Environmental Protection Agency a program to be known as the “Sugar Cane Ethanol Program”.

(c) Project Subject to the availability of appropriations under subsection (d), in carrying out the program, the Administrator of the Environmental Protection Agency shall establish a project that is— carried out in multiple States— in each of which is produced cane sugar that is eligible for loans under section 7272 of title 7 , or a similar subsequent authority; and at the option of each such State, that have an incentive program that requires the use of ethanol in the State; and designed to study the production of ethanol from cane sugar, sugarcane, and sugarcane byproducts. A project described in paragraph (1) shall— be limited to sugar producers and the production of ethanol in the States of Florida, Louisiana, Texas, and Hawaii, divided equally among the States, to demonstrate that the process may be applicable to cane sugar, sugarcane, and sugarcane byproducts; include information on the ways in which the scale of production may be replicated once the sugar cane industry has located sites for, and constructed, ethanol production facilities; and not last more than 3 years.

(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $36,000,000, to remain available until expended.

§ 15855 Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other commercial purposes

(a) Definitions In this section: The term “biomass” means nonmerchantable materials or precommercial thinnings that are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed— to reduce hazardous fuels; to reduce or contain disease or insect infestation; or to restore forest health. The term “Indian tribe” has the meaning given the term in section 5304(e) of title 25 . For purposes of subsection (b), the term “nonmerchantable” means that portion of the byproducts of preventive treatments that would not otherwise be used for higher value products. The term “person” includes— an individual; a community (as determined by the Secretary concerned); an Indian tribe; a small business or a corporation that is incorporated in the United States; and a nonprofit organization. The term “preferred community” means— any Indian tribe; any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that— has a population of not more than 50,000 individuals; and the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or any county that— is not contained within a metropolitan statistical area; and the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation. The term “Secretary concerned” means the Secretary of Agriculture or the Secretary of the Interior.

(b) Biomass commercial use grant program The Secretary concerned may make grants to any person in a preferred community that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, or transportation fuels to offset the costs incurred to purchase biomass for use by such facility. A grant under this subsection may not exceed $20 per green ton of biomass delivered. As a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the Secretary concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility.

(c) Improved biomass use grant program The Secretary concerned may make grants to persons to offset the cost of projects to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the Secretary concerned shall give preference to persons in preferred communities. The Secretary concerned shall select a grant recipient under paragraph (1) after giving consideration to— the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy; opportunities for the creation or expansion of small businesses and micro-businesses; the potential for new job creation; the potential for the project to improve efficiency or develop cleaner technologies for biomass utilization; and the potential for the project to reduce the hazardous fuels from the areas in greatest need of treatment. A grant under this subsection may not exceed $500,000.

(d) Authorization of appropriations There are authorized to be appropriated $50,000,000forfiscalyear2006and$35,000,000 for each of fiscal years 2007 through 2016 to carry out this section.

(e) Report Not later than October 1, 2010 , the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Resources, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives, a report describing the results of the grant programs authorized by this section. The report shall include the following: An identification of the size, type, and use of biomass by persons that receive grants under this section. The distance between the land from which the biomass was removed and the facility that used the biomass. The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.

§ 15871 Coordination of geothermal leasing and permitting on Federal lands

(a) In general Not later than 180 days after August 8, 2005 , the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to Congress a memorandum of understanding in accordance with this section, the Geothermal Steam Act of 1970 (as amended by this Act) [ 30 U.S.C. 1001 et seq.], and other applicable laws, regarding coordination of leasing and permitting for geothermal development of public lands and National Forest System lands under their respective jurisdictions.

(b) Lease and permit applications The memorandum of understanding shall— establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and time limits for application procession; establish a 5-year program for geothermal leasing of lands in the National Forest System, and a process for updating that program every 5 years; and establish a program for reducing the backlog of geothermal lease application pending on January 1, 2005 , by 90 percent within the 5-year period beginning on August 8, 2005 , including, as necessary, by issuing leases, rejecting lease applications for failure to comply with the provisions of the regulations under which they were filed, or determining that an original applicant (or the applicant’s assigns, heirs, or estate) is no longer interested in pursuing the lease application.

(c) Data retrieval system The memorandum of understanding shall establish a joint data retrieval system that is capable of tracking lease and permit applications and providing to the applicant information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.

§ 15872 Assessment of geothermal energy potential

Not later than 3 years after August 8, 2005 , and thereafter as the availability of data and developments in technology warrants, the Secretary of the Interior, acting through the Director of the United States Geological Survey and in cooperation with the States, shall— update the Assessment of Geothermal Resources made during 1978; and submit to Congress the updated assessment. ( Pub. L. 109–58, title II, § 226 , Aug. 8, 2005 , 119 Stat. 665 .)

§ 15873 Deposit and use of geothermal lease revenues for 5 fiscal years

(a) Deposit of geothermal resources leases Notwithstanding any other provision of law, amounts received by the United States in the first 5 fiscal years beginning after August 8, 2005 , as rentals, royalties, and other payments required under leases under the Geothermal Steam Act of 1970 [ 30 U.S.C. 1001 et seq.], excluding funds required to be paid to State and county governments, shall be deposited into a separate account in the Treasury.

(b) Use of deposits Amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, to implement the Geothermal Steam Act of 1970 [ 30 U.S.C. 1001 et seq.] and this Act.

(c) Transfer of funds For the purposes of coordination and processing of geothermal leases and geothermal use authorizations on Federal land the Secretary of the Interior may authorize the expenditure or transfer of such funds as are necessary to the Forest Service.

§ 15874 Intermountain West Geothermal Consortium

(a) Participation authorized The Secretary, acting through the Idaho National Laboratory, may participate in a consortium described in subsection (b) to address science and science policy issues surrounding the expanded discovery and use of geothermal energy, including from geothermal resources on public lands.

(b) Members The consortium referred to in subsection (a) shall— be known as the “Intermountain West Geothermal Consortium”; be a regional consortium of institutions and government agencies that focuses on building collaborative efforts among the universities in the State of Idaho, other regional universities, State agencies, and the Idaho National Laboratory; include Boise State University, the University of Idaho (including the Idaho Water Resources Research Institute), the Oregon Institute of Technology, the Desert Research Institute with the University and Community College System of Nevada, and the Energy and Geoscience Institute at the University of Utah; be hosted and managed by Boise State University; and have a director appointed by Boise State University, and associate directors appointed by each participating institution.

(c) Financial assistance The Secretary, acting through the Idaho National Laboratory and subject to the availability of appropriations, will provide financial assistance to Boise State University for expenditure under contracts with members of the consortium to carry out the activities of the consortium.

§ 15881 Hydroelectric production incentives

(a) Incentive payments For electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. 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: The term “qualified hydroelectric facility” means a turbine or other generating device owned or solely operated by a non-Federal entity— that generates hydroelectric energy for sale; and that is added to an existing dam or conduit; or that has a generating capacity of not more than 20 megawatts; for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and that is constructed in an area in which there is inadequate electric service, as determined by the Secretary, including by taking into consideration— access to the electric grid; the frequency of electric outages; or the affordability of electricity. The term “existing dam or conduit” means any dam or conduit the construction of which was completed before November 15, 2021 , 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. The term “conduit” has the same meaning as when used in section 823a(a)(2) of title 16 . 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 November 15, 2021 .

(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 22 fiscal years beginning with the first full fiscal year occurring after August 8, 2005 .

(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 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 $1,000,000 in 1 calendar year. 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 45K(d)(2)(B) of title 26 , 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 32 fiscal years beginning with the first full fiscal year occurring after August 8, 2005 , 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 is authorized to be appropriated to the Secretary to carry out this section $125,000,000 for fiscal year 2022, to remain available until expended.

§ 15882 Hydroelectric efficiency improvement incentives

(a) Incentive payments The Secretary 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 30 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 $5,000,000 may be made with respect to improvements at a single facility in any 1 fiscal year.

(c) Authorization of appropriations There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2022 to remain available until expended.

§ 15883 Maintaining and enhancing hydroelectricity incentives

(a) Definition of qualified hydroelectric facility In this section, the term “qualified hydroelectric facility” means a hydroelectric project that— is licensed by the Federal Energy Regulatory Commission; or is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920 , or a license granted pursuant to the Federal Power Act ( 16 U.S.C. 791a et seq.); is placed into service before November 15, 2021 ; and is in compliance with all applicable Federal, Tribal, and State requirements; or would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.

(b) Incentive payments The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to— improving grid resiliency, including— adapting more quickly to changing grid conditions; providing ancillary services (including black start capabilities, voltage support, and spinning reserves); integrating other variable sources of electricity generation; and managing accumulated reservoir sediments; improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including— the maintenance or upgrade of spillways or other appurtenant structures; dam stability improvements, including erosion repair and enhanced seepage controls; and upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or environmental improvements, including— adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility; improving the quality of the water retained or released by a qualified hydroelectric facility; promoting downstream sediment transport processes and habitat maintenance; and improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.

(c) Limitations Incentive payments under this section shall not exceed 30 percent of the costs of the applicable capital improvement. Not more than 1 incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000.

(d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended.

§ 15891 Projects enhancing insular energy independence

(a) Project feasibility studies On a request described in paragraph (2), the Secretary shall conduct a feasibility study of a project to implement a strategy or project identified in the plans submitted to Congress pursuant to section 1492 of title 48 as having the potential to— significantly reduce the dependence of an insular area on imported fossil fuels; or provide needed distributed generation to an insular area. The Secretary shall conduct a feasibility study under paragraph (1) on— the request of an electric utility located in an insular area that commits to fund at least 10 percent of the cost of the study; and if the electric utility is located in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, written support for that request by the President or the Ambassador of the affected freely associated state. The Secretary shall consult with regional utility organizations in— conducting feasibility studies under paragraph (1); and determining the feasibility of potential projects. For the purpose of a feasibility study under paragraph (1), a project shall be determined to be feasible if the project would significantly reduce the dependence of an insular area on imported fossil fuels, or provide needed distributed generation to an insular area, at a reasonable cost.

(b) Implementation On a determination by the Secretary (in consultation with the Secretary of the Interior) that a project is feasible under subsection (a) and a commitment by an electric utility to operate and maintain the project, the Secretary may provide such technical and financial assistance as the Secretary determines is appropriate for the implementation of the project. In providing assistance under paragraph (1), the Secretary shall consider providing the assistance through regional utility organizations.

(c) Authorization of appropriations There are authorized to be appropriated to the Secretary— $500,000foreachfiscalyearforprojectfeasibilitystudiesundersubsection(a);and$4,000,000 for each fiscal year for project implementation under subsection (b). No insular area may receive, during any 3-year period, more than 20 percent of the total funds made available during that 3-year period under subparagraphs (A) and (B) of paragraph (1) unless the Secretary determines that providing funding in excess of that percentage best advances existing opportunities to meet the objectives of this section.

§ 15901 Definition of Secretary

In this part, the term “Secretary” means the Secretary of the Interior. ( Pub. L. 109–58, title III, § 341 , Aug. 8, 2005 , 119 Stat. 697 .)

§ 15902 Program on oil and gas royalties in-kind

(a) Applicability of section Notwithstanding any other provision of law, this section applies to all royalty in-kind accepted by the Secretary on or after August 8, 2005 , under any Federal oil or gas lease or permit under— section 192 of title 30 ; section 1353 of title 43 ; or any other Federal law governing leasing of Federal land for oil and gas development.

(b) Terms and conditions All royalty accruing to the United States shall, on the demand of the Secretary, be paid in-kind. If the Secretary makes such a demand, the following provisions apply to the payment: Delivery by, or on behalf of, the lessee of the royalty amount and quality due under the lease satisfies royalty obligation of the lessee for the amount delivered, except that transportation and processing reimbursements paid to, or deductions claimed by, the lessee shall be subject to review and audit. In this paragraph, the term “in marketable condition” means sufficiently free from impurities and otherwise in a condition that the royalty production will be accepted by a purchaser under a sales contract typical of the field or area in which the royalty production was produced. Royalty production shall be placed in marketable condition by the lessee at no cost to the United States. The Secretary may— sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas transferred under section 1353(a)(3) of title 43 1 for not less than the market price; and transport or process (or both) any royalty production taken in-kind. The Secretary may, notwithstanding section 3302 of title 31 , retain and use a portion of the revenues from the sale of oil and gas taken in-kind that otherwise would be deposited to miscellaneous receipts, without regard to fiscal year limitation, or may use oil or gas received as royalty taken in-kind (referred to in this paragraph as “royalty production”) to pay the cost of— transporting the royalty production; processing the royalty production; disposing of the royalty production; or any combination of transporting, processing, and disposing of the royalty production. Except as provided in subparagraph (B), the Secretary may not use revenues from the sale of oil and gas taken in-kind to pay for personnel, travel, or other administrative costs of the Federal Government. Notwithstanding subparagraph (A), the Secretary may use a portion of the revenues from royalty in-kind sales, without fiscal year limitation, to pay salaries and other administrative costs directly related to the royalty in-kind program.

(c) Reimbursement of cost If the lessee, pursuant to an agreement with the United States or as provided in the lease, processes the royalty gas or delivers the royalty oil or gas at a point not on or adjacent to the lease area, the Secretary shall— reimburse the lessee for the reasonable costs of transportation (not including gathering) from the lease to the point of delivery or for processing costs; or allow the lessee to deduct the transportation or processing costs in reporting and paying royalties in-value for other Federal oil and gas leases.

(d) Benefit to the United States required The Secretary may receive oil or gas royalties in-kind only if the Secretary determines that receiving royalties in-kind provides benefits to the United States that are greater than or equal to the benefits that are likely to have been received had royalties been taken in-value.

(e) Deduction of expenses Before making payments under section 191 of title 30 or section 1337(g) of title 43 of revenues derived from the sale of royalty production taken in-kind from a lease, the Secretary shall deduct amounts paid or deducted under subsections (b)(4) and (c) and deposit the amount of the deductions in the miscellaneous receipts of the Treasury. When the Secretary allows the lessee to deduct transportation or processing costs under subsection (c), the Secretary may not reduce any payments to recipients of revenues derived from any other Federal oil and gas lease as a consequence of that deduction.

(f) Consultation with States The Secretary— shall consult with a State before conducting a royalty in-kind program under this part within the State; may delegate management of any portion of the Federal royalty in-kind program to the State except as otherwise prohibited by Federal law; and shall consult annually with any State from which Federal oil or gas royalty is being taken in-kind to ensure, to the maximum extent practicable, that the royalty in-kind program provides revenues to the State greater than or equal to the revenues likely to have been received had royalties been taken in-value.

(g) Small refineries If the Secretary finds that sufficient supplies of crude oil are not available in the open market to refineries that do not have their own source of supply for crude oil, the Secretary may grant preference to those refineries in the sale of any royalty oil accruing or reserved to the United States under Federal oil and gas leases issued under any mineral leasing law, for processing or use in those refineries at private sale at not less than the market price. In disposing of oil under this subsection, the Secretary may, at the discretion of the Secretary, prorate the oil among refineries described in paragraph (1) in the area in which the oil is produced.

(h) Disposition to Federal agencies Any royalty oil or gas taken by the Secretary in-kind from onshore oil and gas leases may be sold at not less than the market price to any Federal agency. Any royalty oil or gas taken in-kind from a Federal oil or gas lease on the outer Continental Shelf may be disposed of only under section 1353 of title 43 .

(i) Federal low-income energy assistance programs In disposing of royalty oil or gas taken in-kind under this section, the Secretary may grant a preference to any person, including any Federal or State agency, for the purpose of providing additional resources to any Federal low-income energy assistance program. Not later than 3 years after August 8, 2005 , the Secretary shall submit a report to Congress— assessing the effectiveness of granting preferences specified in paragraph (1); and providing a specific recommendation on the continuation of authority to grant preferences.

(j) McAlester Army Ammunition Plant At the request of the Secretary of Defense, the Secretary shall— take in-kind royalty gas from any lease on the McAlester Army Ammunition Plant in McAlester, Oklahoma; and sell such royalty gas to the Department of Defense in accordance with subsection (h)(1), for use only at that plant, only for energy resilience purposes, and only to the extent necessary to meet the natural gas needs of that plant.

§ 15903 Marginal property production incentives

(a) Definition of marginal property Until such time as the Secretary issues regulations under subsection (e) that prescribe a different definition, in this section, the term “marginal property” means an onshore unit, communitization agreement, or lease not within a unit or communitization agreement, that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90,000,000 British thermal units of gas per well per day calculated based on the average over the 3 most recent production months, including only wells that produce on more than half of the days during those 3 production months.

(b) Conditions for reduction of royalty rate Until such time as the Secretary issues regulations under subsection (e) that prescribe different standards or requirements, the Secretary shall reduce the royalty rate on— oil production from marginal properties as prescribed in subsection (c) if the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, is, on average, less than $15perbarrel(adjustedinaccordancewiththeConsumerPriceIndexforall-urbanconsumers,UnitedStatescityaverage,aspublishedbytheBureauofLaborStatistics)for90consecutivetradingdays;andgasproductionfrommarginalpropertiesasprescribedinsubsection(c)ifthespotpriceofnaturalgasdeliveredatHenryHub,Louisiana,is,onaverage,lessthan$2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days.

(c) Reduced royalty rate When a marginal property meets the conditions specified in subsection (b), the royalty rate shall be the lesser of— 5 percent; or the applicable rate under any other statutory or regulatory royalty relief provision that applies to the affected production. The reduced royalty rate under this subsection shall be effective beginning on the first day of the production month following the date on which the applicable condition specified in subsection (b) is met.

(d) Termination of reduced royalty rate A royalty rate prescribed in subsection (c)(1) shall terminate— with respect to oil production from a marginal property, on the first day of the production month following the date on which— the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, on average, exceeds $15perbarrel(adjustedinaccordancewiththeConsumerPriceIndexforall-urbanconsumers,UnitedStatescityaverage,aspublishedbytheBureauofLaborStatistics)for90consecutivetradingdays;orthepropertynolongerqualifiesasamarginalproperty;andwithrespecttogasproductionfromamarginalproperty,onthefirstdayoftheproductionmonthfollowingthedateonwhich—thespotpriceofnaturalgasdeliveredatHenryHub,Louisiana,onaverage,exceeds$2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; or the property no longer qualifies as a marginal property.

(e) Regulations prescribing different relief The Secretary may by regulation prescribe different parameters, standards, and requirements for, and a different degree or extent of, royalty relief for marginal properties in lieu of those prescribed in subsections (a) through (d). Unless a determination is made under paragraph (3), not later than 18 months after August 8, 2005 , the Secretary shall by regulation— prescribe standards and requirements for, and the extent of royalty relief for, marginal properties for oil and gas leases on the outer Continental Shelf; and define what constitutes a marginal property on the outer Continental Shelf for purposes of this section. To the extent the Secretary determines that it is not practicable to issue the regulations referred to in paragraph (2), the Secretary shall provide a report to Congress explaining such determination by not later than 18 months after August 8, 2005 . In issuing regulations under this subsection, the Secretary may consider— oil and gas prices and market trends; production costs; abandonment costs; Federal and State tax provisions and the effects of those provisions on production economics; other royalty relief programs; regional differences in average wellhead prices; national energy security issues; and other relevant matters, as determined by the Secretary.

(f) Savings provision Nothing in this section prevents a lessee from receiving royalty relief or a royalty reduction pursuant to any other law (including a regulation) that provides more relief than the amounts provided by this section.

§ 15904 Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico

(a) Royalty incentive regulations for ultra deep gas wells Not later than 180 days after August 8, 2005 , in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes of not less than 35 billion cubic feet with respect to the production of natural gas from ultra deep wells on leases issued in shallow waters less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register. The Secretary may grant suspension volumes of not less than 35 billion cubic feet in any case in which— the ultra deep well is a sidetrack; or the lease has previously produced from wells with a perforated interval the top of which is at least 15,000 feet true vertical depth below the datum at mean sea level. In this subsection: The term “ultra deep well” means a well drilled with a perforated interval, the top of which is at least 20,000 true vertical depth below the datum at mean sea level. The term “sidetrack” means a well resulting from drilling an additional hole to a new objective bottom-hole location by leaving a previously drilled hole. The term “sidetrack” includes— drilling a well from a platform slot reclaimed from a previously drilled well; re-entering and deepening a previously drilled well; and a bypass from a sidetrack, including drilling around material blocking a hole or drilling to straighten a crooked hole.

(b) Royalty incentive regulations for deep gas wells Not later than 180 days after August 8, 2005 , in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes with respect to production of natural gas from deep wells on leases issued in waters more than 200 meters but less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. The suspension volumes for deep wells within 200 to 400 meters of water depth shall be calculated using the same methodology used to calculate the suspension volumes for deep wells in the shallower waters of the Gulf of Mexico, and in no case shall the suspension volumes for deep wells within 200 to 400 meters of water depth be lower than those for deep wells in shallower waters. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register.

(c) Limitations The Secretary may place limitations on the royalty relief granted under this section based on market price. The royalty relief granted under this section shall not apply to a lease for which deep water royalty relief is available.

§ 15905 Royalty relief for deep water production

(a) In general Subject to subsections (b) and (c), for each tract located in water depths of greater than 400 meters in the Western and Central Planning Area of the Gulf of Mexico (including the portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude), any oil or gas lease sale under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.) occurring during the 5-year period beginning on August 8, 2005 , shall use the bidding system authorized under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(1)(H) ).

(b) Suspension of royalties The suspension of royalties under subsection (a) shall be established at a volume of not less than— 5,000,000 barrels of oil equivalent for each lease in water depths of 400 to 800 meters; 9,000,000 barrels of oil equivalent for each lease in water depths of 800 to 1,600 meters; 12,000,000 barrels of oil equivalent for each lease in water depths of 1,600 to 2,000 meters; and 16,000,000 barrels of oil equivalent for each lease in water depths greater than 2,000 meters.

(c) Limitation The Secretary may place limitations on royalty relief granted under this section based on market price.

§ 15906 North Slope Science Initiative

(a) Establishment The Secretary of the Interior shall establish a long-term initiative to be known as the “North Slope Science Initiative” (referred to in this section as the “Initiative”). The purpose of the Initiative shall be to implement efforts to coordinate collection of scientific data that will provide a better understanding of the terrestrial, aquatic, and marine ecosystems of the North Slope of Alaska.

(b) Objectives To ensure that the Initiative is conducted through a comprehensive science strategy and implementation plan, the Initiative shall, at a minimum— identify and prioritize information needs for inventory, monitoring, and research activities to address the individual and cumulative effects of past, ongoing, and anticipated development activities and environmental change on the North Slope; develop an understanding of information needs for regulatory and land management agencies, local governments, and the public; focus on prioritization of pressing natural resource management and ecosystem information needs, coordination, and cooperation among agencies and organizations; coordinate ongoing and future inventory, monitoring, and research activities to minimize duplication of effort, share financial resources and expertise, and assure the collection of quality information; identify priority needs not addressed by agency science programs in effect on August 8, 2005 , and develop a funding strategy to meet those needs; provide a consistent approach to high caliber science, including inventory, monitoring, and research; maintain and improve public and agency access to— accumulated and ongoing research; and contemporary and traditional local knowledge; and ensure through appropriate peer review that the science conducted by participating agencies and organizations is of the highest technical quality.

(c) Membership To ensure comprehensive collection of scientific data, in carrying out the Initiative, the Secretary shall consult and coordinate with Federal, State, and local agencies that have responsibilities for land and resource management across the North Slope. The Secretary shall enter into cooperative agreements with the State of Alaska, the North Slope Borough, the Arctic Slope Regional Corporation, and other Federal agencies as appropriate to coordinate efforts, share resources, and fund projects under this section.

(d) Science technical advisory panel The Initiative shall include a panel to provide advice on proposed inventory, monitoring, and research functions. The panel described in paragraph (1) shall consist of a representative group of not more than 15 scientists and technical experts from diverse professions and interests, including the oil and gas industry, subsistence users, Native Alaskan entities, conservation organizations, wildlife management organizations, and academia, as determined by the Secretary.

(e) Reports Not later than 3 years after August 8, 2005 , and each year thereafter, the Secretary shall publish a report that describes the studies and findings of the Initiative.

(f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

§ 15907 Orphaned well site plugging, remediation, and restoration

(a) Definitions In this section: The term “Federal land” means land administered by a land management agency within— the Department of Agriculture; or the Department of the Interior. The term “idled well” means a well— that has been nonoperational for not fewer than 4 years; and for which there is no anticipated beneficial future use. The term “Indian Tribe” has the meaning given the term in section 5304 of title 25 . The term “operator”, with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation. The term “orphaned well”— with respect to Federal land or Tribal land, means a well— 1 (I) that is not used for an authorized purpose, such as production, injection, or monitoring; and for which no operator can be located; the operator of which is unable— to plug the well; and to remediate and reclaim the well site; or that is within the National Petroleum Reserve–Alaska; and with respect to State or private land— has the meaning given the term by the applicable State; or if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State. The term “Tribal land” means any land or interest in land owned by an Indian Tribe, the title to which is— held in trust by the United States; or subject to a restriction against alienation under Federal law.

(b) Federal program Not later than 60 days after November 15, 2021 , the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land. The program under this subsection shall— include a method of— identifying, characterizing, and inventorying orphaned wells and associated pipelines, facilities, and infrastructure on Federal land; and ranking those orphaned wells for priority in plugging, remediation, and reclamation, based on— public health and safety; potential environmental harm; and other subsurface impacts or land use priorities; distribute funding in accordance with the priorities established under subparagraph (A)(ii) for— plugging orphaned wells; remediating and reclaiming well pads and facilities associated with orphaned wells; remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure; and remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines, facilities, and infrastructure; provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well; seek to determine the identities of potentially responsible parties associated with the orphaned well (or a surety or guarantor of such a party), to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable; measure or estimate and track— emissions of methane and other gases associated with orphaned wells; and contamination of groundwater or surface water associated with orphaned wells; and identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities. The Secretary, acting through the Director of the Bureau of Land Management, shall— periodically review all idled wells on Federal land; and reduce the inventory of idled wells on Federal land. In carrying out the program under this subsection, the Secretary shall— work cooperatively with— the Secretary of Agriculture; affected Indian Tribes; and each State within which Federal land is located; and consult with— the Secretary of Energy; and the Interstate Oil and Gas Compact Commission.

(c) Funding for State programs The Secretary shall provide to States, in accordance with this subsection— initial grants under paragraph (3); formula grants under paragraph (4); and performance grants under paragraph (5). A State may use funding provided under this subsection for any of the following purposes: To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land. To identify and characterize undocumented orphaned wells on State and private land. To rank orphaned wells based on factors including— public health and safety; potential environmental harm; and other land use priorities. To make information regarding the use of funds received under this subsection available on a public website. To measure and track— emissions of methane and other gases associated with orphaned wells; and contamination of groundwater or surface water associated with orphaned wells. To remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure. To remediate land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure. To identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities. Subject to subparagraph (B), to administer a program to carry out any activities described in clauses (i) through (viii). Except as provided in clause (ii), a State shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(ix). The limitation under clause (i) shall not apply to funds used by a State as described in paragraph (3)(A)(ii). Subject to the availability of appropriations, the Secretary shall distribute— not more than $25,000,000toeachStatethatsubmitstotheSecretary,bynotlaterthan180daysafterNovember15,2021,arequestforfundingunderthisclause,including—anestimateofthenumberofjobsthatwillbecreatedorsavedthroughtheactivitiesproposedtobefunded;andacertificationthat—theStateisaMemberStateorAssociateMemberStateoftheInterstateOilandGasCompactCommission;thereare1ormoredocumentedorphanedwellslocatedintheState;andtheStatewillusenotlessthan90percentofthefundingrequestedunderthissubsectiontoissuenewcontracts,amendexistingcontracts,orissuegrantsforplugging,remediation,andreclamationworkbynotlaterthan90daysafterthedateofreceiptofthefunds;andnotmorethan$5,000,000 to each State that— requests funding under this clause; does not receive a grant under clause (i); and certifies to the Secretary that— the State— has in effect a plugging, remediation, and reclamation program for orphaned wells; or the capacity to initiate such a program; or the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5). Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable. A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 1 year after the date of receipt of the funds. Not later than 15 months after the date on which a State receives funds under this paragraph, the State shall submit to the Secretary a report that describes the means by which the State used the funds in accordance with the certification submitted by the State under subparagraph (A). The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph. A State referred to in clause (i) is a State that, by not later than 45 days after November 15, 2021 , submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State. The formula established under clause (i) shall account for, with respect to an applicant State, the following factors: Job losses in the oil and gas industry in the State during the period— beginning on March 1, 2020 ; and ending on November 15, 2021 . The number of documented orphaned wells located in the State, and the projected cost— to plug or reclaim those orphaned wells; to reclaim adjacent land; and to decommission or remove associated pipelines, facilities, and infrastructure. Not later than 75 days after November 15, 2021 , the Secretary shall publish on a public website the amount that each State is eligible to receive under the formula under this subparagraph. To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes— a description of— the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant; the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and the means by which the information regarding the activities of the State under this paragraph will be made available on a public website; an estimate of— the number of orphaned wells in the State that will be plugged, remediated, or reclaimed; the projected cost of— plugging, remediating, or reclaiming orphaned wells; remediating or reclaiming adjacent land; and decommissioning or removing associated pipelines, facilities, and infrastructure; the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land; the number of jobs that will be created or saved through the activities to be funded under this paragraph; and the amount of funds to be spent on administrative costs; a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and the definitions and processes used by the State to formally identify a well as— an orphaned well; or if the State uses different terminology, otherwise eligible for plugging, remediation, and reclamation by the State. Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds. In making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with— the Administrator of the Environmental Protection Agency; the Secretary of Energy; and the Interstate Oil and Gas Compact Commission. The Secretary shall provide to States, in accordance with this paragraph— regulatory improvement grants under subparagraph (E); and matching grants under subparagraph (F). To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including— each element described in an application for a grant under paragraph (4)(B); activities carried out by the State to address orphaned wells located in the State, including— increasing State spending on well plugging, remediation, and reclamation; or improving regulation of oil and gas wells; and the means by which the State will use funds provided under this paragraph— to lower unemployment in the State; and to improve economic conditions in economically distressed areas of the State. Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with— the Administrator of the Environmental Protection Agency; the Secretary of Energy; and the Interstate Oil and Gas Compact Commission. Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria: The State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment. The State has made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment. The Secretary may issue to a State under this subparagraph not more than 1 grant for each criterion described in subclause (I) or (II) of clause (i). The amount of a single grant provided to a State under this subparagraph shall be not more than $20,000,000.AStatethatreceivesagrantunderthissubparagraphshallreimbursetheSecretaryinanamountequaltotheamountofthegrantinanycaseinwhich,duringthe10-yearperiodbeginningonthedateofreceiptofthegrant,theStateenactsalaworregulationthat,ifineffectonthedateofsubmissionoftheapplicationundersubparagraph(B),wouldhavepreventedtheStatefrombeingeligibletoreceivethegrantunderclause(i).Beginningonthedatethatis180daysafterthedateonwhichaninitialgrantisprovidedtoaStateunderparagraph(3),theSecretaryshall,subjecttotheavailabilityofappropriations,providetotheStatefunding,inanamountequaltothedifferencebetween—theaverageannualamountexpendedbytheStateduringtheperiodoffiscalyears2010through2019—toplug,remediate,andreclaimorphanedwells;andtodecommissionorremoveassociatedpipelines,facilities,orinfrastructure;andtheamountthattheStatecertifiestotheSecretarytheStatewillexpend,duringthefiscalyearinwhichtheStatewillreceivethegrantunderthissubparagraph—toplug,remediate,andreclaimorphanedwells;toremediateorreclaimadjacentland;andtodecommissionorremoveassociatedpipelines,facilities,andinfrastructure.TheSecretarymayissuetoaStateunderthissubparagraphnotmorethan1grantforeachfiscalyear.TheSecretarymayprovidetoaStateunderthissubparagraphatotalamountequaltonotmorethan$30,000,000 during the period of fiscal years 2022 through 2031.

(d) Tribal orphaned well site plugging, remediation, and restoration The Secretary shall establish a program under which the Secretary shall— provide to Indian Tribes grants in accordance with this subsection; or on request of an Indian Tribe and in lieu of a grant under subparagraph (A), administer and carry out plugging, remediation, and reclamation activities in accordance with paragraph (7). An Indian Tribe may use a grant received under this subsection— to plug, remediate, or reclaim an orphaned well on Tribal land; to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines, facilities, or infrastructure on Tribal land; to remediate Tribal land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure; to provide an online public accounting of the cost of plugging, remediation, and reclamation for each orphaned well site on Tribal land; to identify and characterize undocumented orphaned wells on Tribal land; and to develop or administer a Tribal program to carry out any activities described in clauses (i) through (v). Except as provided in clause (ii), an Indian Tribe shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(vi). The limitation under clause (i) shall not apply to any funds used to carry out an administrative action necessary for the development of a Tribal program described in subparagraph (A)(vi). In determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration— the unemployment rate of the Indian Tribe on the date on which the Indian Tribe submits an application under paragraph (4); and the estimated number of orphaned wells on the Tribal land of the Indian Tribe. To be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes— a description of— the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian Tribe to carry out the proposed activities, or plans to develop such a program; and the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and an estimate of— the number of orphaned wells that will be plugged, remediated, or reclaimed; and the projected cost of— plugging, remediating, or reclaiming orphaned wells; remediating or reclaiming adjacent land; and decommissioning or removing associated pipelines, facilities, and infrastructure. Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4). An Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation. In lieu of a grant under this subsection, an Indian Tribe may submit to the Secretary a request for the Secretary to administer and carry out plugging, remediation, and reclamation activities relating to an orphaned well on behalf of the Indian Tribe. Subject to the availability of appropriations under subsection (h)(1)(E), on submission of a request under subparagraph (A), the Secretary shall administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land.

(e) Technical assistance The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation.

(f) Report to Congress Not later than 1 year after November 15, 2021 , and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the program established and grants awarded under this section, including— an updated inventory of wells located on Federal land, Tribal land, and State and private land that are— orphaned wells; or at risk of becoming orphaned wells; an estimate of the quantities of— methane and other gasses emitted from orphaned wells; and emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells; the number of jobs created and saved through the plugging, remediation, and reclamation of orphaned wells; and the acreage of habitat restored using grants awarded to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description of the purposes for which that land is likely to be used in the future.

(g) Effect of section Nothing in this section establishes or expands the responsibility or liability of any entity with respect to— plugging any well; or remediating or reclaiming any well site. Nothing in this section— relieves the Secretary of any obligation under section 396c of title 25 , to plug, remediate, or reclaim an orphaned well located on Tribal land; or absolves the United States from a responsibility to plug, remediate, or reclaim an orphaned well located on Tribal land or any other responsibility to an Indian Tribe, including any responsibility that derives from— the trust relationship between the United States and Indian Tribes; any treaty, law, or Executive order; or any agreement between the United States and an Indian Tribe. Nothing in this section absolves the owner or operator of an oil or gas well of any potential liability for— reimbursement of any plugging or reclamation costs associated with the well; or any adverse effect of the well on the environment.

(h) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022, to remain available until September 30, 2030 : to the Secretary— $250,000,000tocarryouttheprogramundersubsection(b);$775,000,000 to provide grants under subsection (c)(3); $2,000,000,000toprovidegrantsundersubsection(c)(4);$1,500,000,000 to provide grants under subsection (c)(5); and $150,000,000tocarryouttheprogramundersubsection(d);totheSecretaryofEnergy,$30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in— identifying and characterizing undocumented orphaned wells; and mitigating the environmental risks of undocumented orphaned wells; and to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this section.

§ 15908 Preservation of geological and geophysical data

(a) Short title This section may be cited as the “National Geological and Geophysical Data Preservation Program Act of 2005”.

(b) Program The Secretary shall carry out a National Geological and Geophysical Data Preservation Program in accordance with this section— to archive geologic, geophysical, and engineering data, maps, well logs, and samples; to provide a national catalog of such archival material; to provide technical and financial assistance related to the archival material; and to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 1606(a) of title 30 ) ore bodies for use in provenance tracking frameworks.

(c) Plan Not later than 1 year after August 8, 2005 , the Secretary shall submit to Congress a plan for the implementation of the Program.

(d) Data archive system The Secretary shall establish, as a component of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and samples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved. The system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies. The Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State. The data archive system shall provide for the archiving of relevant subsurface data and samples obtained from Federal land— in the most appropriate repository designated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and consistent with all applicable law and requirements relating to confidentiality and proprietary data.

(e) National catalog As soon as practicable after August 8, 2005 , the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies— data and samples available in the data archive system established under subsection (d); the repository for particular material in the system; and the means of accessing the material. The Secretary shall make the national catalog accessible to the public on the site of the Survey on the Internet, consistent with all applicable requirements related to confidentiality and proprietary data.

(f) Advisory Committee The Advisory Committee shall advise the Secretary on planning and implementation of the Program. In addition to its duties under the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31a et seq.), the Advisory Committee shall perform the following duties: Advise the Secretary on developing guidelines and procedures for providing assistance for facilities under subsection (g)(1). Review and critique the draft implementation plan prepared by the Secretary under subsection (c). Identify useful studies of data archived under the Program that will advance understanding of the Nation’s energy and mineral resources, geologic hazards, and engineering geology. Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Program. Include in the annual report to the Secretary required under section 5(b)(3) 1 of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31d(b)(3) ) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under subsection (b).

(g) Financial assistance Subject to the availability of appropriations, the Secretary shall provide financial assistance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material. Subject to the availability of appropriations, the Secretary shall provide financial assistance to any State agency designated under subsection (d)(2) for studies and technical assistance activities that enhance understanding, interpretation, and use of materials archived in the data archive system established under subsection (d). The Federal share of the cost of an activity carried out with assistance under this subsection shall be not more than 50 percent of the total cost of the activity. The Secretary shall apply to the non-Federal share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity.

(h) Report The Secretary shall include in each report under section 8 of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31g )— a description of the status of the Program; an evaluation of the progress achieved in developing the Program during the period covered by the report; and any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b).

(i) Maintenance of State effort It is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program.

(j) Definitions In this section: The term “Advisory Committee” means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31d ). The term “Program” means the National Geological and Geophysical Data Preservation Program carried out under this section. The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey. The term “Survey” means the United States Geological Survey.

(k) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended.

§ 15909 Gas hydrate production incentive

(a) Purpose The purpose of this section is to promote natural gas production from the natural gas hydrate resources on the outer Continental Shelf and Federal lands in Alaska by providing royalty incentives.

(b) Suspension of royalties The Secretary may grant royalty relief in accordance with this section for natural gas produced from gas hydrate resources under an eligible lease. A lease shall be an eligible lease for purposes of this section if— it is issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.), or is an oil and gas lease issued for onshore Federal lands in Alaska; it is issued prior to January 1, 2016 ; and production under the lease of natural gas from gas hydrate resources commences prior to January 1, 2018 . The Secretary shall conduct a rulemaking and grant royalty relief under this section as a suspension volume if the Secretary determines that such royalty relief would encourage production of natural gas from gas hydrate resources from an eligible lease. The maximum suspension volume shall be 30 billion cubic feet of natural gas per lease. Such relief shall be in addition to any other royalty relief under any other provision applicable to the lease that does not specifically grant a gas hydrate production incentive. Such royalty suspension volume shall be applied to any eligible production occurring on or after the date of publication of the advanced notice of proposed rulemaking. The Secretary may place limitations on royalty relief granted under this section based on market price.

(c) Application This section shall apply to any eligible lease issued before, on, or after August 8, 2005 .

(d) Rulemakings The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005 , and complete the rulemaking implementing this section within 365 days after August 8, 2005 . Such regulations shall define the term “gas hydrate resources” to include both the natural gas content of gas hydrates within the hydrate stability zone and free natural gas trapped by and beneath the hydrate stability zone.

(e) Review Not later than 365 days after August 8, 2005 , the Secretary, in consultation with the Secretary of Energy, shall carry out a review of, and submit to Congress a report on, further opportunities to enhance production of natural gas from gas hydrate resources on the outer Continental Shelf and on Federal lands in Alaska through the provision of other production incentives or through technical or financial assistance.

§ 15910 Enhanced oil and natural gas production through carbon dioxide injection

(a) Production incentive Congress finds the following: Approximately two-thirds of the original oil in place in the United States remains unproduced. Enhanced oil and natural gas production from the sequestering of carbon dioxide and other appropriate gases has the potential to increase oil and natural gas production. Capturing and productively using carbon dioxide would help reduce the carbon intensity of the economy. The purpose of this section is— to promote the capturing, transportation, and injection of produced carbon dioxide, natural carbon dioxide, and other appropriate gases or other matter for sequestration into oil and gas fields; and to promote oil and natural gas production from the outer Continental Shelf and onshore Federal lands under lease by providing royalty incentives to use enhanced recovery techniques using injection of the substances referred to in subparagraph (A).

(b) Suspension of royalties If the Secretary determines that reduction of the royalty under a Federal oil and gas lease that is an eligible lease is in the public interest and promotes the purposes of this section, the Secretary shall undertake a rulemaking to provide for such reduction for an eligible lease. The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005 , and complete the rulemaking implementing this section within 365 days after August 8, 2005 . A lease shall be an eligible lease for purposes of this section if— it is a lease for production of oil and gas from the outer Continental Shelf or Federal onshore lands; the injection of the substances referred to in subsection (a)(2)(A) will be used as an enhanced recovery technique on such lease; and the Secretary determines that the lease contains oil or gas that would not likely be produced without the royalty reduction provided under this section. The rulemaking shall provide for a suspension volume, which shall not exceed 5,000,000 barrels of oil equivalent for each eligible lease. Such suspension volume shall be applied to any production from an eligible lease occurring on or after the date of publication of any advanced notice of proposed rulemaking under this subsection. The Secretary may place limitations on the royalty reduction granted under this section based on market price. This section shall apply to any eligible lease issued before, on, or after August 8, 2005 .

(c) Demonstration program The Secretary of Energy shall establish a competitive grant program to provide grants to producers of oil and gas to carry out projects to inject carbon dioxide for the purpose of enhancing recovery of oil or natural gas while increasing the sequestration of carbon dioxide. The demonstration program shall provide for— not more than 10 projects in the Willistin Basin in North Dakota and Montana; and 1 project in the Cook Inlet Basin in Alaska. The Secretary of Energy shall issue requirements relating to applications for grants under paragraph (1). The issuance of requirements under subparagraph (A) shall not require a rulemaking. At a minimum, the Secretary shall require under subparagraph (A) that an application for a grant include— a description of the project proposed in the application; an estimate of the production increase and the duration of the production increase from the project, as compared to conventional recovery techniques, including water flooding; an estimate of the carbon dioxide sequestered by project, over the life of the project; a plan to collect and disseminate data relating to each project to be funded by the grant; a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant; a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; a description of which costs of the project will be supported by Federal assistance under this section; and a description of any secondary or tertiary recovery efforts in the field and the efficacy of water flood recovery techniques used. An applicant for a grant under paragraph (1) may carry out a project under a pilot program in partnership with 1 or more other public or private entities. In evaluating applications under this subsection, the Secretary of Energy shall— consider the previous experience with similar projects of each applicant; and give priority consideration to applications that— are most likely to maximize production of oil and gas in a cost-effective manner; sequester significant quantities of carbon dioxide from anthropogenic sources; 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 section is completed; and minimize any adverse environmental effects from the project. The Secretary of Energy shall not provide more than $3,000,000 in Federal assistance under this subsection to any applicant. The Secretary of Energy shall require cost-sharing under this subsection in accordance with section 16352 of this title . A project funded by a grant under this subsection shall begin construction not later than 2 years after the date of provision of the grant, but in any case not later than December 31, 2010 . The Secretary shall not provide grant funds to any applicant under this subsection for a period of more than 5 years. The Secretary of Energy shall establish mechanisms to ensure that the information and knowledge gained by participants in the program under this subsection are transferred among other participants and interested persons, including other applicants that submitted applications for a grant under this subsection. Not later than 180 days after August 8, 2005 , the Secretary of Energy shall publish in the Federal Register, and elsewhere, as appropriate, a request for applications to carry out projects under this subsection. An application for a grant under this subsection shall be submitted not later than 180 days after the date of publication of the request under subparagraph (A). After the date by which applications for grants are required to be submitted under subparagraph (B), the Secretary of Energy, in a timely manner, shall select, after peer review and based on the criteria under paragraph (4), those projects to be awarded a grant under this subsection.

(d) Records and inventory The Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on, and an inventory of, the quantity of carbon dioxide stored within Federal mineral leaseholds.

(e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

§ 15911 Denali Commission

(a) Definition of Commission In this section, the term “Commission” means the Denali Commission established by the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ).

(b) Energy programs The Commission shall use amounts made available under subsection (d) to carry out energy programs, including— energy generation and development, including— fuel cells, hydroelectric, solar, wind, wave, and tidal energy; and alternative energy sources; the construction of energy transmission, including interties; the replacement and cleanup of fuel tanks; the construction of fuel transportation networks and related facilities; power cost equalization programs; and projects using coal as a fuel, including coal gasification projects.

(c) Open meetings Except as provided in paragraph (2), a meeting of the Commission shall be open to the public if— the Commission members take action on behalf of the Commission; or the deliberations of the Commission determine, or result in the joint conduct or disposition of, official Commission business. Paragraph (1) shall not apply to any portion of a Commission meeting for which the Commission, in public session, votes to close the meeting for the reasons described in paragraph (2), (4), (5), or (6) of subsection (c) of section 552b of title 5 . At least 1 week before a meeting of the Commission, the Commission shall make a public announcement of the meeting that describes— the time, place, and subject matter of the meeting; whether the meeting is to be open or closed to the public; and the name and telephone number of an appropriate person to respond to requests for information about the meeting. The Commission shall make a public announcement of any change to the information made available under subparagraph (A) at the earliest practicable time. The Commission shall keep, and make available to the public, a transcript, electronic recording, or minutes from each Commission meeting, except for portions of the meeting closed under paragraph (2).

(d) Authorization of appropriations There is authorized to be appropriated to the Commission not more than $55,000,000 for each of fiscal years 2006 through 2015 to carry out subsection (b).

§ 15912 Comprehensive inventory of OCS oil and natural gas resources

(a) In general The Secretary shall conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the United States Outer Continental Shelf (“OCS”). The inventory and analysis shall— use available data on oil and gas resources in areas offshore of Mexico and Canada that will provide information on trends of oil and gas accumulation in areas of the OCS; use any available technology, except drilling, but including 3–D seismic technology to obtain accurate resource estimates; analyze how resource estimates in OCS areas have changed over time in regards to gathering geological and geophysical data, initial exploration, or full field development, including areas such as the deepwater and subsalt areas in the Gulf of Mexico; estimate the effect that understated oil and gas resource inventories have on domestic energy investments; and identify and explain how legislative, regulatory, and administrative programs or processes restrict or impede the development of identified resources and the extent that they affect domestic supply, such as moratoria, lease terms and conditions, operational stipulations and requirements, approval delays by the Federal Government and coastal States, and local zoning restrictions for onshore processing facilities and pipeline landings.

(b) Reports The Secretary shall submit a report to Congress on the inventory of estimates and the analysis of restrictions or impediments, together with any recommendations, within 6 months of August 8, 2005 . The report shall be publicly available and updated at least every 5 years.

§ 15921 Management of Federal oil and gas leasing programs

(a) Timely action on leases and permits To ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall— ensure expeditious compliance with section 4332(2)(C) of this title and any other applicable environmental and cultural resources laws; improve consultation and coordination with the States and the public; and improve the collection, storage, and retrieval of information relating to the oil and gas leasing activities. To ensure timely action on oil and gas lease applications for permits to drill on land otherwise available for leasing, the Secretary of Agriculture shall— ensure expeditious compliance with all applicable environmental and cultural resources laws; and improve the collection, storage, and retrieval of information relating to the oil and gas leasing activities.

(b) Best management practices Not later than 18 months after August 8, 2005 , the Secretary shall develop and implement best management practices to— improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act ( 30 U.S.C. 181 et seq.); and ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing. In developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 361. 1 Not later than 180 days after the development of the best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the best management practices, including deadlines for— approving or disapproving— resource management plans and related documents; lease applications; applications for permits to drill; and surface use plans; and related administrative appeals.

(c) Improved enforcement The Secretary and the Secretary of Agriculture shall improve inspection and enforcement of oil and gas activities, including enforcement of terms and conditions in permits to drill on land under the jurisdiction of the Secretary and the Secretary of Agriculture, respectively.

(d) Authorization of appropriations In addition to amounts made available to carry out activities relating to oil and gas leasing on public land administered by the Secretary and National Forest System land administered by the Secretary of Agriculture, there are authorized to be appropriated for each of fiscal years 2006 through 2010— to the Secretary, acting through the Director of the Bureau of Land Management— $40,000,000tocarryoutsubsections(a)(1)and(b);and$20,000,000 to carry out subsection (c); to the Secretary, acting through the Director of the United States Fish and Wildlife Service, $5,000,000tocarryoutsubsection(a)(1);andtotheSecretaryofAgriculture,actingthroughtheChiefoftheForestService,$5,000,000 to carry out subsections (a)(2) and (c).

§ 15922 Consultation regarding oil and gas leasing on public land

(a) In general Not later than 180 days after August 8, 2005 , the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on— public land under the jurisdiction of the Secretary of the Interior; and National Forest System land under the jurisdiction of the Secretary of Agriculture.

(b) Contents The memorandum of understanding shall include provisions that— establish administrative procedures and lines of authority that ensure timely processing of— oil and gas lease applications; surface use plans of operation, including steps for processing surface use plans; and applications for permits to drill consistent with applicable timelines; eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts; ensure that lease stipulations are— applied consistently; coordinated between agencies; and only as restrictive as necessary to protect the resource for which the stipulations are applied; establish a joint data retrieval system that is capable of— tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture; and establish a joint geographic information system mapping system for use in— tracking surface resource values to aid in resource management; and processing surface use plans of operation and applications for permits to drill.

§ 15923 Methodology

The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources. ( Pub. L. 109–58, title III, § 364(b) , Aug. 8, 2005 , 119 Stat. 723 .)

§ 15924 Project to improve Federal permit coordination

(a) Establishment The Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a Federal Permit Streamlining Project (referred to in this section as the “Project”).

(b) Memorandum of understanding Not later than 90 days after August 8, 2005 , the Secretary shall enter into a memorandum of understanding for purposes of this section with— the Secretary of Agriculture; the Administrator of the Environmental Protection Agency; and the Chief of Engineers. The Secretary may request that the Governors of the States in which Project offices are located be signatories to the memorandum of understanding.

(c) Designation of qualified staff Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the field offices identified in subsection (d) an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— the consultations and the preparation of biological opinions under section 1536 of title 16 ; permits under section 1344 of title 33 ; regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq.); planning under the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq.); and the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). Each employee assigned under paragraph (1) shall— not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses.

(d) Project offices The following Bureau of Land Management Offices shall serve as the Project offices: Rawlins Field Office, Wyoming. High Plains District Office, Wyoming. Montana/Dakotas State Office, Montana. Farmington Field Office, New Mexico. Carlsbad Field Office, New Mexico. Grand Junction/Glenwood Springs Field Office, Colorado. Vernal Field Office, Utah. Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.

(e) Report to Congress Not later than February 1 of the first fiscal year beginning after the date of enactment of the National Defense Authorization Act for Fiscal Year 2015 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include— the allocation of funds to each Project office for the previous fiscal year; and the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.

(f) Additional personnel The Secretary shall assign to each field office identified in subsection (d) any additional personnel that are necessary to ensure the effective implementation of— the Project; and other programs administered by the field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.).

(g) Omitted

(h) Transfer of funds For the purposes of coordination and processing of oil and gas use authorizations on Federal land under the administration of the Project offices identified in subsection (d), the Secretary may authorize the expenditure or transfer of such funds as are necessary to— the United States Fish and Wildlife Service; the Bureau of Indian Affairs; the Forest Service; the Environmental Protection Agency; the Corps of Engineers; and the States in which Project offices are located.

(i) Savings provision Nothing in this section affects— the operation of any Federal or State law; or any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.

§ 15925 Fair market value determinations for linear rights-of-way across public lands and national forests

(a) Update of fee schedule Not later than 1 year after August 8, 2005 — the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 , to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq.) on National Forest System land.

(b) Fair market value rental determination for linear rights-of-way The fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764 ) or section 185 of title 30 shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).

§ 15926 Energy right-of-way corridors on Federal land

(a) Western States Not later than 2 years after August 8, 2005 , the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as “the Secretaries”), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall— designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702( o ) of title 43; 1 perform any environmental reviews that may be required to complete the designation of such corridors; and incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans.

(b) Other States Not later than 4 years after August 8, 2005 , the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly— identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in subsection (a); and schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans.

(c) Ongoing responsibilities The Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedures under their respective authorities that— ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land are promptly identified and designated as necessary; and expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities within such corridors, taking into account prior analyses and environmental reviews undertaken during the designation of such corridors.

(d) Considerations In carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribution facilities to— improve reliability; relieve congestion; and enhance the capability of the national grid to deliver electricity.

(e) Specifications of corridor A corridor designated under this section shall, at a minimum, specify the centerline, width, and compatible uses of the corridor.

§ 15927 Oil shale, tar sands, and other strategic unconventional fuels

(a) Short title This section may be cited as the “Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005”.

(b) Declaration of policy Congress declares that it is the policy of the United States that— United States oil shale, tar sands, and other unconventional fuels are strategically important domestic resources that should be developed to reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports; the development of oil shale, tar sands, and other strategic unconventional fuels, for research and commercial development, should be conducted in an environmentally sound manner, using practices that minimize impacts; and development of those strategic unconventional fuels should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities.

(c) Leasing program for research and development of oil shale and tar sands In accordance with section 241 of title 30 and any other applicable law, except as provided in this section, not later than 180 days after August 8, 2005 , from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to technologies for the recovery of liquid fuels from oil shale and tar sands resources on public lands. Prospective public lands within each of the States of Colorado, Utah, and Wyoming shall be made available for such research and development leasing.

(d) Programmatic environmental impact statement and commercial leasing program for oil shale and tar sands Not later than 18 months after August 8, 2005 , in accordance with section 4332(2)(C) of this title , the Secretary shall complete a programmatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands, with an emphasis on the most geologically prospective lands within each of the States of Colorado, Utah, and Wyoming. Not later than 6 months after the completion of the programmatic environmental impact statement under this subsection, the Secretary shall publish a final regulation establishing such program.

(e) Commencement of commercial leasing of oil shale and tar sands Not later than 180 days after publication of the final regulation required by subsection (d), the Secretary shall consult with the Governors of States with significant oil shale and tar sands resources on public lands, representatives of local governments in such States, interested Indian tribes, and other interested persons, to determine the level of support and interest in the States in the development of tar sands and oil shale resources. If the Secretary finds sufficient support and interest exists in a State, the Secretary may conduct a lease sale in that State under the commercial leasing program regulations. Evidence of interest in a lease sale under this subsection shall include, but not be limited to, appropriate areas nominated for leasing by potential lessees and other interested parties.

(f) Diligent development requirements The Secretary shall, by regulation, designate work requirements and milestones to ensure the diligent development of the lease.

(g) Initial report by the Secretary of the Interior Within 90 days after August 8, 2005 , the Secretary of the Interior shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on— the interim actions necessary to— develop the program, complete the programmatic environmental impact statement, and promulgate the final regulation as required by subsection (d); and conduct the first lease sales under the program as required by subsection (e); and a schedule to complete such actions within the time limits mandated by this section.

(h) Task Force The Secretary of Energy, in cooperation with the Secretary of the Interior and the Secretary of Defense, shall establish a task force to develop a program to coordinate and accelerate the commercial development of strategic unconventional fuels, including but not limited to oil shale and tar sands resources within the United States, in an integrated manner. The Task Force shall be composed of— the Secretary of Energy (or the designee of the Secretary); the Secretary of the Interior (or the designee of the Secretary of the Interior); the Secretary of Defense (or the designee of the Secretary of Defense); the Governors of affected States; and representatives of local governments in affected areas. The Task Force shall make such recommendations regarding promoting the development of the strategic unconventional fuels resources within the United States as it may deem appropriate. The Task Force shall make recommendations with respect to initiating a partnership with the Province of Alberta, Canada, for purposes of sharing information relating to the development and production of oil from tar sands, and similar partnerships with other nations that contain significant oil shale resources. Not later than 180 days after August 8, 2005 , the Task Force shall submit to the President and Congress a report that describes the analysis and recommendations of the Task Force. The Secretary shall provide an annual report describing the progress in developing the strategic unconventional fuels resources within the United States for each of the 5 years following submission of the report provided for in subparagraph (A).

(i) Office of Petroleum Reserves The Office of Petroleum Reserves of the Department of Energy shall— coordinate the creation and implementation of a commercial strategic fuel development program for the United States; evaluate the strategic importance of unconventional sources of strategic fuels to the security of the United States; promote and coordinate Federal Government actions that facilitate the development of strategic fuels in order to effectively address the energy supply needs of the United States; identify, assess, and recommend appropriate actions of the Federal Government required to assist in the development and manufacturing of strategic fuels; and coordinate and facilitate appropriate relationships between private industry and the Federal Government to promote sufficient and timely private investment to commercialize strategic fuels for domestic and military use. The Office of Petroleum Reserves shall work closely with the Task Force and coordinate its staff support.

(j) Omitted

(k) Interagency coordination and expeditious review of permitting process Upon written request of a prospective applicant for Federal authorization to develop a proposed oil shale or tar sands project, the Department of the Interior shall act as the lead Federal agency for the purposes of coordinating all applicable Federal authorizations and environmental reviews. 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. Not later than 6 months after August 8, 2005 , the Secretary shall issue any regulations necessary to implement this subsection.

(l) Cost-shared demonstration technologies The Secretary of Energy shall identify technologies for the development of oil shale and tar sands that— are ready for demonstration at a commercially-representative scale; and have a high probability of leading to commercial production. For each technology identified under paragraph (1), the Secretary of Energy may provide— technical assistance; assistance in meeting environmental and regulatory requirements; and cost-sharing assistance.

(m) National oil shale and tar sands assessment The Secretary shall carry out a national assessment of oil shale and tar sands resources for the purposes of evaluating and mapping oil shale and tar sands deposits, in the geographic areas described in subparagraph (B). In conducting such an assessment, the Secretary shall make use of the extensive geological assessment work for oil shale and tar sands already conducted by the United States Geological Survey. The geographic areas referred to in subparagraph (A), listed in the order in which the Secretary shall assign priority, are— the Green River Region of the States of Colorado, Utah, and Wyoming; the Devonian oil shales and other hydrocarbon-bearing rocks having the nomenclature of “shale” located east of the Mississippi River; and any remaining area in the central and western United States (including the State of Alaska) that contains oil shale and tar sands, as determined by the Secretary. In carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological survey or university.

(n) Land exchanges To facilitate the recovery of oil shale and tar sands, especially in areas where Federal, State, and private lands are intermingled, the Secretary shall consider the use of land exchanges where appropriate and feasible to consolidate land ownership and mineral interests into manageable areas. The Secretary shall identify public lands containing deposits of oil shale or tar sands within the Green River, Piceance Creek, Uintah, and Washakie geologic basins, and shall give priority to implementing land exchanges within those basins. The Secretary shall consider the geology of the respective basin in determining the optimum size of the lands to be consolidated. A land exchange undertaken in furtherance of this subsection shall be implemented in accordance with section 1716 of title 43 .

(o) Royalty rates for leases The Secretary shall establish royalties, fees, rentals, bonus, or other payments for leases under this section that shall— encourage development of the oil shale and tar sands resource; and ensure a fair return to the United States.

(p) Heavy oil technical and economic assessment The Secretary of Energy shall update the 1987 technical and economic assessment of domestic heavy oil resources that was prepared by the Interstate Oil and Gas Compact Commission. Such an update should include all of North America and cover all unconventional oil, including heavy oil, tar sands (oil sands), and oil shale.

(q) Omitted

(r) State water rights Nothing in this section preempts or affects any State water law or interstate compact relating to water.

(s) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

§ 15928 Consultation regarding energy rights-of-way on public land

(a) Memorandum of understanding Not later than 6 months after August 8, 2005 , the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility. The memorandum of understanding shall include provisions that— establish— a unified right-of-way application form; and an administrative procedure for processing right-of-way applications, including lines of authority, steps in application processing, and timeframes for application processing; provide for coordination of planning relating to the granting of the rights-of-way; provide for an agreement among the affected Federal agencies to prepare a single environmental review document to be used as the basis for all Federal authorization decisions; and provide for coordination of use of right-of-way stipulations to achieve consistency.

(b) Natural gas pipelines With respect to permitting activities for interstate natural gas pipelines, the May 2002 document entitled “Interagency Agreement On Early Coordination Of Required Environmental And Historic Preservation Reviews Conducted In Conjunction With The Issuance Of Authorizations To Construct And Operate Interstate Natural Gas Pipelines Certificated By The Federal Energy Regulatory Commission” shall constitute compliance with subsection (a). Not later than 1 year after August 8, 2005 , and every 2 years thereafter, agencies that are signatories to the document referred to in paragraph (1) shall transmit to Congress a report on how the agencies under the jurisdiction of the Secretaries are incorporating and implementing the provisions of the document referred to in paragraph (1). The report shall address— efforts to implement the provisions of the document referred to in paragraph (1); whether the efforts have had a streamlining effect; further improvements to the permitting process of the agency; and recommendations for inclusion of State and tribal governments in a coordinated permitting process.

(c) Definition of utility facility In this section, the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system— for the transportation of— oil, natural gas, synthetic liquid fuel, or gaseous fuel; any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or products in support of the production of material referred to in subparagraph (A) or (B); for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or for the generation, transmission, and distribution of electric energy.

§ 15941 Great Lakes oil and gas drilling ban

No Federal or State permit or lease shall be issued for new oil and gas slant, directional, or offshore drilling in or under one or more of the Great Lakes. ( Pub. L. 109–58, title III, § 386 , Aug. 8, 2005 , 119 Stat. 744 .)

§ 15942 NEPA review

(a) NEPA review Action by the Secretary of the Interior in managing the public lands, or the Secretary of Agriculture in managing National Forest System Lands, with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq.] (NEPA) would apply if the activity is conducted pursuant to the Mineral Leasing Act [ 30 U.S.C. 181 et seq.] for the purpose of exploration or development of oil or gas.

(b) Activities described The activities referred to in subsection (a) are the following: Individual surface disturbances of less than 5 acres so long as the total surface disturbance on the lease is not greater than 150 acres and site-specific analysis in a document prepared pursuant to NEPA has been previously completed. Drilling an oil or gas well at a location or well pad site at which drilling has occurred previously within 5 years prior to the date of spudding the well. Drilling an oil or gas well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed such drilling as a reasonably foreseeable activity, so long as such plan or document was approved within 5 years prior to the date of spudding the well. Placement of a pipeline in an approved right-of-way corridor, so long as the corridor was approved within 5 years prior to the date of placement of the pipeline. Maintenance of a minor activity, other than any construction or major renovation or a building or facility.

§ 15943 Certain gathering lines located on Federal land and Indian land

(a) Definitions In this section: The term “Federal land” means land the title to which is held by the United States. The term “Federal land” does not include— a unit of the National Park System; a unit of the National Wildlife Refuge System; a component of the National Wilderness Preservation System; a wilderness study area within the National Forest System; or Indian land. The term “gathering line and associated field compression or pumping unit” means— a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. The term “gathering line and associated field compression or pumping unit” includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. The term “gathering line and associated field compression or pumping unit” does not include a common carrier pipeline. The term “Indian land” means land the title to which is held by— the United States in trust for an Indian Tribe or an individual Indian; or an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. The term “produced water” means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. The term “Secretary” means the Secretary of the Interior.

(b) Certain gathering lines Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on November 15, 2021 )) for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit— are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; are located adjacent to or within— any existing disturbed area; or an existing corridor for a right-of-way; and would reduce— in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. Paragraph (1) shall apply to Indian land, or a portion of Indian land— to which the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) applies; and for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land).

(c) Effect on other law Nothing in this section— affects or alters any requirement— relating to prior consent under— section 324 of title 25 ; or section 5123(e) of title 25 (commonly known as the “Indian Reorganization Act” 1 ); under section 306108 of title 54 ; or under any other Federal law (including regulations) relating to Tribal consent for rights-of-way across Indian land; or makes the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) applicable to land to which that Act otherwise would not apply.

§ 15951 Findings and definitions

(a) Findings Congress finds that— 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 the use of the American people; United States demand for refined petroleum products currently exceeds the country’s petroleum refining capacity to produce such products; this excess demand has been met with increased imports; due to lack of capacity, refined petroleum product imports are expected to grow from 7.9 percent to 10.7 percent of total refined product by 2025; refiners are still subject to significant environmental and other regulations and face several new requirements under the Clean Air Act ( 42 U.S.C. 7401 et seq.) over the next decade; and better coordination of Federal and State regulatory reviews may help facilitate siting and construction of new refineries to meet the demand in the United States for refined products.

(b) Definitions In this part: The term “Administrator” means the Administrator of the Environmental Protection Agency. The term “State” means— a State; the Commonwealth of Puerto Rico; and any other territory or possession of the United States.

§ 15952 Federal-State regulatory coordination and assistance

(a) In general At the request of the Governor of a State, the Administrator may enter into a refinery permitting cooperative agreement with the State, under which each party to the agreement identifies steps, including timelines, that it will take to streamline the consideration of Federal and State environmental permits for a new refinery.

(b) Authority under agreement The Administrator shall be authorized to— accept from a refiner a consolidated application for all permits required from the Environmental Protection Agency, to the extent consistent with other applicable law; enter into memoranda of agreement with other Federal agencies to coordinate consideration of refinery applications and permits among Federal agencies; and enter into memoranda of agreement with a State, under which Federal and State review of refinery permit applications will be coordinated and concurrently considered, to the extent practicable.

(c) State assistance The Administrator is authorized to provide financial assistance to State governments to facilitate the hiring of additional personnel with expertise in fields relevant to consideration of refinery permits.

(d) Other assistance The Administrator is authorized to provide technical, legal, or other assistance to State governments to facilitate their review of applications to build new refineries.

§ 15961 Authorization of appropriations

(a) Clean coal power initiative There are authorized to be appropriated to the Secretary to carry out the activities authorized by this part $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 plan containing— a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for that program; a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken; a detailed list of technical milestones for each coal and related technology that will be pursued; and a detailed description of how the program will avoid problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.

§ 15962 Project criteria

(a) In general To be eligible to receive assistance under this part, a project shall 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 August 8, 2005 .

(b) Technical criteria for clean coal power initiative In allocating the funds made available under section 15961(a) of this title , the Secretary shall ensure that at least 70 percent of the funds are used only to fund projects on coal-based gasification technologies, including— gasification combined cycle; gasification fuel cells and turbine combined cycle; gasification coproduction; hybrid gasification and combustion; and other advanced coal based technologies capable of producing a concentrated stream of carbon dioxide. The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this part shall be designed, and reasonably expected, to achieve. The technical milestones shall become more prescriptive during the period of the clean coal power initiative. The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able— to remove at least 99 percent of sulfur dioxide; or to emit not more than 0.04 pound SO 2 per million Btu, based on a 30-day average; to emit not more than .05 lbs of NO x per million Btu; to achieve at least 95 percent reductions in mercury emissions; and to achieve a thermal efficiency of at least— 50 percent for coal of more than 9,000 Btu; 48 percent for coal of 7,000 to 9,000 Btu; and 46 percent for coal of less than 7,000 Btu. The Secretary shall ensure that up to 30 percent of the funds made available under section 15961(a) of this title are used to fund projects other than those described in paragraph (1). The Secretary shall periodically establish technical milestones specifying the emission and thermal efficiency levels that projects funded under this paragraph shall be designed, and reasonably expected, to achieve. The technical milestones shall become more prescriptive during the period of the clean coal power initiative. The Secretary shall set the periodic milestones so as to achieve by the year 2020 projects able— to remove at least 97 percent of sulfur dioxide; to emit no more than .08 lbs of NO x per million Btu; to achieve at least 90 percent reductions in mercury emissions; and to achieve a thermal efficiency of at least— 43 percent for coal of more than 9,000 Btu; 41 percent for coal of 7,000 to 9,000 Btu; and 39 percent for coal of less than 7,000 Btu. Before setting the technical milestones under paragraphs (1)(B) and (2)(B), the Secretary shall consult with— the Administrator of the Environmental Protection Agency; and interested entities, including— coal producers; industries using coal; organizations that promote coal or advanced coal technologies; environmental organizations; organizations representing workers; and organizations representing consumers. In the case of projects at units in existence on August 8, 2005 , in lieu of the thermal efficiency requirements described in paragraphs (1)(B)(ii)(IV) and (2)(B)(ii)(IV), 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— 7 percent for coal of more than 9,000 Btu; 6 percent for coal of 7,000 to 9,000 Btu; or 4 percent for coal of less than 7,000 Btu. In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed. In applying the thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility, the energy used for separation and capture of carbon dioxide shall not be counted in calculating the thermal efficiency. In carrying out this section, the Secretary may give priority to projects that include, as part of the project— the separation or capture of carbon dioxide; or the reduction of the demand for natural gas if deployed.

(c) Financial criteria The Secretary shall not provide financial assistance under this part for a project unless the recipient documents to the satisfaction of the Secretary that— the recipient is financially responsible; the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and 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, as determined by the Secretary— meet the requirements of subsections (a), (b), and (c); and are likely— to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks; to 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 to 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 August 8, 2005 .

(e) Cost-sharing In carrying out this part, the Secretary shall require cost sharing in accordance with section 16352 of this title .

(f) Scheduled completion of selected projects In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate. The Secretary shall require as a condition of receipt of any financial assistance under this part that the recipient of the assistance enter into an agreement with the Secretary not to request an extension of the time period established for the project by the Secretary under paragraph (1). Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion of the Secretary, that the owner or operator of the project cannot complete the construction or demonstration phase of the project within the time period due to circumstances beyond the control of the owner or operator. The Secretary shall not extend a time period under subparagraph (A) by more than 4 years.

(g) Fee title The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative agreements under this part in any entity, including the United States.

(h) Data protection For a period not exceeding 5 years after completion of the operations phase of a cooperative agreement, the Secretary may provide appropriate protections (including exemptions from subchapter II of chapter 5 of title 5) against the dissemination of information that— results from demonstration activities carried out under the clean coal power initiative program; and would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a clean coal power initiative project.

(i) Applicability No technology, or level of emission reduction, solely by reason of the use of the technology, or the achievement of the emission reduction, by 1 or more facilities receiving assistance under this Act, shall be considered to be— adequately demonstrated for purposes of section 7411 of this title ; achievable for purposes of section 7479 of this title ; or achievable in practice for purposes of section 7501 of this title .

§ 15963 Report

Not later than 1 year after August 8, 2005 , and once every 2 years thereafter through 2014, the Secretary, in consultation with other appropriate Federal agencies, shall submit to Congress a report describing— the technical milestones set forth in section 15962 of this title and how those milestones ensure progress toward meeting the requirements of subsections (b)(1)(B) and (b)(2) of section 15962 of this title ; and the status of projects funded under this part. ( Pub. L. 109–58, title IV, § 403 , Aug. 8, 2005 , 119 Stat. 753 .)

§ 15964 Clean coal centers of excellence

(a) In general As part of the clean coal power initiative, the Secretary shall award competitive, merit-based grants to institutions of higher education for the establishment of centers of excellence for energy systems of the future.

(b) Basis for grants The Secretary shall award grants under this section to institutions of higher education that show the greatest potential for advancing new clean coal technologies.

§ 15965 Time limit for award; extension

If a Clean Coal Power Initiative project selected after March 11, 2009 , for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest. ( Pub. L. 111–8, div. C, title III , Mar. 11, 2009 , 123 Stat. 616 .)

§ 15971 Integrated coal/renewable energy system

(a) In general Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that— is combined with wind and other renewable sources; minimizes and offers the potential to sequester carbon dioxide emissions; and provides a ready source of hydrogen for near-site fuel cell demonstrations.

(b) Requirements The facility— may be built in stages; shall have a combined output of at least 200 megawatts at successively more competitive rates; and shall be located in the Upper Great Plains.

(c) Technical criteria Technical criteria described in section 15962(b) of this title shall apply to the facility.

(d) Investment tax credits The loan guarantees provided under this section do not preclude the facility from receiving an allocation for investment tax credits under section 48A of title 26 . Use of the investment tax credit described in paragraph (1) does not prohibit the use of other clean coal program funding.

§ 15972 Loan to place Alaska clean coal technology facility in service

(a) Definitions In this section: The term “borrower” means the owner of the clean coal technology plant. The term “clean coal technology plant” means the plant located near Healy, Alaska, constructed under Department cooperative agreement number DE–FC–22–91PC90544. The term “cost of a direct loan” has the meaning given the term in section 661a(5)(B) of title 2 .

(b) Authorization Subject to subsection (c), the Secretary shall use amounts made available under subsection (e) to provide the cost of a direct loan to the borrower for purposes of placing the clean coal technology plant into reliable operation for the generation of electricity.

(c) Requirements The amount of the direct loan provided under subsection (b) shall not exceed $80,000,000. Before providing the direct loan to the borrower under subsection (b), the Secretary shall determine that— the plan of the borrower for placing the clean coal technology plant in reliable operation has a reasonable prospect of success; the amount of the loan (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project; and there is a reasonable prospect that the borrower will repay the principal and interest on the loan. The direct loan provided under subsection (b) shall bear interest at a rate and for a term that the Secretary determines appropriate, after consultation with the Secretary of the Treasury, taking into account the needs and capacities of the borrower and the prevailing rate of interest for similar loans made by public and private lenders. The Secretary may require any other terms and conditions that the Secretary determines to be appropriate.

(d) Use of payments The Secretary shall retain any payments of principal and interest on the direct loan provided under subsection (b) to support energy research and development activities, to remain available until expended, subject to any other conditions in an applicable appropriations Act.

(e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to provide the cost of a direct loan under subsection (b).

§ 15973 Western integrated coal gasification demonstration project

(a) In general Subject to the availability of appropriations, the Secretary shall carry out a project to demonstrate production of energy from coal mined in the western United States using integrated gasification combined cycle technology (referred to in this section as the “demonstration project”).

(b) Components The demonstration project— may include repowering of existing facilities; shall be designed to demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb.; and shall be capable of removing and sequestering carbon dioxide emissions.

(c) All types of western coals Notwithstanding the foregoing, and to the extent economically feasible, the demonstration project shall also be designed to demonstrate the ability to use a variety of types of coal (including subbituminous and bituminous coal with an energy content of up to 13,000 Btu/lb.) mined in the western United States.

(d) Location The demonstration project shall be located in a western State at an altitude of greater than 4,000 feet above sea level.

(e) Cost sharing The Federal share of the cost of the demonstration project shall be determined in accordance with section 16352 of this title .

(f) Loan guarantees Notwithstanding subchapter XIII, the demonstration project shall not be eligible for Federal loan guarantees.

§ 15974 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. ( Pub. L. 109–58, title IV, § 414 , Aug. 8, 2005 , 119 Stat. 755 .)

§ 15975 Petroleum coke gasification

The Secretary is authorized to provide loan guarantees for at least 5 petroleum coke gasification projects. ( Pub. L. 109–58, title IV, § 415 , Aug. 8, 2005 , 119 Stat. 756 .)

§ 15976 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. ( Pub. L. 109–58, title IV, § 416 , Aug. 8, 2005 , 119 Stat. 756 .)

§ 15977 Department of Energy transportation fuels from Illinois basin coal

(a) In general The Secretary shall carry out a program to evaluate the commercial and technical viability of advanced technologies for the production of Fischer-Tropsch transportation fuels, and other transportation fuels, manufactured from Illinois basin coal, including the capital modification of existing facilities and the construction of testing facilities under subsection (b).

(b) Facilities For the purpose of evaluating the commercial and technical viability of different processes for producing Fischer-Tropsch transportation fuels, and other transportation fuels, from Illinois basin coal, the Secretary shall support the use and capital modification of existing facilities and the construction of new facilities at— Southern Illinois University Coal Research Center; University of Kentucky Center for Applied Energy Research; and Energy Center at Purdue University.

(c) Gasification products test center In conjunction with the activities described in subsections (a) and (b), the Secretary shall construct a test center to evaluate and confirm liquid and gas products from syngas catalysis in order that the system has an output of at least 500 gallons of Fischer-Tropsch transportation fuel per day in a 24-hour operation.

(d) Milestones Not later than 180 days after August 8, 2005 , the Secretary shall select processes for evaluating the commercial and technical viability of different processes of producing Fischer-Tropsch transportation fuels, and other transportation fuels, from Illinois basin coal. Not later than 1 year after August 8, 2005 , the Secretary shall offer to enter into agreements— to carry out the activities described in this section, at the facilities described in subsection (b); and for the capital modifications or construction of the facilities at the locations described in subsection (b). Not later than 3 years after August 8, 2005 , the Secretary shall begin, at the facilities described in subsection (b), evaluation of the technical and commercial viability of different processes of producing Fischer-Tropsch transportation fuels, and other transportation fuels, from Illinois basin coal. The Secretary shall construct the facilities described in subsection (b) at the lowest cost practicable. The Secretary may make grants or enter into agreements or contracts with the institutions of higher education described in subsection (b).

(e) Cost sharing The cost of making grants under this section shall be shared in accordance with section 16352 of this title .

(f) Authorization of appropriations There is authorized to be appropriated to carry out this section $85,000,000 for the period of fiscal years 2006 through 2010.

§ 15991 Inventory requirement

(a) Review of assessments The Secretary of the Interior, in consultation with the Secretary of Agriculture and the Secretary, shall review coal assessments and other available data to identify— Federal lands with coal resources that are available for development; the extent and nature of any restrictions on the development of coal resources on Federal lands identified under paragraph (1); and with respect to areas of such lands for which sufficient data exists, resources of compliant coal and supercompliant coal. For purposes of this subsection— the term “compliant coal” means coal that contains not less than 1.0 and not more than 1.2 pounds of sulfur dioxide per million Btu; and the term “supercompliant coal” means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu.

(b) Completion and updating of the inventory The Secretary— shall complete the inventory under subsection (a) by not later than 2 years after August 8, 2005 ; and shall update the inventory as the availability of data and developments in technology warrant.

(c) Report The Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate and make publicly available— a report containing the inventory under this section, by not later than 2 years after the effective date of this section; and each update of such inventory.

§ 16001 Energy efficiency in federally assisted housing

The Secretary of Housing and Urban Development shall promote energy conservation in housing that is located on Indian land and assisted with Federal resources through— the use of energy-efficient technologies and innovations (including the procurement of energy-efficient refrigerators and other appliances); the promotion of shared savings contracts; and the use and implementation of such other similar technologies and innovations as the Secretary of Housing and Urban Development considers to be appropriate. ( Pub. L. 109–58, title V, § 506(a) , Aug. 8, 2005 , 119 Stat. 779 .)

§ 16011 Demonstration hydrogen production at existing nuclear power plants

(a) Demonstration projects The Secretary shall provide for the establishment of 2 projects in geographic areas that are regionally and climatically diverse to demonstrate the commercial production of hydrogen at existing nuclear power plants.

(b) Economic analysis Prior to making an award under subsection (a), the Secretary shall determine whether the use of existing nuclear power plants is a cost-effective means of producing hydrogen.

(c) Authorization of appropriations There are authorized to be appropriated to the Secretary for the purposes of carrying out this section not more than $100,000,000.

§ 16012 Prohibition on assumption by United States Government of liability for certain foreign incidents

(a) In general Notwithstanding 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 2371(a) of title 22 , section 4605(j)(1) 1 of title 50, or section 2780(d) of title 22 to have repeatedly provided support for acts of international terrorism). This section shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary, 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.

(b) Definitions The terms used in this section shall have the same meaning as those terms have under section 2014 of this title , unless otherwise expressly provided in this section.

§ 16013 Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle. ( Pub. L. 109–58, title VI, § 636 , Aug. 8, 2005 , 119 Stat. 791 .)

§ 16014 Standby support for certain nuclear plant delays

(a) Definitions In this section: The term “advanced nuclear facility” means any nuclear facility the reactor design for which is approved after December 31, 1993 , by the Commission (and such design or a substantially similar design of comparable capacity was not approved on or before that date). The term “combined license” means a combined construction and operating license for an advanced nuclear facility issued by the Commission. The term “Commission” means the Nuclear Regulatory Commission. The term “sponsor” means a person who has applied for or been granted a combined license.

(b) Contract authority The Secretary may enter into contracts under this section with sponsors of an advanced nuclear facility that cover a total of 6 reactors, with the 6 reactors consisting of not more than 3 different reactor designs, in accordance with paragraph (2). In this paragraph, the term “loan cost” has the meaning given the term “cost of a loan guarantee” under section 661a(5)(C) of title 2 . There is established in the Department 2 separate accounts, which shall be known as the— “Standby Support Program Account”; and “Standby Support Grant Account”. The Secretary shall not enter into a contract under this section unless the Secretary deposits— in the Standby Support Program Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (d)(5)(A); and in the Standby Support Grant Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract, paid to the Secretary by the sponsor of the advanced nuclear facility, or a combination of appropriations and payments that are in an amount sufficient 1 cover the costs described in subparagraphs (B), (C), and (D) of subsection (d)(5).

(c) Covered delays Under each contract authorized by this section, the Secretary shall pay the costs specified in subsection (d), using funds appropriated or collected for the covered costs, if full power operation of the advanced nuclear facility is delayed by— the failure of the Commission to comply with schedules for review and approval of inspections, tests, analyses, and acceptance criteria established under the combined license or the conduct of preoperational hearings by the Commission for the advanced nuclear facility; or litigation that delays the commencement of full-power operations of the advanced nuclear facility. The Secretary may not enter into any contract under this section that would obligate the Secretary to pay any costs resulting from— the failure of the sponsor to take any action required by law or regulation; events within the control of the sponsor; or normal business risks.

(d) Covered costs Subject to paragraphs (2), (3), and (4), the costs that shall be paid by the Secretary pursuant to a contract entered into under this section are the costs that result from a delay covered by the contract. In the case of the first 2 reactors that receive combined licenses and on which construction is commenced, the Secretary shall pay— 100 percent of the covered costs of delay; but not more than $500,000,000percontract.Inthecaseofthenext4reactorsthatreceiveacombinedlicenseandonwhichconstructioniscommenced,theSecretaryshallpay—50percentofthecoveredcostsofdelaythatoccuraftertheinitial180-dayperiodofcovereddelay;butnotmorethan$250,000,000 per contract. The obligation of the Secretary to pay the covered costs described in subparagraph (B) of paragraph (5) is subject to the Secretary receiving from appropriations or payments from other non-Federal sources amounts sufficient to pay the covered costs. The Secretary may receive and accept payments from any non-Federal source, which shall be made available without further appropriation for the payment of the covered costs. Subject to paragraphs (2), (3), and (4), the contract entered into under this section for an advanced nuclear facility shall include as covered costs those costs that result from a delay during construction and in gaining approval for fuel loading and full-power operation, including— principal or interest on any debt obligation of an advanced nuclear facility owned by a non-Federal entity; and the incremental difference between— the fair market price of power purchased to meet the contractual supply agreements that would have been met by the advanced nuclear facility but for the delay; and the contractual price of power from the advanced nuclear facility subject to the delay.

(e) Requirements Any contract between a sponsor and the Secretary covering an advanced nuclear facility under this section shall require the sponsor to use due diligence to shorten, and to end, the delay covered by the contract.

(f) Reports For each advanced nuclear facility that is covered by a contract under this section, the Commission shall submit to Congress and the Secretary quarterly reports summarizing the status of licensing actions associated with the advanced nuclear facility.

(g) Regulations Subject to paragraphs (2) and (3), the Secretary shall issue such regulations as are necessary to carry out this section. Not later than 270 days after August 8, 2005 , the Secretary shall issue for public comment an interim final rule regulating contracts authorized by this section. Not later than 1 year after August 8, 2005 , the Secretary shall issue a notice of final rulemaking regulating the contracts.

(h) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

§ 16021 Project establishment

(a) Establishment The Secretary shall establish a project to be known as the “Next Generation Nuclear Plant Project” (referred to in this part as the “Project”).

(b) Content The Project shall consist of the research, development, design, construction, and operation of a prototype plant, including a nuclear reactor that— is based on research and development activities supported by the Generation IV Nuclear Energy Systems Initiative under section 16272(c) 1 of this title; and shall be used— to generate electricity; to produce hydrogen; or both to generate electricity and to produce hydrogen.

§ 16022 Project management

(a) Departmental management The Project shall be managed in the Department by the Office of Nuclear Energy, Science, and Technology. The Secretary may combine the Project with the Generation IV Nuclear Energy Systems Initiative. The Secretary may utilize capabilities for review of construction projects for advanced scientific facilities within the Office of Science to track the progress of the Project.

(b) Laboratory management The Idaho National Laboratory shall be the lead National Laboratory for the Project and shall collaborate with other National Laboratories, institutions of higher education, other research institutes, industrial researchers, and international researchers to carry out the Project. The Idaho National Laboratory shall organize a consortium of appropriate industrial partners that will carry out cost-shared research, development, design, and construction activities, and operate research facilities, on behalf of the Project. Activities of industrial partners funded by the Project shall be cost-shared in accordance with section 16352 of this title . Preference in determining the final structure of the consortium or any partnerships under this part shall be given to a structure (including designating as a lead industrial partner an entity incorporated in the United States) that retains United States technological leadership in the Project while maximizing cost sharing opportunities and minimizing Federal funding responsibilities. The prototype nuclear reactor and associated plant shall be sited at the Idaho National Laboratory in Idaho. The Project shall use, if appropriate, reactor test capabilities at the Idaho National Laboratory. The Project may use, if appropriate, facilities at other National Laboratories.

§ 16023 Project organization

(a) Major project elements The Project shall consist of the following major program elements: High-temperature hydrogen production technology development and validation. Energy conversion technology development and validation. Nuclear fuel development, characterization, and qualification. Materials selection, development, testing, and qualification. Reactor and balance-of-plant design, engineering, safety analysis, and qualification.

(b) Project phases The Project shall be conducted in the following phases: A first project phase shall be conducted to— select and validate the appropriate technology under subsection (a)(1); carry out enabling research, development, and demonstration activities on technologies and components under paragraphs (2) through (4) of subsection (a); determine whether it is appropriate to combine electricity generation and hydrogen production in a single prototype nuclear reactor and plant; and carry out initial design activities for a prototype nuclear reactor and plant, including development of design methods and safety analytical methods and studies under subsection (a)(5). A second project phase shall be conducted to— continue appropriate activities under paragraphs (1) through (5) of subsection (a); develop, through a competitive process, a final design for the prototype nuclear reactor and plant; apply for licenses to construct and operate the prototype nuclear reactor from the Nuclear Regulatory Commission; and construct and start up operations of the prototype nuclear reactor and its associated hydrogen or electricity production facilities.

(c) Project requirements The Secretary shall ensure that the Project is structured so as to maximize the technical interchange and transfer of technologies and ideas into the Project from other sources of relevant expertise, including— the nuclear power industry, including nuclear powerplant construction firms, particularly with respect to issues associated with plant design, construction, and operational and safety issues; the chemical processing industry, particularly with respect to issues relating to— the use of process energy for production of hydrogen; and the integration of technologies developed by the Project into chemical processing environments; and international efforts in areas related to the Project, particularly with respect to hydrogen production technologies. The Secretary shall seek international cooperation, participation, and financial contributions for the Project. The Secretary, through the Idaho National Laboratory, may contract for assistance from specialists or facilities from member countries of the Generation IV International Forum, the Russian Federation, or other international partners if the specialists or facilities provide access to cost-effective and relevant skills or test capabilities. The Project may involve demonstration of selected project objectives in a partner country. The Secretary shall ensure that international activities of the Project are coordinated with the Generation IV International Forum. The Nuclear Energy Research Advisory Committee of the Department (referred to in this paragraph as the “NERAC”) shall— review all program plans for the Project and all progress under the Project on an ongoing basis; and ensure that important scientific, technical, safety, and program management issues receive attention in the Project and by the Secretary. The NERAC shall supplement the expertise of the NERAC or appoint subpanels to incorporate into the review by the NERAC the relevant sources of expertise described under paragraph (1). Not later than 180 days after August 8, 2005 , the NERAC shall— review existing program plans for the Project in light of the recommendations of the document entitled “Design Features and Technology Uncertainties for the Next Generation Nuclear Plant,” dated June 30, 2004 ; and address any recommendations of the document not incorporated in program plans for the Project. On a determination by the Secretary that the appropriate activities under the first project phase under subsection (b)(1) are nearly complete, the Secretary shall request the NERAC to conduct a comprehensive review of the Project and to report to the Secretary the recommendation of the NERAC concerning whether the Project is ready to proceed to the second project phase under subsection (b)(2). Not later than 60 days after receiving any report from the NERAC related to the Project, the Secretary shall submit to the appropriate committees of the Senate and the House of Representatives a copy of the report, along with any additional views of the Secretary that the Secretary may consider appropriate.

§ 16024 Nuclear Regulatory Commission

(a) In general In accordance with section 5842 of this title , the Nuclear Regulatory Commission shall have licensing and regulatory authority for any reactor authorized under this part.

(b) Licensing strategy Not later than 3 years after August 8, 2005 , the Secretary and the Chairman of the Nuclear Regulatory Commission shall jointly submit to the appropriate committees of the Senate and the House of Representatives a licensing strategy for the prototype nuclear reactor, including— a description of ways in which current licensing requirements relating to light-water reactors need to be adapted for the types of prototype nuclear reactor being considered by the Project; a description of analytical tools that the Nuclear Regulatory Commission will have to develop to independently verify designs and performance characteristics of components, equipment, systems, or structures associated with the prototype nuclear reactor; other research or development activities that may be required on the part of the Nuclear Regulatory Commission in order to review a license application for the prototype nuclear reactor; and an estimate of the budgetary requirements associated with the licensing strategy.

(c) Ongoing interaction The Secretary shall seek the active participation of the Nuclear Regulatory Commission throughout the duration of the Project to— avoid design decisions that will compromise adequate safety margins in the design of the reactor or impair the accessibility of nuclear safety-related components of the prototype reactor for inspection and maintenance; develop tools to facilitate inspection and maintenance needed for safety purposes; and develop risk-based criteria for any future commercial development of a similar reactor architectures.

§ 16025 Project timelines and authorization of appropriations

(a) Target date to complete the first project phase Not later than September 30, 2011 , the Secretary shall— select the technology to be used by the Project for high-temperature hydrogen production and the initial design parameters for the prototype nuclear plant; or submit to Congress a report establishing an alternative date for making the selection.

(b) Design competition for second project phase The Secretary, acting through the Idaho National Laboratory, shall fund not more than 4 teams for not more than 2 years to develop detailed proposals for competitive evaluation and selection of a single proposal for a final design of the prototype nuclear reactor. The Secretary may structure Project activities in the second project phase to use the lead industrial partner of the competitively selected design under paragraph (1) in a systems integration role for final design and construction of the Project.

(c) Target date to complete project construction Not later than September 30, 2021 , the Secretary shall— complete construction and begin operations of the prototype nuclear reactor and associated energy or hydrogen facilities; or submit to Congress a report establishing an alternative date for completion.

(d) Authorization of appropriations There is authorized to be appropriated to the Secretary for research and construction activities under this part (including for transfer to the Nuclear Regulatory Commission for activities under section 16024 of this title as appropriate)— $1,250,000,000 for the period of fiscal years 2006 through 2015; and such sums as are necessary for each of fiscal years 2016 through 2021.

§ 16041 Nuclear facility and materials security

(a) In general Not later than 18 months after August 8, 2005 , the Nuclear Regulatory Commission (referred to in this section as the “Commission”) shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission. The Federal security coordinator shall be responsible for— 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; monitoring such classes of facilities as the Commission determines to be appropriate to ensure that they maintain security consistent with the security plan in accordance with the appropriate threat level; and 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.

(b) Backup power for certain emergency notification systems For any licensed nuclear power plants located where there is a permanent population, as determined by the 2000 decennial census, in excess of 15,000,000 within a 50-mile radius of the power plant, not later than 18 months after August 8, 2005 , the Commission shall require that backup power to be available for the emergency notification system of the power plant, including the emergency siren warning system, if the alternating current supply within the 10-mile emergency planning zone of the power plant is lost.

(c) , (d) Omitted

(e) Final regulations; waivers Not later than 18 months after August 8, 2005 , the Commission, after consultation with States and other stakeholders, shall issue final regulations establishing such requirements as the Commission determines to be necessary to carry out this section and the amendments made by this section. The regulations shall include a definition of the term “discrete source” for purposes of paragraphs (3) and (4) of section 2014(e) of this title . In promulgating regulations under paragraph (1), 1 the Commission shall, to the maximum extent practicable— cooperate with States; and use model State standards in existence on August 8, 2005 . In this paragraph, the term “byproduct material” has the meaning given the term in paragraphs (3) and (4) of section 2014(e) of this title . To facilitate an orderly transition of regulatory authority with respect to byproduct material, the Commission, in issuing regulations under subparagraph (A), shall prepare and publish a transition plan for— States that have not, before the date on which the plan is published, entered into an agreement with the Commission under section 2021(b) of this title ; and States that have entered into an agreement with the Commission under that section before the date on which the plan is published. The transition plan under clause (ii) shall include— a description of the conditions under which a State may exercise authority over byproduct material; and a statement of the Commission that any agreement covering byproduct material, as defined in paragraph (1) or (2) of section 2014(e) of this title , entered into between the Commission and a State under section 2021(b) of this title before the date of publication of the transition plan shall be considered to include byproduct material, as defined in paragraph (3) or (4) of section 2014(e) of this title , if the Governor of the State certifies to the Commission on the date of publication of the transition plan that— the State has a program for licensing byproduct material, as defined in paragraph (3) or (4) of section 2014(e) of this title , that is adequate to protect the public health and safety, as determined by the Commission; and the State intends to continue to implement the regulatory responsibility of the State with respect to the byproduct material. In promulgating regulations under subparagraph (A), the Commission shall consider the impact on the availability of radiopharmaceuticals to— physicians; and patients the medical treatment of which relies on radiopharmaceuticals. Except as provided in subparagraph (B), the Commission may grant a waiver to any entity of any requirement under this section or an amendment made by this section with respect to a matter relating to byproduct material (as defined in paragraphs (3) and (4) of section 2014(e) of this title ) if the Commission determines that the waiver is in accordance with the protection of the public health and safety and the promotion of the common defense and security. The Commission may not grant a waiver under subparagraph (A) with respect to— any requirement under the amendments made by subsection (c)(1); a matter relating to an importation into, or exportation from, the United States for a period ending after the date that is 1 year after August 8, 2005 ; or any other matter for a period ending after the date that is 4 years after August 8, 2005 . The Commission shall terminate any waiver granted to a State under subparagraph (A) if the Commission determines that— the State has entered into an agreement with the Commission under section 2021(b) of this title ; the agreement described in subclause (I) covers byproduct material (as described in paragraph (3) or (4) of section 2014(e) of this title ); and the program of the State for licensing such byproduct material is adequate to protect the public health and safety. The Commission shall publish in the Federal Register a notice of any waiver granted under this subsection.

§ 16042 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. ( Pub. L. 109–58, title VI, § 657 , Aug. 8, 2005 , 119 Stat. 814 .)

§ 16051 Joint flexible fuel/hybrid vehicle commercialization initiative

(a) Definitions In this section: The term “eligible entity” means— a for-profit corporation; a nonprofit corporation; or an institution of higher education. The term “program” means a program established under subsection (b).

(b) Establishment The Secretary shall establish a program to improve technologies for the commercialization of— a combination hybrid/flexible fuel vehicle; or a plug-in hybrid/flexible fuel vehicle.

(c) Grants In carrying out the program, the Secretary shall provide grants that give preference to proposals that— achieve the greatest reduction in miles per gallon of petroleum fuel consumption; achieve not less than 250 miles per gallon of petroleum fuel consumption; and have the greatest potential of commercialization to the general public within 5 years.

(d) Verification Not later than 90 days after August 8, 2005 , the Secretary shall publish in the Federal Register procedures to verify— the hybrid/flexible fuel vehicle technologies to be demonstrated; and that grants are administered in accordance with this section.

(e) Report Not later than 260 days after August 8, 2005 , and annually thereafter, the Secretary shall submit to Congress a report that— identifies the grant recipients; describes the technologies to be funded under the program; assesses the feasibility of the technologies described in paragraph (2) in meeting the goals described in subsection (c); identifies applications submitted for the program that were not funded; and makes recommendations for Federal legislation to achieve commercialization of the technology demonstrated.

(f) Authorization of appropriations There are authorized to be appropriated to carry out this section, to remain available until expended— $3,000,000forfiscalyear2006;$7,000,000 for fiscal year 2007; $10,000,000forfiscalyear2008;and$20,000,000 for fiscal year 2009.

§ 16061 Hybrid vehicles

The Secretary 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. ( Pub. L. 109–58, title VII, § 711 , Aug. 8, 2005 , 119 Stat. 818 .)

§ 16062 Domestic manufacturing conversion grant program

(a) Program The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles and components of those vehicles. The program shall include grants and loan guarantees under section 16513 of this title to automobile manufacturers and suppliers and hybrid component manufacturers to encourage domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and advanced diesel vehicles. Priority shall be given to the refurbishment or retooling of manufacturing facilities that have recently ceased operation or will cease operation in the near future.

(b) Coordination with State and local programs The Secretary may coordinate implementation of this section with State and local programs designed to accomplish similar goals, including the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements.

(c) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.

§ 16071 Pilot program

(a) Establishment The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the “pilot program”), to be administered through the Clean Cities Program of the Department, 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: The acquisition of alternative fueled vehicles or fuel cell vehicles, including— passenger vehicles (including neighborhood electric vehicles); and motorized 2-wheel bicycles or other vehicles for use by law enforcement personnel or other State or local government or metropolitan transportation authority employees. The acquisition of alternative fueled vehicles, hybrid vehicles, or fuel cell vehicles, including— buses used for public transportation or transportation to and from schools; delivery vehicles for goods or services; and ground support vehicles at public airports (including vehicles to carry baggage or push or pull airplanes toward or away from terminal gates). The acquisition of ultra-low sulfur diesel vehicles. 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. Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant.

(c) Applications The Secretary shall issue requirements for applying for grants under the pilot program. At a minimum, the Secretary shall require that an application for a grant— 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; and include— a description of the project proposed in the application, including how the project meets the requirements of this subpart; an estimate of the ridership or degree of use of the project; 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; a description of how the project will be sustainable without Federal assistance after the completion of the term of the grant; a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; a description of which costs of the project will be supported by Federal assistance under this subpart; and 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. 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— consider each applicant’s previous experience with similar projects; and give priority consideration to applications that— are most likely to maximize protection of the environment; 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 subpart is completed; and exceed the minimum requirements of subsection (c)(1)(B)(ii).

(e) Pilot project requirements The Secretary shall not provide more than $15,000,000 in Federal assistance under the pilot program to any applicant. 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. The Secretary shall not fund any applicant under the pilot program for more than 5 years. The Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project sites. 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 Not later than 90 days after August 8, 2005 , 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. 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) Definitions For purposes of carrying out the pilot program, the Secretary shall issue regulations defining any term, as the Secretary determines to be necessary.

§ 16072 Reports to Congress

(a) Initial report Not later than 60 days after the date on which grants are awarded under this subpart, the Secretary shall submit to Congress a report containing— an identification of the grant recipients and a description of the projects to be funded; an identification of other applicants that submitted applications for the pilot program; and 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 August 8, 2005 , 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— an assessment of the benefits to the environment derived from the projects included in the pilot program; and 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.

§ 16073 Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this subpart $200,000,000, to remain available until expended. ( Pub. L. 109–58, title VII, § 723 , Aug. 8, 2005 , 119 Stat. 821 .)

§ 16081 Fuel cell transit bus demonstration

(a) In general The Secretary, 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 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 to carry out this section $10,000,000 for each of fiscal years 2006 through 2010.

§ 16091 Clean school bus program

(a) Definitions In this section: The term “Administrator” means the Administrator of the Environmental Protection Agency. The term “alternative fuel” means liquefied natural gas, compressed natural gas, hydrogen, propane, or biofuels. The term “clean school bus” means a school bus that— the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or is a zero-emission school bus. The term “eligible contractor” means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity— to sell, lease, license, or contract for service clean school buses, zero-emission school buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses or zero-emission school buses, to individuals or entities that own, lease, license, or contract for service a school bus or a fleet of school buses; or to arrange financing for such a sale, lease, license, or contract for service. Subject to subparagraph (B), the term “eligible recipient” means— 1 or more local or State governmental entities responsible for— providing school bus service to 1 or more public school systems; or the purchase, lease, license, or contract for service of school buses; an eligible contractor; a nonprofit school transportation association; a charter school (as defined in section 7221i of title 20 ) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or an Indian Tribe (as defined in section 5304 of title 25 ), Tribal organization (as defined in that section), or tribally controlled school (as defined in section 2511 of title 25 ) that is responsible for— providing school bus service to 1 or more Bureau-funded schools (as defined in section 2021 of title 25 ); or the purchase, lease, license, or contract for service of school buses. In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section. The term “high-need local educational agency” means a local educational agency (as defined in section 7801 of title 20 ) that is among the local educational agencies in the applicable State with high percentages of children counted under section 6333(c) of title 20 , on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory). The term “school bus” has the meaning given the term “schoolbus” in section 30125(a) of title 49 . The term “zero-emission school bus” means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of— any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and any greenhouse gas.

(b) Program for replacement of existing school buses with clean school buses and zero-emission school buses The Administrator shall establish a program— to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses; to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses; to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses; and to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses. Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award— 50 percent to replace existing school buses with zero-emission school buses; and 50 percent to replace existing school buses with clean school buses and zero-emission school buses. In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion: Lowest overall cost of bus replacement. Local conditions, including the length of bus routes and weather conditions. Technologies that most reduce emissions. Whether funds will bring new technologies to scale or promote cost parity between old technology and new technology. In making awards under paragraph (1), the Administrator may prioritize applicants that— propose to replace school buses that serve— a high-need local educational agency; a Bureau-funded school (as defined in section 2021 of title 25 ); or a local educational agency that receives a basic support payment under section 7703(b)(1) of title 20 for children who reside on Indian land; serve rural or low-income areas; or propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through— public-private partnerships; grants from other entities; or issuance of school bonds. All clean school buses and zero-emission school buses acquired with funds provided under this section shall— be operated as part of the school bus fleet for which the award was made for not less than 5 years, except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (4), subject to the limitations under paragraph (7); be maintained, operated, and charged or fueled according to manufacturer recommendations or State requirements; and not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater. In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with clean school buses, zero-emission school buses, and charging or fueling infrastructure. In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with clean school buses or zero-emission school buses, as applicable. The Administrator shall— to the maximum extent practicable, achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section; and ensure a broad geographic distribution of awards. The Administrator shall ensure that the amount received by all eligible entities in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year. Not later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes— the total number of applications received; the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates; the criteria used to select the recipients; and any other information the Administrator considers appropriate.

(c) Education and outreach Not later than 120 days after November 15, 2021 , the Administrator shall develop an education and outreach program to promote and explain the award program under this section. The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested stakeholders. The education and outreach program under paragraph (1) shall— inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards; describe the available technologies and the benefits of using the technologies; explain the benefits and costs incurred by participating in the award program; make available information regarding best practices, lessons learned, and technical and other information regarding— clean school bus and zero-emission school bus acquisition and deployment; the build-out of associated infrastructure and advance planning with the local electricity supplier; workforce development, training, and Registered Apprenticeships that meet the requirements under parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on December 1, 2019 ); and any other information that is necessary, as determined by the Administrator; and include, as appropriate, information from the annual report required under subsection (b)(7). 1

(d) Administrative costs The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year.

(e) Regulations The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.

(f) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000foreachoffiscalyears2022through2026,ofwhich—$500,000,000 shall be made available for the adoption of clean school buses and zero-emission school buses; and $500,000,000 shall be made available for the adoption of zero-emission school buses.

§ 16091a Clean school bus program

(a) Definitions In this section, the following definitions apply: The term “Administrator” means the Administrator of the Environmental Protection Agency. The term “alternative fuel” means— liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, or propane; methanol or ethanol at no less than 85 percent by volume; or biodiesel conforming with standards published by the American Society for Testing and Materials as of August 10, 2005 . The term “clean school bus” means a school bus with a gross vehicle weight of greater than 14,000 pounds that— is powered by a heavy duty engine; and is operated solely on an alternative fuel or ultra-low sulfur diesel fuel. Subject to subparagraph (B), the term “eligible recipient” means— one or more local or State governmental entities responsible for providing school bus service to one or more public school systems or the purchase of school buses; one or more contracting entities that provide school bus service to one or more public school systems; or a nonprofit school transportation association. In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section. The term “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. The term “Secretary” means the Secretary of Energy. The term “ultra-low sulfur diesel fuel” means diesel fuel that contains sulfur at not more than 15 parts per million.

(b) Program for retrofit or replacement of certain existing school buses with clean school buses 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 recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase. In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve 1 an appropriate balance between awarding grants— to replace school buses; to install retrofit technologies; and to purchase and use alternative fuel. In the case of grant applications to replace school buses, the Administrator shall give priority to applicants that propose to replace school buses manufactured before model year 1977. In the case of grant applications to retrofit school buses, the Administrator shall give priority to applicants that propose to retrofit school buses manufactured in or after model year 1991. All school buses acquired or retrofitted with funds provided under this section shall be operated as part of the school bus fleet for which the grant was made for not less than 5 years. New school buses and retrofit technology shall be maintained, operated, and fueled according to manufacturer recommendations or State requirements. The Administrator may award grants under this section for up to 100 percent of the retrofit technologies and installation costs. The Administrator may award grants under this section for replacement of school buses in the amount of up to one-half of the acquisition costs (including fueling infrastructure) for— clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than— 1.8 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and .01 grams per brake horsepower-hour of particulate matter; or clean school buses with engines manufactured in model year 2007, 2008, or 2009 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in model year 2010. The Administrator may award grants under this section for replacement of school buses in the amount of up to one-fourth of the acquisition costs (including fueling infrastructure) for— clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than— 2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and .01 grams per brake horsepower-hour of particulate matter; or clean school buses with engines manufactured in model year 2007 or thereafter that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter from school buses manufactured in that model year. In the case of a grant recipient receiving a grant for the acquisition of ultra-low sulfur diesel fuel school buses with engines manufactured in model year 2005 or 2006, the grant recipient shall provide, to the satisfaction of the Administrator— documentation 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 that fuel in carrying out the purposes of the grant. The Administrator, to the maximum extent practicable, shall— achieve nationwide deployment of clean school buses through the program under this section; and ensure a broad geographic distribution of grant awards, with no State receiving more than 10 percent of the grant funding made available under this section during a fiscal year. Not later than January 31 of each year, the Administrator shall submit to Congress a report that— evaluates the implementation of this section; and describes— the total number of grant applications received; the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications; grants awarded and the criteria used to select the grant recipients; certified engine emission levels of all buses purchased or retrofitted under this section; an evaluation of the in-use emission level of buses purchased or retrofitted under this section; and any other information the Administrator considers appropriate.

(c) Education Not later than 90 days after August 10, 2005 , the Administrator shall develop an education outreach program to promote and explain the grant program. The outreach program shall be designed and conducted in conjunction with national school bus transportation associations and other stakeholders. The outreach program shall— inform potential grant recipients on the process of applying for grants; describe the available technologies and the benefits of the technologies; explain the benefits of participating in the grant program; and include, as appropriate, information from the annual report required under subsection (b)(8).

(d) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended— $55,000,000 for each of fiscal years 2006 and 2007; and such sums as are necessary for each of fiscal years 2008, 2009, and 2010.

§ 16092 Diesel truck retrofit and fleet modernization program

(a) Establishment The Administrator, in consultation with the Secretary, 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 The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section. In making awards of grants under this section, the Administrator shall give preference to proposals that— will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or 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— trucks which are replacing scrapped trucks and on which retrofit emissions-control technology are to be demonstrated— 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; were manufactured in model year 1998 and before; and will be used for the transportation of cargo goods especially in port areas or used in goods movement and major hauling operations; grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and grant recipients will provide at least 50 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 August 8, 2005 , the Administrator shall publish in the Federal Register procedures to— make grants pursuant to this section; 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 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: $20,000,000forfiscalyear2006.$35,000,000 for fiscal year 2007. $45,000,000 for fiscal year 2008. Such sums as are necessary for each of fiscal years 2009 and 2010.

§ 16093 Fuel cell school buses

(a) Establishment The Secretary shall establish a program for entering into cooperative agreements— with private sector fuel cell bus developers for the development of fuel cell-powered school buses; and subsequently, with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses.

(b) Cost sharing The non-Federal contribution for activities funded under this section shall be not less than— 20 percent for fuel infrastructure development activities; and 50 percent for demonstration activities and for development activities not described in paragraph (1).

(c) Reports to Congress Not later than 3 years after August 8, 2005 , the Secretary shall transmit to Congress a report that— evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and assesses the results of the development and demonstration program under this section.

(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 2006 through 2009.

§ 16101 Railroad efficiency

(a) Establishment The Secretary 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 to carry out this section— $15,000,000forfiscalyear2006;$20,000,000 for fiscal year 2007; and $30,000,000 for fiscal year 2008.

§ 16102 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 7521 and 7545 of this title.

(b) Diesel combustion and after-treatment technologies The Secretary 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: Developing and demonstrating diesel technologies that, not later than 2010, meet the following standards: Tier 2 emission standards. 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 August 8, 2005 . Developing the next generation of low-emission, high efficiency diesel engine technologies, including homogeneous charge compression ignition technology.

§ 16103 Conserve by Bicycling Program

(a) Definitions In this section: The term “program” means the Conserve by Bicycling Program established by subsection (b). 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 In carrying out the program, the Secretary shall establish not more than 10 pilot projects that are— dispersed geographically throughout the United States; and designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles. A pilot project described in paragraph (1) shall— use education and marketing to convert motor vehicle trips to bicycle trips; document project results and energy savings (in estimated units of energy conserved); facilitate partnerships among interested parties in at least 2 of the fields of— transportation; law enforcement; education; public health; environment; and energy; maximize bicycle facility investments; demonstrate methods that may be used in other regions of the United States; and facilitate the continuation of ongoing programs that are sustained by local resources. At least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from non-Federal sources.

(d) Energy and bicycling research study Not later than 2 years after August 8, 2005 , 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. The study shall— document the results or progress of the pilot projects under subsection (c); 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— weather; land use and traffic patterns; the carrying capacity of bicycles; and bicycle infrastructure; determine any energy savings that would result from the conversion of motor vehicle trips to bicycle trips; include a cost-benefit analysis of bicycle infrastructure investments; and 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 the Secretary to carry out this section $6,200,000,toremainavailableuntilexpended,ofwhich—$5,150,000 shall be used to carry out pilot projects described in subsection (c); $300,000shallbeusedbytheSecretarytocoordinate,publicize,anddisseminatetheresultsoftheprogram;and$750,000 shall be used to carry out subsection (d).

§ 16104 Reduction of engine idling

(a) Definitions In this section: The term “Administrator” means the Administrator of the Environmental Protection Agency. 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. The term “auxiliary power unit” means an integrated system that— provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle; and is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards. The term “heavy-duty vehicle” means a vehicle that— has a gross vehicle weight rating greater than 8,500 pounds; and is powered by a diesel engine. The term “idle reduction technology” means an advanced truck stop electrification system, auxiliary power unit, or other technology that— is used to reduce long-duration idling; and allows for the main drive engine or auxiliary refrigeration engine to be shut down. the 1 term “energy conservation technology” means any device, system of devices, or equipment that improves the fuel economy. The term “long-duration idling” means the operation of a main drive engine or auxiliary refrigeration engine, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear. The term “long-duration idling” does not include the operation of a main drive engine or auxiliary refrigeration engine during a routine stoppage associated with traffic movement or congestion.

(b) Idle reduction technology benefits, programs, and studies Not later than 90 days after August 8, 2005 , the Administrator shall— 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 update those models as the Administrator determines to be appropriate; and commence a review of the emission reductions achieved by the use of idle reduction technology; and complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate. Not later than 180 days after August 8, 2005 , the Administrator shall— complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and prepare and make publicly available one or more reports on the results of the reviews. 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. Not later than 90 days after August 8, 2005 , 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. 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. There are authorized to be appropriated to the Administrator to carry out subparagraph (A) for the purpose of reducing extended idling from heavy-duty vehicles $19,500,000forfiscalyear2006,$30,000,000 for fiscal year 2007, and $45,000,000forfiscalyear2008.Thereareauthorizedtobeappropriatedtotheadministratortocarryoutsubparagraph(A)forthepurposeofreducingextendedidlingfromlocomotives$10,000,000 for fiscal year 2006, $15,000,000forfiscalyear2007,and$20,000,000 for fiscal year 2008. Subject to clause (iv), 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. The Administrator may reduce the non-Federal requirement under clause (iii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section. Not later than 90 days after August 8, 2005 , 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— truck stops; rest areas; border crossings; ports; transfer facilities; and private terminals. Not later than 180 days after August 8, 2005 , the Administrator shall— complete the study under subparagraph (A); and prepare and make publicly available one or more reports of the results of the study.

(c) Omitted

(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— an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and an identification of all other applicants that submitted applications under the program.

§ 16105 Biodiesel engine testing program

(a) In general Not later that 1 180 days after August 8, 2005 , 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— the impact of biodiesel on emissions warranty, in-use liability, and antitampering provisions; the impact of long-term use of biodiesel on engine operations; the options for optimizing these technologies for both emissions and performance when switching between biodiesel and diesel fuel; and 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 August 8, 2005 , 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 7545 of this title and that meets the American Society for Testing and Materials D6751–02a Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

§ 16106 Ultra-efficient engine technology for aircraft

(a) Ultra-efficient engine technology partnership The Secretary 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 shall establish the following performance objectives for the program set forth in subsection (a): A fuel efficiency increase of at least 10 percent. A reduction in the impact of landing and takeoff nitrogen oxides emissions on local air quality of 70 percent. Exploring advanced concepts, alternate propulsion, and power configurations, including hybrid fuel cell powered systems. Exploring the use of alternate fuel in conventional or nonconventional turbine-based systems.

(c) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of the fiscal years 2006, 2007, 2008, 2009, and 2010.

§ 16121 Definitions

In this part: The term “fuel cell” means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device. The term “light-duty or heavy-duty vehicle fleet” does not include any vehicle designed or procured for combat or combat-related missions. The terms “stationary” and “portable”, when used in reference to a fuel cell, include— continuous electric power; and backup electric power. The term “Task Force” means the Hydrogen and Fuel Cell Technical Task Force established under section 16155 of this title . The term “Technical Advisory Committee” means the independent Technical Advisory Committee selected under section 16156 of this title . ( Pub. L. 109–58, title VII, § 781 , Aug. 8, 2005 , 119 Stat. 835 .)

§ 16122 Federal and State procurement of fuel cell vehicles and hydrogen energy systems

(a) Purposes The purposes of this section are— to stimulate acceptance by the market of fuel cell vehicles and hydrogen energy systems; to support development of technologies relating to fuel cell vehicles, public refueling stations, and hydrogen energy systems; and to require the Federal government, 1 which is the largest single user of energy in the United States, to adopt those technologies as soon as practicable after the technologies are developed, in conjunction with private industry partners.

(b) Federal leases and purchases Not later than January 1, 2010 , the head of any Federal agency that uses a light-duty or heavy-duty vehicle fleet shall lease or purchase fuel cell vehicles and hydrogen energy systems to meet any applicable energy savings goal described in subsection (c). The Secretary may lease or purchase appropriate vehicles developed under subsections (a)(10) and (b)(1)(A) of section 16157 of this title to meet the requirement in subparagraph (A). The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay to Federal agencies (or share the cost under interagency agreements) the difference in cost between— the cost to the agencies of leasing or purchasing fuel cell vehicles and hydrogen energy systems under paragraph (1); and the cost to the agencies of a feasible alternative to leasing or purchasing fuel cell vehicles and hydrogen energy systems, as determined by the Secretary. In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure— a cost-effective purchase of a fuel cell vehicle or hydrogen energy system; or a cost-effective management structure of the lease of a fuel cell vehicle or hydrogen energy system. If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable fuel cell vehicle or hydrogen energy system in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1). In making a determination under subparagraph (A), the Secretary shall consider— the needs of the agency; and an evaluation performed by— the Task Force; or the Technical Advisory Committee.

(c) Energy savings goals Not later than December 31, 2006 , the Secretary shall— in cooperation with the Task Force, promulgate regulations for the period of 2008 through 2010 that extend and augment energy savings goals for each Federal agency, in accordance with any Executive order issued after March 2000; and promulgate regulations to expand the minimum Federal fleet requirement and credit allowances for fuel cell vehicle systems under section 13212 of this title . Not later than December 31, 2010 , the Secretary shall— review the regulations promulgated under subparagraph (A); evaluate any progress made toward achieving energy savings by Federal agencies; and promulgate new regulations for the period of 2011 through 2015 to achieve additional energy savings by Federal agencies relating to technical and cost-performance standards. An agency that leases or purchases a fuel cell vehicle or hydrogen energy system in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal of the agency.

(d) Cooperative program with State agencies The Secretary may establish a cooperative program with State agencies managing motor vehicle fleets to encourage purchase of fuel cell vehicles by the agencies. In carrying out the cooperative program, the Secretary may offer incentive payments to a State agency to assist with the cost of planning, differential purchases, and administration.

(e) Authorization of appropriations There is authorized to be appropriated to carry out this section— $15,000,000forfiscalyear2008;$25,000,000 for fiscal year 2009; $65,000,000 for fiscal year 2010; and such sums as are necessary for each of fiscal years 2011 through 2015.

§ 16123 Federal procurement of stationary, portable, and micro fuel cells

(a) Purposes The purposes of this section are— to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and to support development of technologies relating to stationary, portable, and micro fuel cells.

(b) Federal leases and purchases Not later than January 1, 2006 , the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c). The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1). In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure— a cost-effective purchase of a stationary, portable, or micro fuel cell; or a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell. If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1). In making a determination under subparagraph (A), the Secretary shall consider— the needs of the agency; and an evaluation performed by— the Task Force; or the Technical Advisory Committee of the Task Force.

(c) Energy savings goals An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in section 16157 of this title that is applicable to the agency.

(d) Authorization of appropriations There is authorized to be appropriated to carry out this section— $20,000,000forfiscalyear2006;$50,000,000 for fiscal year 2007; $75,000,000forfiscalyear2008;$100,000,000 for fiscal year 2009; $100,000,000 for fiscal year 2010; and such sums as are necessary for each of fiscal years 2011 through 2015.

§ 16131 Definitions

In this part: The term “Administrator” means the Administrator of the Environmental Protection Agency. The term “certified engine configuration” means a new, rebuilt, or remanufactured engine configuration— that has been certified or verified by— the Administrator; or the California Air Resources Board; that meets or is rebuilt or remanufactured to a more stringent set of engine emission standards, as determined by the Administrator; and in the case of a certified engine configuration involving the replacement of an existing engine or vehicle, an engine configuration that replaced an engine that was— removed from the vehicle; and returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage. The term “eligible entity” means— a regional, State, local, or tribal agency or port authority with jurisdiction over transportation or air quality; a nonprofit organization or institution that— represents or provides pollution reduction or educational services to persons or organizations that own or operate diesel fleets; or has, as its principal purpose, the promotion of transportation or air quality; and any private individual or entity that— is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i). The term “emerging technology” means a technology that is not currently, or has not been previously, certified or verified by the Administrator or the California Air Resources Board but for which an approvable application and test plan has been submitted for verification to the Administrator or the California Air Resources Board. The term “fleet” means one or more diesel vehicles or mobile or stationary diesel engines. The term “heavy-duty truck” has the meaning given the term “heavy duty vehicle” in section 7521 of this title . The term “medium-duty truck” has such meaning as shall be determined by the Administrator, by regulation. The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term “verified technology” means a pollution control technology, including a retrofit technology or auxiliary power unit, that has been verified by— the Administrator; or the California Air Resources Board. ( Pub. L. 109–58, title VII, § 791 , Aug. 8, 2005 , 119 Stat. 838 ; Pub. L. 110–255, § 3(a) , June 30, 2008 , 122 Stat. 2423 ; Pub. L. 111–364, § 2(a) , Jan. 4, 2011 , 124 Stat. 4056 .)

§ 16132 National grant, rebate, and loan programs

(a) In general The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year to provide grants, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emissions in terms of— pollution produced; and diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.

(b) Distribution The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section. The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using— a certified engine configuration; or a verified technology. The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies. To receive funds under clause (i), a manufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Resources Board a test plan for the emerging technology, together with a verification application.

(c) Applications The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds. In developing the expedited process under subparagraph (A), the Administrator— shall take into consideration the special circumstances affecting small fleet owners; and to avoid duplicative procedures, may require applicants to include in an application under this section the results of a competitive bidding process for equipment and installation. To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. To be eligible to receive a rebate or a low-cost loan under this section, an eligible entity shall submit an application in accordance with such guidance as the Administrator may establish— to the Administrator; or to an entity that has entered into a contract under subsection (e). An application under this subsection shall include— a description of the air quality of the area served by the eligible entity; the quantity of air pollution produced by the diesel fleets in the area served by the eligible entity; a description of the project proposed by the eligible entity, including— any certified engine configuration, verified technology, or emerging technology to be used or funded by the eligible entity; and the means by which the project will achieve a significant reduction in diesel emissions; an evaluation (using methodology approved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions reductions of the proposed project; an estimate of the cost of the proposed project; a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; in the case of an application relating to nonroad engines or vehicles, a description of the diesel fuel available in the areas to be served by the eligible entity, including the sulfur content of the fuel; and provisions for the monitoring and verification of the project. In providing a grant, rebate, or loan under this section, the Administrator shall give highest priority to proposed projects that, as determined by the Administrator— maximize public health benefits; are the most cost-effective; serve areas— with the highest population density; that are poor air quality areas, including areas identified by the Administrator as— in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant; Federal Class I areas; or areas with toxic air pollutant concerns; that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, terminals, construction sites, schools, and distribution centers; or that use a community-based multistakeholder collaborative process to reduce toxic emissions; include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life; will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; and conserve diesel fuel.

(d) Use of funds An eligible entity may use a grant, rebate, or loan provided under this section to fund the costs of— a retrofit technology (including any incremental costs of a repowered or new diesel engine) that significantly reduces emissions through development and implementation of a certified engine configuration, verified technology, or emerging technology for— a bus; a medium-duty truck or a heavy-duty truck; a marine engine; a locomotive; or a nonroad engine or vehicle used in— construction; handling of cargo (including at a port or airport); agriculture; mining; or energy production; or programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described in subparagraph (A). Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act [ 42 U.S.C. 7401 et seq.]. For purposes of subparagraph (A), voluntary or elective emission reduction measures shall not be considered “mandated”, regardless of whether the reductions are included in the State implementation plan of a State.

(e) Contract programs In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this part. The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity— to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades.

(f) Public notification Not later than 60 days after the date of the award of a grant, rebate, or loan, the Administrator shall publish on the website of the Environmental Protection Agency— for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.

§ 16133 State grant, rebate, and loan programs

(a) In general Subject to the availability of adequate appropriations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this part to support grant, rebate, and loan programs administered by States that are designed to achieve significant reductions in diesel emissions.

(b) Applications The Administrator shall— provide to States guidance for use in applying for grant, rebate, or loan funds under this section, including information regarding— the process and forms for applications; permissible uses of funds received; and the cost-effectiveness of various emission reduction technologies eligible to be carried out using funds provided under this section; and establish, for applications described in paragraph (1)— an annual deadline for submission of the applications; a process by which the Administrator shall approve or disapprove each application; and a streamlined process by which a State may renew an application described in paragraph (1) for subsequent fiscal years.

(c) Allocation of funds For each fiscal year, the Administrator shall allocate among States for which applications are approved by the Administrator under subsection (b)(2)(B) funds made available to carry out this section for the fiscal year. Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this part for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to 1 ⁄ 53 of the funds made available for that fiscal year for distribution to States under this paragraph. Except as provided in clause (ii), Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation equal to 1 ⁄ 53 of the funds made available for that fiscal year for distribution to States under this subsection, divided equally among those 4 States. If any State described in clause (i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under clause (i) shall be reallocated pursuant to subparagraph (C). If any State does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under this paragraph shall be reallocated to each remaining qualified State in an amount equal to the product obtained by multiplying— the proportion that the population of the State bears to the population of all States described in paragraph (1); by the amount otherwise allocatable to the nonqualifying State under this paragraph. If a State agrees to match the allocation provided to the State under paragraph (2) for a fiscal year, the Administrator shall provide to the State for the fiscal year an additional amount equal to 50 percent of the allocation of the State under paragraph (2). A State— may not use funds received under this part to pay a matching share required under this subsection; and shall not be required to provide a matching share for any additional amount received under subparagraph (A). Any funds that are not claimed by a State for a fiscal year under this subsection shall be used to carry out section 16132 of this title .

(d) Administration Subject to paragraphs (2) and (3) and, to the extent practicable, the priority areas listed in section 16132(c)(3) of this title , a State shall use any funds provided under this section to develop and implement such grant, rebate, and low-cost revolving loan programs in the State as are appropriate to meet State needs and goals relating to the reduction of diesel emissions. The chief executive of a State that receives funding under this section may determine the portion of funds to be provided as grants, rebates, or loans. A grant, rebate, or loan provided under this section shall be used for a project relating to— a certified engine configuration; or a verified technology. In providing grants, rebates, and loans under this section, a State shall use the priorities in section 16132(c)(4) of this title . Not later than 60 days after the date of the award of a grant, rebate, or loan by a State, the State shall publish on the Web site of the State— for rebates, grants, and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates, grants, or loans provided, as well as a breakdown of the technologies funded through the rebates, grants, or loans; and for other rebates, grants, and loans, a description of each application for which the grant, rebate, or loan is provided.

§ 16134 Evaluation and report

(a) In general Not later than 1 year after the date on which funds are made available under this part, and biennially thereafter, the Administrator shall submit to Congress a report evaluating the implementation of the programs under this part.

(b) Inclusions The report shall include a description of— the total number of grant applications received; each grant, rebate, or loan made under this part, including the amount of the grant, rebate, or loan; each project for which a grant, rebate, or loan is provided under this part, including the criteria used to select the grant, rebate, or loan recipients; the actual and estimated air quality and diesel fuel conservation benefits, cost-effectiveness, and cost-benefits of the grant, rebate, and loan programs under this part; the problems encountered by projects for which a grant, rebate, or loan is provided under this part; any other information the Administrator considers to be appropriate; and in the last report sent to Congress before January 1, 2016 , an analysis of the need to continue the program, including an assessment of the size of the vehicle and engine fleet that could provide benefits from being retrofit under this program and a description of the number and types of applications that were not granted in the preceding year.

§ 16135 Outreach and incentives

(a) Definition of eligible technology In this section, the term “eligible technology” means— a verified technology; or an emerging technology.

(b) Technology transfer program The Administrator shall establish a program under which the Administrator— informs stakeholders of the benefits of eligible technologies; and develops nonfinancial incentives to promote the use of eligible technologies. Eligible stakeholders under this section include— equipment owners and operators; emission and pollution control technology manufacturers; engine and equipment manufacturers; State and local officials responsible for air quality management; community organizations; and public health, educational, and environmental organizations.

(c) State implementation plans The Administrator shall develop appropriate guidance to provide credit to a State for emission reductions in the State created by the use of eligible technologies through a State implementation plan under section 7410 of this title .

(d) International markets The Administrator, in coordination with the Department of Commerce and industry stakeholders, shall inform foreign countries with air quality problems of the potential of technology developed or used in the United States to provide emission reductions in those countries.

§ 16136 Effect of part

Nothing in this part affects any authority under the Clean Air Act ( 42 U.S.C. 7401 et seq.) in existence on the day before August 8, 2005 . ( Pub. L. 109–58, title VII, § 796 , Aug. 8, 2005 , 119 Stat. 844 .)

§ 16137 Authorization of appropriations

(a) In general There is authorized to be appropriated to carry out this part $100,000,000 for each of fiscal years 2012 through 2024, to remain available until expended.

(b) Management and oversight The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.

§ 16138 EPA authority to accept diesel emissions reduction Supplemental Environmental Projects

The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law— protect human health or the environment; are related to the underlying alleged violations; do not constitute activities that the defendant would otherwise be legally required to perform; and do not provide funds for the staff of the Agency or for contractors to carry out the Agency’s internal operations. ( Pub. L. 110–255, § 1 , June 30, 2008 , 122 Stat. 2423 .)

§ 16139 Settlement agreement provisions

In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [ 42 U.S.C. 7401 et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States. ( Pub. L. 110–255, § 2 , June 30, 2008 , 122 Stat. 2423 .)

§ 16151 Purposes

The purposes of this subchapter are— to enable and promote comprehensive development, demonstration, and commercialization of hydrogen and fuel cell technology in partnership with industry; to make critical public investments in building strong links to private industry, institutions of higher education, National Laboratories, and research institutions to expand innovation and industrial growth; to build a mature hydrogen economy that creates fuel diversity in the massive transportation sector of the United States; to sharply decrease the dependency of the United States on imported oil, eliminate most emissions from the transportation sector, and greatly enhance our energy security; and to create, strengthen, and protect a sustainable national energy economy. ( Pub. L. 109–58, title VIII, § 802 , Aug. 8, 2005 , 119 Stat. 844 .)

§ 16152 Definitions

In this subchapter: The terms “clean hydrogen” and “hydrogen” mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section 16166(a) of this title , including production from any fuel source. The term “fuel cell” means a device that directly converts the chemical energy of a fuel, which is supplied from an external source, and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device. The term “heavy-duty vehicle” means a motor vehicle that— is rated at more than 8,500 pounds gross vehicle weight; has a curb weight of more than 6,000 pounds; or has a basic vehicle frontal area in excess of 45 square feet. The term “infrastructure” means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen (except for onboard storage). The term “light-duty vehicle” means a motor vehicle that is rated at 8,500 or less pounds gross vehicle weight. The terms “portable” and “storage”, when used in reference to a fuel cell, include— continuous electric power; and backup electric power. The term “Task Force” means the Hydrogen and Fuel Cell Technical Task Force established under section 16155 of this title . The term “Technical Advisory Committee” means the independent Technical Advisory Committee established under section 16156 of this title . ( Pub. L. 109–58, title VIII, § 803 , Aug. 8, 2005 , 119 Stat. 844 ; Pub. L. 117–58, div. D, title III, § 40312 , Nov. 15, 2021 , 135 Stat. 1006 .)

§ 16153 Plan

Not later than 6 months after August 8, 2005 , the Secretary shall transmit to Congress a coordinated plan for the programs described in this subchapter and any other programs of the Department that are directly related to fuel cells or hydrogen. The plan shall describe, at a minimum— the agenda for the next 5 years for the programs authorized under this subchapter, including the agenda for each activity enumerated in section 16154(e) of this title ; the types of entities that will carry out the activities under this subchapter and what role each entity is expected to play; the milestones that will be used to evaluate the programs for the next 5 years; the most significant technical and nontechnical hurdles that stand in the way of achieving the goals described in section 16154 of this title , and how the programs will address those hurdles; and 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. ( Pub. L. 109–58, title VIII, § 804 , Aug. 8, 2005 , 119 Stat. 845 .)

§ 16154 Clean hydrogen research and development program

(a) In general The Secretary, in consultation with other Federal agencies and the private sector, shall conduct a crosscutting research and development program (referred to in this section as the “program”) on technologies relating to the production, processing, purification, distribution, storage, and use of hydrogen energy, fuel cells, and related infrastructure.

(b) Goals The goals of the program shall be— to advance research and development to demonstrate and commercialize the use of clean hydrogen in the transportation, utility, industrial, commercial, and residential sectors; and to demonstrate a standard of clean hydrogen production in the transportation, utility, industrial, commercial, and residential sectors by 2040.

(c) Focus In carrying out activities under this section, the Secretary shall focus on factors that are common to the development of hydrogen infrastructure and the supply of vehicle and electric power for critical consumer and commercial applications, and that achieve continuous technical evolution and cost reduction, particularly for hydrogen production, the supply of hydrogen, storage of hydrogen, and end uses of hydrogen that— steadily increase production, distribution, and end use efficiency and reduce life-cycle emissions; resolve critical problems relating to catalysts, membranes, storage, lightweight materials, electronic controls, manufacturability, and other problems that emerge from the program; enhance sources of fossil fuels with carbon capture, utilization, and sequestration, renewable fuels, biofuels, and nuclear energy for hydrogen production; and enable widespread use of distributed electricity generation and storage.

(d) Public education and research In carrying out this section, the Secretary shall support enhanced public education and research conducted at institutions of higher education in fundamental sciences, application design, and systems concepts (including education and research relating to materials, subsystems, manufacturability, maintenance, and safety) relating to hydrogen and fuel cells.

(e) Activities In carrying out the program, the Secretary, in partnership with the private sector, shall conduct activities to advance and support— the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section 16166(a) of this title ; the production of clean hydrogen from diverse energy sources, including— fossil fuels with carbon capture, utilization, and sequestration; hydrogen-carrier fuels (including ethanol and methanol); renewable energy resources, including biomass; nuclear energy; and any other methods the Secretary determines to be appropriate; the use of clean hydrogen for commercial, industrial, and residential electric power generation; the use of clean hydrogen in industrial applications, including steelmaking, cement, chemical feedstocks, and process heat; the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements; the safe and efficient delivery of hydrogen or hydrogen-carrier fuels, including— transmission by pipelines, including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen, clean hydrogen blends, or clean hydrogen carriers; tanks and other distribution methods; and convenient and economic refueling of vehicles, locomotives, maritime vessels, or planes— at central refueling stations; or through distributed onsite generation; advanced vehicle, locomotive, maritime vessel, or plane technologies, including— engine and emission control systems; energy storage, electric propulsion, and hybrid systems; automotive, locomotive, maritime vessel, or plane materials; and other advanced vehicle, locomotive, maritime vessel, or plane technologies; storage of hydrogen or hydrogen-carrier fuels, including the development of materials for safe and economic storage in gaseous, liquid, or solid form; the 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; the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the United States; the use of clean hydrogen in the transportation sector, including in light-, medium-, and heavy-duty vehicles, rail transport, aviation, and maritime applications; and in coordination with relevant agencies, the development of appropriate, uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production, processing, delivery, and end-use technologies.

(f) Program goals For vehicles, the goals of the program are— 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 to enable production, delivery, and acceptance by consumers of model year 2020 hydrogen fuel cell and other hydrogen-powered vehicles that will have, when compared to light duty vehicles in model year 2005— fuel economy that is substantially higher; substantially lower emissions of air pollutants; and equivalent or improved vehicle fuel system crash integrity and occupant protection. 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— safe and convenient refueling; improved overall efficiency; widespread availability of hydrogen from domestic energy sources through— production, with consideration of emissions levels; delivery, including transmission by pipeline and other distribution methods for hydrogen; and storage, including storage in surface transportation vehicles; hydrogen for fuel cells, internal combustion engines, and other energy conversion devices for portable, stationary, micro, critical needs facilities, and transportation applications; and other technologies consistent with the Department’s plan. The goals for fuel cells and their portable, stationary, and transportation applications are to enable— safe, economical, and environmentally sound hydrogen fuel cells; fuel cells for light duty and other vehicles; and other technologies consistent with the Department’s plan.

(g) Funding 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. Activities under this section may be carried out by funding nationally recognized university-based or Federal laboratory research centers.

(h) Hydrogen supply There are authorized to be appropriated to carry out projects and activities relating to hydrogen production, storage, distribution and dispensing, transport, education and coordination, and technology transfer under this section— $160,000,000forfiscalyear2006;$200,000,000 for fiscal year 2007; $220,000,000forfiscalyear2008;$230,000,000 for fiscal year 2009; $250,000,000 for fiscal year 2010; and such sums as are necessary for each of fiscal years 2011 through 2020.

(i) Fuel cell technologies There are authorized to be appropriated to carry out projects and activities relating to fuel cell technologies under this section— $150,000,000forfiscalyear2006;$160,000,000 for fiscal year 2007; $170,000,000forfiscalyear2008;$180,000,000 for fiscal year 2009; $200,000,000 for fiscal year 2010; and such sums as are necessary for each of fiscal years 2011 through 2020.

(j) Targets Not later than 180 days after November 15, 2021 , the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of clean hydrogen systems and technologies.

§ 16155 Hydrogen and Fuel Cell Technical Task Force

(a) Establishment Not later than 120 days after August 8, 2005 , the President shall establish an interagency task force chaired by the Secretary with representatives from each of the following: The Office of Science and Technology Policy within the Executive Office of the President. The Department of Transportation. The Department of Defense. The Department of Commerce (including the National Institute of Standards and Technology). The Department of State. The Environmental Protection Agency. The National Aeronautics and Space Administration. Other Federal agencies as the Secretary determines appropriate.

(b) Duties The Task Force shall work toward— a safe, economical, and environmentally sound fuel infrastructure for hydrogen and hydrogen-carrier fuels, including an infrastructure that supports buses and other fleet transportation; fuel cells in government and other applications, including portable, stationary, and transportation applications; distributed power generation, including the generation of combined heat, power, and clean fuels including hydrogen; uniform hydrogen codes, standards, and safety protocols; and vehicle hydrogen fuel system integrity safety performance. The Task Force may organize workshops and conferences, may issue publications, and may create databases to carry out its duties. The Task Force shall— foster the exchange of generic, nonproprietary information and technology among industry, academia, and government; 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; integrate technical and other information made available as a result of the programs and activities under this subchapter; promote the marketplace introduction of infrastructure for hydrogen fuel vehicles; and 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 Task Force, shall cooperate with and furnish information to the Task Force, the Technical Advisory Committee, and the Department.

§ 16156 Technical 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 subchapter.

(b) Membership The Technical 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 Technical Advisory Committee members and the needs of the Technical Advisory Committee. The term of a member of the Technical Advisory Committee shall not be more than 3 years. The Secretary may appoint members of the Technical 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 Technical Advisory Committee. A member of the Technical Advisory Committee whose term is expiring may be reappointed. The Technical Advisory Committee shall have a chairperson, who shall be elected by the members from among their number.

(c) Review The Technical Advisory Committee shall review and make recommendations to the Secretary on— the implementation of programs and activities under this subchapter; the safety, economical, and environmental consequences of technologies for the production, distribution, delivery, storage, or use of hydrogen energy and fuel cells; and the plan under section 16153 of this title .

(d) Response The Secretary shall consider, but need not adopt, any recommendations of the Technical Advisory Committee under subsection (c). The Secretary shall transmit a biennial report to Congress describing any recommendations made by the Technical 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 Technical Advisory Committee to carry out its responsibilities under this subchapter.

§ 16157 Demonstration

(a) In general In carrying out the programs under this section, the Secretary shall fund a limited number of demonstration projects, consistent with this subchapter and 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— 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; depend on reliable power from hydrogen to carry out essential activities; lead to the replication of hydrogen technologies and draw such technologies into the marketplace; include vehicle, portable, and stationary demonstrations of fuel cell and hydrogen-based energy technologies; address the interdependency of demand for hydrogen fuel cell applications and hydrogen fuel infrastructure; raise awareness of hydrogen technology among the public; facilitate identification of an optimum technology among competing alternatives; address distributed generation using renewable sources; carry out demonstrations of evolving hydrogen and fuel cell technologies in national parks, remote island areas, and on Indian tribal land, as selected by the Secretary; carry out a program to demonstrate developmental hydrogen and fuel cell systems for mobile, portable, and stationary uses, using improved versions of the learning demonstrations program concept of the Department including demonstrations involving— light-duty vehicles; heavy-duty vehicles; fleet vehicles; specialty industrial and farm vehicles; and commercial and residential portable, continuous, and backup electric power generation; in accordance with any code or standards developed in a region, fund prototype, pilot fleet, and infrastructure regional hydrogen supply corridors along the interstate highway system in varied climates across the United States; and fund demonstration programs that explore the use of hydrogen blends, hybrid hydrogen, and hydrogen reformed from renewable agricultural fuels, including the use of hydrogen in hybrid electric, heavier duty, and advanced internal combustion-powered vehicles. The Secretary shall give preference to projects which address multiple elements contained in paragraphs (1) through (12).

(b) System demonstrations As a component of the demonstration program under this section, the Secretary shall provide grants, on a cost share basis as appropriate, to eligible entities (as determined by the Secretary) for use in— devising system design concepts that provide for the use of advanced composite vehicles in programs under section 16122 of this title that— have as a primary goal the reduction of drive energy requirements; after 2010, add another research and development phase, as defined in subsection (c), including the vehicle and infrastructure partnerships developed under the learning demonstrations program concept of the Department; and are managed through an enhanced FreedomCAR program within the Department that encourages involvement in cost-shared projects by manufacturers and governments; and designing a local distributed energy system that— incorporates renewable hydrogen production, off-grid electricity production, and fleet applications in industrial or commercial service; integrates energy or applications described in clause (i), such as stationary, portable, micro, and mobile fuel cells, into a high-density commercial or residential building complex or agricultural community; and is managed in cooperation with industry, State, tribal, and local governments, agricultural organizations, and nonprofit generators and distributors of electricity.

(c) Identification of new program requirements In carrying out the demonstrations under subsection (a), the Secretary, in consultation with the Task Force and the Technical Advisory Committee, shall— after 2008 for stationary and portable applications, and after 2010 for vehicles, identify new requirements that refine technological concepts, planning, and applications; and during the second phase of the learning demonstrations under subsection (b)(1)(A)(ii), redesign subsequent program work to incorporate those requirements.

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section— $185,000,000forfiscalyear2006;$200,000,000 for fiscal year 2007; $250,000,000forfiscalyear2008;$300,000,000 for fiscal year 2009; $375,000,000 for fiscal year 2010; and such sums as are necessary for each of fiscal years 2011 through 2020.

§ 16158 Codes and standards

(a) In general The Secretary, in cooperation with the Task Force, shall provide grants to, or offer to enter into contracts with, such professional organizations, public service organizations, and government agencies as the Secretary determines appropriate to support timely and extensive development of safety codes and standards relating to fuel cell vehicles, hydrogen energy systems, and stationary, portable, and micro fuel cells.

(b) Educational efforts The Secretary shall support educational efforts by organizations and agencies described in subsection (a) to share information, including information relating to best practices, among those organizations and agencies.

(c) Authorization of appropriations There are authorized to be appropriated to carry out this section— $4,000,000forfiscalyear2006;$7,000,000 for fiscal year 2007; $8,000,000forfiscalyear2008;$10,000,000 for fiscal year 2009; $9,000,000 for fiscal year 2010; and such sums as are necessary for each of fiscal years 2011 through 2020.

§ 16159 Disclosure

Section 13293 of this title shall apply to any project carried out through a grant, cooperative agreement, or contract under this subchapter. ( Pub. L. 109–58, title VIII, § 810 , Aug. 8, 2005 , 119 Stat. 852 .)

§ 16160 Reports

(a) Secretary Subject to subsection (c), not later than 2 years after August 8, 2005 , and triennially thereafter, the Secretary shall submit to Congress a report describing— activities carried out by the Department under this subchapter, 1 for hydrogen and fuel cell technology; measures the Secretary has taken during the preceding 3 years to support the transition of primary industry (or a related industry) to a fully commercialized hydrogen economy; any change made to the strategy relating to hydrogen and fuel cell technology to reflect the results of a learning demonstrations; progress, including progress in infrastructure, made toward achieving the goal of producing and deploying not less than— 100,000 hydrogen-fueled vehicles in the United States by 2010; and 2,500,000 hydrogen-fueled vehicles in the United States by 2020; progress made toward achieving the goal of supplying hydrogen at a sufficient number of fueling stations in the United States by 2010 including by integrating— hydrogen activities; and associated targets and timetables for the development of hydrogen technologies; any problem relating to the design, execution, or funding of a program under this subchapter; progress made toward and goals achieved in carrying out this subchapter and updates to the developmental roadmap, including the results of the reviews conducted by the National Academy of Sciences under subsection (b) for the fiscal years covered by the report; and any updates to strategic plans that are necessary to meet the goals described in paragraph (4).

(b) External review The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy will review the programs under sections 16154 and 16157 of this title every fourth year following August 8, 2005 . The Academy’s review shall include the program priorities and technical milestones, and evaluate the progress toward achieving them. The first review shall be completed not later than 5 years after August 8, 2005 . 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.

(c) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2006 through 2020.

§ 16161 Solar and wind technologies

(a) Solar energy technologies The Secretary shall— prepare a detailed roadmap for carrying out the provisions in this subchapter related to solar energy technologies and for implementing the recommendations related to solar energy technologies that are included in the report transmitted under subsection (e); 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; establish a program— to develop optimized concentrating solar power devices that may be used for the production of both electricity and hydrogen; and to evaluate the use of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power devices; coordinate with activities sponsored by the Department’s Office of Nuclear Energy, Science, and Technology on high-temperature materials, thermochemical cycles, and economic issues related to solar energy; 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; support existing facilities and programs of study related to concentrating solar power devices; and establish a program— to 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; to evaluate the economics of small-scale electrolysis for hydrogen production; and to study 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— prepare a detailed roadmap for carrying out the provisions in this subchapter related to wind energy technologies and for implementing the recommendations related to wind energy technologies that are included in the report transmitted under subsection (e); and 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 programs at institutions of higher education for the development of solar energy technologies and wind energy technologies for the production of hydrogen. The programs supported under this subsection shall— enhance fellowship and faculty assistance programs; provide support for fundamental research; encourage collaborative research among industry, National Laboratories, and institutions of higher education; support communication and outreach; and to the greatest extent possible— be located in geographic areas that are regionally and climatically diverse; and 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.

(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) Report The Secretary shall transmit to the Congress not later than 120 days after August 8, 2005 , a report containing detailed summaries of the roadmaps prepared under subsections (a)(1) and (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 solar and wind energy technologies for the production of hydrogen.

(f) Definitions For purposes of this section— 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; the term “minority institution” has the meaning given to that term in section 1067k of title 20 ; the term “part B institution” has the meaning given to that term in section 1061 of title 20 ; and the term “photovoltaic devices” means devices that convert light directly into electricity through a solid-state, semiconductor process.

(g) Authorization of appropriations There is authorized to be appropriated such sums as are necessary for carrying out the activities under this section for each of fiscal years 2006 through 2020.

§ 16161a Regional clean hydrogen hubs

(a) Definition of regional clean hydrogen hub In this section, the term “regional clean hydrogen hub” means a network of clean hydrogen producers, potential clean hydrogen consumers, and connective infrastructure located in close proximity.

(b) Establishment of program The Secretary shall establish a program to support the development of at least 4 regional clean hydrogen hubs that— demonstrably aid the achievement of the clean hydrogen production standard developed under section 16166(a) of this title ; demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen; and can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy.

(c) Selection of regional clean hydrogen hubs Not later than 180 days after November 15, 2021 , the Secretary shall solicit proposals for regional clean hydrogen hubs. Not later than 1 year after the deadline for the submission of proposals under paragraph (1), the Secretary shall select at least 4 regional clean hydrogen hubs to be developed under subsection (b). The Secretary shall select regional clean hydrogen hubs under paragraph (2) using the following criteria: To the maximum extent practicable— at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels; at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy; and at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy. To the maximum extent practicable— at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector; at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector; at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector; and at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector. To the maximum extent practicable, each regional clean hydrogen hub— shall be located in a different region of the United States; and shall use energy resources that are abundant in that region. To the maximum extent practicable, at least 2 regional clean hydrogen hubs shall be located in the regions of the United States with the greatest natural gas resources. The Secretary shall give priority to regional clean hydrogen hubs that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region. The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this subchapter 1 The Secretary may make grants to each regional clean hydrogen hub selected under paragraph (2) to accelerate commercialization of, and demonstrate the production, processing, delivery, storage, and end-use of, clean hydrogen.

(d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $8,000,000,000 for the period of fiscal years 2022 through 2026.

§ 16161b National clean hydrogen strategy and roadmap

(a) Development In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen. The national clean hydrogen strategy and roadmap developed under paragraph (1) shall focus on— establishing a standard of hydrogen production that achieves the standard developed under section 16166(a) of this title , including interim goals towards meeting that standard; clean hydrogen production and use from natural gas, coal, renewable energy sources, nuclear energy, and biomass; and identifying potential barriers, pathways, and opportunities, including Federal policy needs, to transition to a clean hydrogen economy; identifying— economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist in the major shale natural gas-producing regions of the United States; economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist for merchant nuclear power plants operating in deregulated markets; and environmental risks associated with potential deployment of clean hydrogen technologies in those regions, and ways to mitigate those risks; approaches, including substrategies, that reflect geographic diversity across the country, to advance clean hydrogen based on resources, industry sectors, environmental benefits, and economic impacts in regional economies; identifying opportunities to use, and barriers to using, existing infrastructure, including all components of the natural gas infrastructure system, the carbon dioxide pipeline infrastructure system, end-use local distribution networks, end-use power generators, LNG terminals, industrial users of natural gas, and residential and commercial consumers of natural gas, for clean hydrogen deployment; identifying the needs for and barriers and pathways to developing clean hydrogen hubs (including, where appropriate, clean hydrogen hubs coupled with carbon capture, utilization, and storage hubs) that— are regionally dispersed across the United States and can leverage natural gas to the maximum extent practicable; can demonstrate the efficient production, processing, delivery, and use of clean hydrogen; include transportation corridors and modes of transportation, including transportation of clean hydrogen by pipeline and rail and through ports; and where appropriate, could serve as joint clean hydrogen and carbon capture, utilization, and storage hubs; prioritizing activities that improve the ability of the Department to develop tools to model, analyze, and optimize single-input, multiple-output integrated hybrid energy systems and multiple-input, multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen, high-value heat, electricity, and chemical synthesis services; identifying the appropriate points of interaction between and among Federal agencies involved in the production, processing, delivery, storage, and use of clean hydrogen and clarifying the responsibilities of those Federal agencies, and potential regulatory obstacles and recommendations for modifications, in order to support the deployment of clean hydrogen; and identifying geographic zones or regions in which clean hydrogen technologies could efficiently and economically be introduced in order to transition existing infrastructure to rely on clean hydrogen, in support of decarbonizing all relevant sectors of the economy.

(b) Reports to Congress Not later than 180 days after November 15, 2021 , the Secretary shall submit to Congress the clean hydrogen strategy and roadmap developed under subsection (a). The Secretary shall submit to Congress updates to the clean hydrogen strategy and roadmap under paragraph (1) not less frequently than once every 3 years after the date on which the Secretary initially submits the report and roadmap.

§ 16161c Clean hydrogen manufacturing and recycling

(a) Clean hydrogen manufacturing initiative In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques. In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that— increase efficiency and cost-effectiveness in— the manufacturing process; and the use of resources, including existing energy infrastructure; support domestic supply chains for materials and components; identify and incorporate nonhazardous alternative materials for components and devices; operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or are located in economically distressed areas of the major natural gas-producing regions of the United States. Not later than 3 years after November 15, 2021 , and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1).

(b) Clean hydrogen technology recycling research, development, and demonstration program In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by— increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells; minimizing environmental impacts from the recovery and disposal processes; addressing any barriers to the research, development, demonstration, and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production, processing, delivery, storage, and use; developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen technologies; developing alternative disassembly and resource recovery processes that enable efficient, cost-effective, and environmentally responsible disassembly of, and resource recovery from, clean hydrogen technologies; and developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells. The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects.

(c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.

§ 16161d Clean hydrogen electrolysis program

(a) Definitions In this section: The term “electrolysis” means a process that uses electricity to split water into hydrogen and oxygen. The term “electrolyzer” means a system that produces hydrogen using electrolysis. The term “program” means the program established under subsection (b).

(b) Establishment Not later than 90 days after November 15, 2021 , the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.

(c) Goals The goals of the program are— to reduce the cost of hydrogen produced using electrolyzers to less than $2 per kilogram of hydrogen by 2026; and any other goals the Secretary determines are appropriate.

(d) Demonstration projects In carrying out the program, the Secretary shall fund demonstration projects— to demonstrate technologies that produce clean hydrogen using electrolyzers; and to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1).

(e) Focus The program shall focus on research relating to, and the development, demonstration, and deployment of— low-temperature electrolyzers, including liquid-alkaline electrolyzers, membrane-based electrolyzers, and other advanced electrolyzers, capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability; high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production; advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell; new highly active, selective, and durable electrolyzer catalysts and electro-catalysts that— greatly reduce or eliminate the need for platinum group metals; and enable electrolysis of complex mixtures with impurities, including seawater; modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 824 o (a) of title 16); low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater; improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of electrolyzers at a high volume; clean hydrogen storage technologies; technologies that integrate hydrogen production with— clean hydrogen compression and drying technologies; clean hydrogen storage; and transportation or stationary systems; and integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies, including hybrid systems with hydrogen storage.

(f) Grants, contracts, cooperative agreements In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c). In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b). The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary. An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.

§ 16161e Laboratory management

(a) In general The National Energy Technology Laboratory, the Idaho National Laboratory, and the National Renewable Energy Laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections 16161a and 16161c of this title.

(b) Coordination; clearinghouse In carrying out subsection (a), the National Energy Technology Laboratory shall— coordinate with— the Idaho National Laboratory, the National Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner; institutions of higher education; research institutes; industrial researchers; and international researchers; and act as a clearinghouse to collect information from, and distribute information to, the National Laboratories and other entities described in subparagraphs (B) through (E) of paragraph (1).

§ 16162 Technology transfer

In carrying out this subchapter, the Secretary shall carry out programs that— provide for the transfer of critical hydrogen and fuel cell technologies to the private sector; accelerate wider application of those technologies in the global market; foster the exchange of generic, nonproprietary information; and assess technical and commercial viability of technologies relating to the production, distribution, storage, and use of hydrogen energy and fuel cells. ( Pub. L. 109–58, title VIII, § 818 , formerly § 813, Aug. 8, 2005 , 119 Stat. 855 ; renumbered § 818, Pub. L. 117–58, div. D, title III, § 40314(1) , Nov. 15, 2021 , 135 Stat. 1008 .)

§ 16163 Miscellaneous provisions

(a) Representation The Secretary may represent the United States interests with respect to activities and programs under this subchapter, 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— other Federal, State, regional, and local governments and their representatives; industry and its representatives, including members of the energy and transportation industries; and in consultation with the Department of State, foreign governments and their representatives including international organizations.

(b) Regulatory authority Nothing in this subchapter shall be construed to alter the regulatory authority of the Department.

§ 16164 Cost sharing

The costs of carrying out projects and activities under this subchapter shall be shared in accordance with section 16352 of this title . ( Pub. L. 109–58, title VIII, § 820 , formerly § 815, Aug. 8, 2005 , 119 Stat. 855 ; renumbered § 820, Pub. L. 117–58, div. D, title III, § 40314(1) , Nov. 15, 2021 , 135 Stat. 1008 .)

§ 16165 Savings clause

Nothing in this subchapter shall be construed to affect the authority of the Secretary of Transportation that may exist prior to August 8, 2005 , with respect to— research into, and regulation of, hydrogen-powered vehicles fuel systems integrity, standards, and safety under subtitle VI of title 49; regulation of hazardous materials transportation under chapter 51 of title 49; regulation of pipeline safety under chapter 601 of title 49; encouragement and promotion of research, development, and deployment activities relating to advanced vehicle technologies under section 5506 1 of title 49; regulation of motor vehicle safety under chapter 301 of title 49; automobile fuel economy under chapter 329 of title 49; or representation of the interests of the United States with respect to the activities and programs under the authority of title 49. ( Pub. L. 109–58, title VIII, § 821 , formerly § 816, Aug. 8, 2005 , 119 Stat. 855 ; renumbered § 821, Pub. L. 117–58, div. D, title III, § 40314(1) , Nov. 15, 2021 , 135 Stat. 1008 .)

§ 16166 Clean hydrogen production qualifications

(a) In general Not later than 180 days after November 15, 2021 , the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this subchapter.

(b) Requirements The standard developed under subsection (a) shall— support clean hydrogen production from each source described in section 16154(e)(2) of this title ; define the term “clean hydrogen” to mean hydrogen produced with a carbon intensity equal to or less than 2 kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced; and take into consideration technological and economic feasibility. Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall— determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment.

(c) Application The standard developed under subsection (a) shall apply to clean hydrogen production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology.

§ 16181 Goals

(a) In general In order to achieve the purposes of this subchapter, the Secretary shall conduct a balanced set of programs of energy research, development, demonstration, and commercial application with the general goals of— increasing the efficiency of all energy intensive sectors through conservation and improved technologies; promoting diversity of energy supply; decreasing the dependence of the United States on foreign energy supplies; improving the energy security of the United States; and decreasing the environmental impact of energy-related activities.

(b) Goals The Secretary shall publish measurable cost and performance-based goals, comparable over time, with each annual budget submission in at least the following areas: Energy efficiency for buildings, energy-consuming industries, and vehicles. Electric energy generation (including distributed generation), transmission, and storage. Renewable energy technologies, including wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, and hydropower. Fossil energy, including power generation, onshore and offshore oil and gas resource recovery, and transportation fuels. Nuclear energy, including programs for existing and advanced reactors, and education of future specialists.

(c) Public comment The Secretary shall provide mechanisms for input on the annually published goals from industry, institutions of higher education, and other public sources.

(d) Effect of goals Nothing in subsection (a) or the annually published goals creates any new authority for any Federal agency, or may be used by any Federal agency, to support the establishment of regulatory standards or regulatory requirements.

§ 16182 Definitions

In this subchapter: The term “departmental mission” means any of the functions vested in the Secretary by the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq.) or other law. The term “Hispanic-serving institution” has the meaning given the term in section 1101a(a) of title 20 . The term “nonmilitary energy laboratory” means a National Laboratory other than a National Laboratory listed in subparagraph (G), (H), or (N) of section 15801(3) of this title . The term “part B institution” has the meaning given the term in section 1061 of title 20 . The term “single-purpose research facility” means— any of the primarily single-purpose entities owned by the Department; or any other organization of the Department designated by the Secretary. The term “university” has the meaning given the term “institution of higher education” in section 1001 of title 20 . ( Pub. L. 109–58, title IX, § 903 , Aug. 8, 2005 , 119 Stat. 856 .)

§ 16183 Energy and water for sustainability

(a) Nexus of energy and water for sustainability In this section: The term “Department” means the Department of Energy. The term “energy-water nexus” means the links between— the water needed to produce fuels, electricity, and other forms of energy; and the energy needed to transport, reclaim, and treat water and wastewater. The term “Interagency RD&D Coordination Committee” means the Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustainability (or the “NEWS RD&D Committee”) established under paragraph (3)(A). The term “Nexus of Energy and Water Sustainability RD&D Office” or the “NEWS RD&D Office” means an office located at the Department and managed in cooperation with the Department of the Interior pursuant to an agreement between the 2 agencies to carry out leadership and administrative functions for the Interagency RD&D Coordination Committee. The term “RD&D” means research, development, and demonstration. The term “Secretary” means the Secretary of Energy. Recognizing States’ primacy over allocation and administration of water resources (except in specific instances where preempted under Federal law) and the siting of energy infrastructure within State boundaries on non-Federal lands, it is the national policy that the Federal government, in all energy-water nexus management activities, shall maximize coordination and consultation among Federal agencies and with State and local governments, and disseminate information to the public in the most effective manner. Not later than 180 days after December 27, 2020 , the Secretary and the Secretary of the Interior shall establish the joint NEWS RD&D Office and Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustainability (or the “NEWS RD&D Committee”) to carry out the duties described in subparagraph (C). The Secretary and the Secretary of the Interior shall jointly manage the NEWS RD&D Office and serve as co-chairs of the Interagency RD&D Coordination Committee. Membership and staffing shall be determined by the co-chairs. The Interagency RD&D Coordination Committee shall— serve as a forum for developing common Federal goals and plans on energy-water nexus RD&D activities, in coordination with the National Science and Technology Council; not later than 1 year after December 27, 2020 , and biennially thereafter, issue a strategic plan on energy-water nexus RD&D activities, priorities, and objectives pursuant to subparagraph (D), which shall be developed in consultation with relevant State and local governments; convene and promote coordination of RD&D activities of relevant Federal departments and agencies on energy-water nexus; coordinate and develop capabilities and methodologies related to RD&D activities for data collection, data communication protocols (including models and modeling results), data management, and dissemination of validated data and results related to energy-water nexus RD&D activities to requesting Federal departments and agencies; and promote information exchange between Federal departments and agencies— to identify and document Federal and non-Federal RD&D programs and funding opportunities that support basic and applied RD&D proposals to advance energy-water nexus related science and technologies; to leverage existing RD&D programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and to identify opportunities for domestic and international public-private partnerships, innovative financing mechanisms, and information and data exchange with respect to RD&D activities; identify ways to leverage existing RD&D programs, including programs at the State and local level; make publicly available the results of RD&D activities on the energy water nexus; with regard to RD&D programs, recommend improvements and best practices for the collection and dissemination of federal water use data and the use of monitoring networks; and promote coordination on RD&D with non-Federal interests by— consulting with representatives of research and academic institutions, State, local, and Tribal governments, public utility commissions, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus; and considering conducting technical workshops. In developing the strategic plan pursuant to (C)(ii), the Interagency RD&D Coordination Committee shall— to the maximum extent possible, avoid duplication with other Federal RD&D programs, and projects, including with those of the National Laboratories; consider inclusion of specific research, development and demonstration needs, including— innovative practices, technologies and other advancements improving water efficiency, treatment, recovery, or reuse associated with energy generation, including cooling, and fuel production; innovative practices, technologies and other advancements associated with energy use in water collection, supply, delivery, distribution, treatment, or reuse; innovative practices, technologies and other advancements associated with generation or production of energy from water or wastewater systems; and modeling and systems analysis related to energy-water nexus; and submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives. Nothing in this section grants to the Interagency RD&D Coordination Committee the authority to promulgate regulations or set standards. Notwithstanding any other provision of law, nothing in this section shall be construed to require State, Tribal, or local governments to take any action that may result in an increased financial burden to such governments. In developing the strategic plan described in subparagraph (C)(ii), the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, public utility commissions, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus. At the end of the 5-year period beginning on the date on which the Interagency RD&D Coordination Committee and NEWS RD&D Office are established, the NEWS RD&D Office shall— review the activities, relevance, and effectiveness of the Interagency RD&D Coordination Committee; and submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives a report that— describes the results of the review conducted under clause (i); and includes a recommendation on whether the Interagency RD&D Coordination Committee should continue. Not later than 30 days after the President submits the budget of the United States Government under section 1105 of title 31 , the co-chairs of the Interagency RD&D Coordination Committee (acting through the NEWS RD&D Office) shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives, an interagency budget crosscut report that displays at the program-, project-, and activity-level for each of the Federal agencies that carry out or support (including through grants, contracts, interagency and intraagency transfers, and multiyear and no-year funds) basic and applied RD&D activities to advance the energy-water nexus related science and technologies, including— the budget proposed in the budget request of the President for the upcoming fiscal year; expenditures and obligations for the prior fiscal year; and estimated expenditures and obligations for the current fiscal year. The authority provided to the NEWS RD&D Office and NEWS RD&D Committee under this subsection shall terminate on the date that is 7 years after December 27, 2020 . The termination of authority under subparagraph (A) shall not affect ongoing interagency planning, coordination, or other RD&D activities relating to the energy-water nexus.

(b) Integrating energy and water research The Secretary shall integrate the following considerations into energy RD&D programs and projects of the Department by— advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of— minimizing freshwater withdrawal and consumption; increasing water use efficiency; and utilizing nontraditional water sources; considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and improving understanding of the energy-water nexus (as defined in subsection (a)(1)).

(c) Additional activities The Secretary may provide for such additional RD&D activities as appropriate to integrate the considerations described in subsection (b) into the RD&D activities of the Department.

§ 16191 Energy efficiency

(a) In general The Secretary shall conduct programs of energy efficiency research, development, demonstration, and commercial application, including activities described in this part. Such programs shall take into consideration the following objectives: Increasing the energy efficiency of vehicles, buildings, and industrial processes. Reducing the demand of the United States for energy, especially energy from foreign sources. Reducing the cost of energy and making the economy more efficient and competitive. Improving the energy security of the United States. Reducing the environmental impact of energy-related activities. Programs under this part shall include research, development, demonstration, and commercial application of— advanced, cost-effective technologies to improve the energy efficiency and environmental performance of vehicles, including— hybrid and electric propulsion systems; plug-in hybrid systems; advanced combustion engines; weight and drag reduction technologies; whole-vehicle design optimization; and advanced drive trains; cost-effective technologies, for new construction and retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings approach, including onsite renewable energy generation; advanced technologies to improve the energy efficiency, environmental performance, and process efficiency of energy-intensive and waste-intensive industries; advanced control devices to improve the energy efficiency of electric motors, including those used in industrial processes, heating, ventilation, and cooling; and technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out energy efficiency and conservation research, development, demonstration, and commercial application activities, including activities authorized under this part— $783,000,000forfiscalyear2007;$865,000,000 for fiscal year 2008; and $952,000,000 for fiscal year 2009.

(c) Allocations From amounts authorized under subsection (b), the following sums are authorized: For activities under section 16192 of this title , $50,000,000foreachoffiscalyears2007through2009.Foractivitiesundersection16195ofthistitle,$7,000,000 for each of fiscal years 2007 through 2009. For activities under subsection (a)(2)(A)— $200,000,000forfiscalyear2007;$270,000,000 for fiscal year 2008; and $310,000,000forfiscalyear2009.Foractivitiesundersubsection(a)(2)(D),$2,000,000 for each of fiscal years 2007 and 2008.

(d) Extended authorization There are authorized to be appropriated to the Secretary to carry out section 16192 of this title $50,000,000 for each of fiscal years 2010 through 2013.

(e) Limitations None of the funds authorized to be appropriated under this section may be used for— the issuance or implementation of energy efficiency regulations; the weatherization program established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq.); a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq.); or a Federal energy management measure carried out under part 3 of title V of the National Energy Conservation Policy Act ( 42 U.S.C. 8251 et seq.).

§ 16192 Next Generation Lighting Initiative

(a) Definitions In this section: The term “advanced solid-state lighting” means a semiconducting device package and delivery system that produces white light using externally applied voltage. The term “Industry Alliance” means an entity selected by the Secretary under subsection (d). The term “Initiative” means the Next Generation Lighting Initiative carried out under this section. The term “research” includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes. The term “white light emitting diode” means a semiconducting package, using either organic or inorganic materials, that produces white light using externally applied voltage.

(b) Initiative The Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes.

(c) Objectives The objectives of the Initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-competitive, and have less environmental impact.

(d) Industry Alliance Not later than 90 days after August 8, 2005 , the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms, open to large and small businesses, that, as a group, are broadly representative of United States solid-state lighting research, development, infrastructure, and manufacturing expertise as a whole.

(e) Research The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to— researchers, including Industry Alliance participants; small businesses; National Laboratories; and institutions of higher education. The Secretary shall annually solicit from the Industry Alliance— comments to identify solid-state lighting technology needs; an assessment of the progress of the research activities of the Initiative; and assistance in annually updating solid-state lighting technology roadmaps. The information and roadmaps under paragraph (2) shall be available to the public.

(f) Development, demonstration, and commercial application The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards. In making the awards, the Secretary may give preference to participants in the Industry Alliance.

(g) Cost sharing In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title .

(h) Intellectual property The Secretary may require (in accordance with section 202(a)(ii) of title 35 , section 2182 of this title , and section 5908 of this title ) that for any new invention developed under subsection (e)— that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances; that, for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or royalty with any entity that is not a participant in the Industry Alliance described in paragraph (1); and that, during the year described in subparagraph (A), the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in paragraph (1); and such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative.

(i) National Academy review The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative.

§ 16193 National Building Performance Initiative

(a) Interagency group Not later than 90 days after August 8, 2005 , the Director of the Office of Science and Technology Policy shall establish an interagency group to develop, in coordination with the advisory committee established under subsection (e), a National Building Performance Initiative (referred to in this section as the “Initiative”). The interagency group shall be co-chaired by appropriate officials of the Department and the Department of Commerce, who shall jointly arrange for the provision of necessary administrative support to the group.

(b) Integration of efforts The Initiative shall integrate Federal, State, and voluntary private sector efforts to reduce the costs of construction, operation, maintenance, and renovation of commercial, industrial, institutional, and residential buildings.

(c) Plan Not later than 1 year after August 8, 2005 , the interagency group shall submit to Congress a plan for carrying out the appropriate Federal role in the Initiative. The plan shall include— research, development, demonstration, and commercial application of energy technology systems and materials for new construction and retrofit relating to the building envelope and building system components; research, development, demonstration, and commercial application of energy technology and infrastructure enabling the energy efficient, automated operation of buildings and building equipment; and the collection, analysis, and dissemination of research results and other pertinent information on enhancing building performance to industry, government entities, and the public.

(d) Department of Energy role Within the Federal portion of the Initiative, the Department shall be the lead agency for all aspects of building performance related to use and conservation of energy.

(e) Advisory committee The Director of the Office of Science and Technology Policy shall establish an advisory committee to— analyze and provide recommendations on potential private sector roles and participation in the Initiative; and review and provide recommendations on the plan described in subsection (c).

(f) Administration Nothing in this section provides any Federal agency with new authority to regulate building performance.

§ 16194 Building standards

(a) Definition of high performance building In this section, the term “high performance building” means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity.

(b) Assessment Not later than 120 days after August 8, 2005 , the Secretary shall enter into an agreement with the National Institute of Building Sciences to— conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high performance buildings are consistent with the current technological state of the art, including relevant results from the research, development and demonstration activities of the Department; determine if additional research is required, based on the findings of the assessment; and recommend steps for the Secretary to accelerate the development of voluntary consensus-based standards for high performance buildings that are based on the findings of the assessment.

(c) Grant and technical assistance program Consistent with subsection (b) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U.S.C. 272 note), the Secretary shall establish a grant and technical assistance program to support the development of voluntary consensus-based standards for high performance buildings.

§ 16195 Secondary electric vehicle battery use program

(a) Definitions In this section: The term “battery” means an energy storage device that previously has been used to provide motive power in a vehicle powered in whole or in part by electricity. The term “associated equipment” means equipment located where the batteries will be used that is necessary to enable the use of the energy stored in the batteries.

(b) Program The Secretary shall establish and conduct a program of research, development, demonstration, and commercial application of energy technology for the secondary use of batteries, if the Secretary finds that there are sufficient numbers of batteries to support the program. The program shall be— designed to demonstrate the use of batteries in secondary applications, including utility and commercial power storage and power quality; structured to evaluate the performance, including useful service life and costs, of such batteries in field operations, and the necessary supporting infrastructure, including reuse and disposal of batteries; and coordinated with ongoing secondary battery use programs at the National Laboratories and in industry.

(c) Solicitation Not later than 180 days after August 8, 2005 , the Secretary shall solicit proposals to demonstrate the secondary use of batteries and associated equipment and supporting infrastructure in geographic locations throughout the United States. The Secretary may make additional solicitations for proposals if the Secretary determines that the solicitations are necessary to carry out this section.

(d) Selection of proposals Not later than 90 days after the closing date established by the Secretary for receipt of proposals under subsection (c), the Secretary shall select up to five proposals that may receive financial assistance under this section once the Department receives appropriated funds to carry out this section. In selecting proposals, the Secretary shall consider— the diversity of battery type; geographic and climatic diversity; and life-cycle environmental effects of the approaches. No one project selected under this section shall receive more than 25 percent of the funds made available to carry out the program under this section. In selecting proposals, the Secretary shall consider the extent of involvement of State or local government and other persons in each demonstration project to optimize use of Federal resources. In selecting proposals, the Secretary may consider such other criteria as the Secretary considers appropriate.

(e) Conditions In carrying out this section, the Secretary shall require that— relevant information be provided to— the Department; the users of the batteries; the proposers of a project under this section; and the battery manufacturers; and the costs of carrying out projects and activities under this section are shared in accordance with section 16352 of this title .

§ 16196 Energy Efficiency Science Initiative

(a) Establishment The Secretary shall establish an Energy Efficiency Science Initiative to be managed by the Assistant Secretary in the Department with responsibility for energy conservation under section 7133(a)(9) of this title , in consultation with the Director of the Office of Science, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency.

(b) Report The Secretary shall submit to Congress, along with the annual budget request of the President submitted to Congress, a report on the activities of the Energy Efficiency Science Initiative, including a description of the process used to award the funds and an explanation of how the research relates to energy efficiency.

§ 16197 Advanced Energy Technology Transfer Centers

(a) Grants Not later than 18 months after May 8, 2008 , the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall— give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies; ensure that, to the extent practicable, the program enables the transfer of knowledge and information— about a variety of technologies; and in a variety of geographic areas; give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.

(b) Activities Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities: Developing and distributing informational materials on technologies that could use energy more efficiently. Carrying out demonstrations of advanced energy methods and technologies. Developing and conducting seminars, workshops, long-distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently. Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users. Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department. Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5).

(c) Application A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum— a description of the applicant’s outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use; a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities; a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served; an estimate of the number and types of energy end-users expected to be reached through such activities; and a description of how the applicant will assess the success of the program.

(d) Selection criteria The Secretary shall award grants under this section on the basis of the following criteria, at a minimum: The ability of the applicant to carry out the proposed activities. The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories. The appropriateness of the applicant’s outreach program for carrying out the program described in this section. The likelihood that proposed activities could be expanded or used as a model for other areas.

(e) Cost-sharing In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 16352 of this title for commercial application activities.

(f) Duration A grant awarded under this section shall be for a period of 5 years. Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant. If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension. No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time.

(g) Prohibition None of the funds awarded under this section may be used for the construction of facilities.

(h) Definitions For purposes of this section: The term “advanced energy methods and technologies” means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use. The term “Center” means an Advanced Energy Technology Transfer Center established pursuant to this section. The term “distributed generation” means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production. The term “Cooperative Extension” means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914 [ 7 U.S.C. 341 et seq.]. The term “land-grant colleges and universities” means— 1862 Institutions (as defined in section 7601 of title 7 ); 1890 Institutions (as defined in section 7601 of title 7 ); and 1994 Institutions (as defined in section 7601 of title 7 ).

(i) Authorization of appropriations In addition to amounts otherwise authorized to be appropriated in section 16191 of this title , there are authorized to be appropriated for the program under this section such sums as may be appropriated.

§ 16198 Smart energy and water efficiency pilot program

(a) Definitions In this section: The term “eligible entity” means— a utility; a municipality; a water district; an Indian Tribe or Alaska Native village; and any other authority that provides water, wastewater, or water reuse services. The term “smart energy and water efficiency pilot program” or “pilot program” means the pilot program established under subsection (b).

(b) Smart energy and water efficiency pilot program The Secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section. The purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate unique, advanced, or innovative technology-based solutions that will— improve the net energy balance of water, wastewater, and water reuse systems; improve the net energy balance of water, wastewater, and water reuse systems to help communities across the United States make measurable progress in conserving water, saving energy, and reducing costs; support the implementation of innovative and unique processes and the installation of established advanced automated systems that provide real-time data on energy and water; and improve energy-water conservation and quality and predictive maintenance through technologies that utilize internet connected technologies, including sensors, intelligent gateways, and security embedded in hardware. The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider— energy and cost savings; the uniqueness, commercial viability, and reliability of the technology to be used; the degree to which the project integrates next-generation sensors software, analytics, and management tools; the anticipated cost-effectiveness of the pilot project through measurable energy savings, water savings or reuse, and infrastructure costs averted; whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented in a wide range of applications ranging in scale from small towns to large cities, including Tribal communities; whether the technology has been successfully deployed elsewhere; whether the technology was sourced from a manufacturer based in the United States; and whether the project will be completed in 5 years or less. Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. An application under clause (i) shall, at a minimum, include— a description of the project; a description of the technology to be used in the project; the anticipated results, including energy and water savings, of the project; a comprehensive budget for the project; the names of the project lead organization and any partners; the number of users to be served by the project; a description of the ways in which the proposal would meet performance measures established by the Secretary; and any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. Not later than 1 year after December 27, 2020 , the Secretary shall select grant recipients under this section. The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that meets performance measures and benchmarks developed by the Secretary, consistent with the purposes of this section. Consistent with the performance measures and benchmarks developed under clause (i), in carrying out an evaluation under that clause, the Secretary shall— evaluate the progress and impact of the project; and assess the degree to which the project is meeting the goals of the pilot program. On the request of a grant recipient, the Secretary shall provide technical and policy assistance. The Secretary shall make available to the public through the Internet and other means the Secretary considers to be appropriate— a copy of each evaluation carried out under subparagraph (B); and a description of any best practices identified by the Secretary as a result of those evaluations. The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B).

(c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $15,000,000, to remain available until expended.

§ 16211 Distributed energy and electric energy systems

(a) In general The Secretary shall carry out programs of research, development, demonstration, and commercial application on distributed energy resources and systems reliability and efficiency, to improve the reliability and efficiency of distributed energy resources and systems, integrating advanced energy technologies with grid connectivity, including activities described in this part. The programs shall address advanced energy technologies and systems and advanced grid reliability technologies.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out distributed energy and electric energy systems activities, including activities authorized under this part— $240,000,000forfiscalyear2007;$255,000,000 for fiscal year 2008; and $273,000,000 for fiscal year 2009. There are authorized to be appropriated to the Secretary to carry out the Power Delivery Research Initiative under subsection 1 16215(e) of this title such sums as may be necessary for each of fiscal years 2007 through 2009.

(c) Micro-cogeneration energy technology From amounts authorized under subsection (b), $20,000,000 for each of fiscal years 2007 and 2008 shall be available to carry out activities under section 16213 of this title .

(d) High-voltage transmission lines From amounts authorized under subsection (b), $2,000,000 for fiscal year 2007 shall be available to carry out activities under section 16215(g) of this title .

§ 16212 High power density industry program

(a) In general The Secretary shall establish a comprehensive research, development, demonstration, and commercial application to improve the energy efficiency of high power density facilities, including data centers, server farms, and telecommunications facilities.

(b) Technologies The program shall consider technologies that provide significant improvement in thermal controls, metering, load management, peak load reduction, or the efficient cooling of electronics.

§ 16213 Micro-cogeneration energy technology

(a) In general The Secretary shall make competitive, merit-based grants to consortia for the development of micro-cogeneration energy technology.

(b) Uses The consortia shall explore— the use of small-scale combined heat and power in residential heating appliances; the use of excess power to operate other appliances within the residence; and the supply of excess generated power to the power grid.

§ 16214 Distributed energy technology demonstration programs

(a) Coordinating consortia program The Secretary may provide financial assistance to coordinating consortia of interdisciplinary participants for demonstrations designed to accelerate the use of distributed energy technologies (such as fuel cells, microturbines, reciprocating engines, thermally activated technologies, and combined heat and power systems) in high-energy intensive commercial applications.

(b) Small-scale portable power program The Secretary shall— establish a research, development, and demonstration program to develop working models of small scale portable power devices; and to the fullest extent practicable, identify and utilize the resources of universities that have shown expertise with respect to advanced portable power devices for either civilian or military use. The universities identified and utilized under paragraph (1)(B) are authorized to establish an organization to promote small scale portable power devices. For purposes of this subsection, the term “small scale portable power device” means a field-deployable portable mechanical or electromechanical device that can be used for applications such as communications, computation, mobility enhancement, weapons systems, optical devices, cooling, sensors, medical devices, and active biological agent detection systems.

§ 16215 Electric transmission and distribution programs

(a) Program The Secretary shall establish a comprehensive research, development, and demonstration program to ensure the reliability, efficiency, and environmental integrity of electrical transmission and distribution systems, which shall include— advanced energy delivery technologies, energy storage technologies, materials, and systems, giving priority to new transmission technologies, including composite conductor materials and other technologies that enhance reliability, operational flexibility, or power-carrying capability; advanced grid reliability and efficiency technology development; technologies contributing to significant load reductions; advanced metering, load management, and control technologies; technologies to enhance existing grid components; the development and use of high-temperature superconductors to— enhance the reliability, operational flexibility, or power-carrying capability of electric transmission or distribution systems; or increase the efficiency of electric energy generation, transmission, distribution, or storage systems; integration of power systems, including systems to deliver high-quality electric power, electric power reliability, and combined heat and power; supply of electricity to the power grid by small scale, distributed and residential-based power generators; the development and use of advanced grid design, operation, and planning tools; the development of cost-effective technologies that enable two-way information and power flow between distributed energy resources and the electric grid; the development of technologies and concepts that enable interoperability between distributed energy resources and other behind-the-meter devices and the electric grid; any other infrastructure technologies, as appropriate; and technology transfer and education.

(b) Program plan Not later than 1 year after August 8, 2005 , the Secretary, in consultation with other appropriate Federal agencies, shall prepare and submit to Congress a 5-year program plan to guide activities under this section. In preparing the program plan, the Secretary shall consult with— utilities; energy service providers; manufacturers; institutions of higher education; other appropriate State and local agencies; environmental organizations; professional and technical societies; and any other persons the Secretary considers appropriate.

(c) Implementation The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories.

(d) Report Not later than 2 years after the submission of the plan under subsection (b), the Secretary shall submit to Congress a report— describing the progress made under this section; and identifying any additional resources needed to continue the development and commercial application of transmission and distribution of infrastructure technologies.

(e) Power delivery research initiative The Secretary shall establish a research, development, and demonstration initiative specifically focused on power delivery using components incorporating high temperature superconductivity. The goals of the Initiative shall be— to establish world-class facilities to develop high temperature superconductivity power applications in partnership with manufacturers and utilities; to provide technical leadership for establishing reliability for high temperature superconductivity power applications, including suitable modeling and analysis; to facilitate the commercial transition toward direct current power transmission, storage, and use for high power systems using high temperature superconductivity; and to facilitate the integration of very low impedance high temperature superconducting wires and cables in existing electric networks to improve system performance, power flow control, and reliability. The Initiative shall include— feasibility analysis, planning, research, and design to construct demonstrations of superconducting links in high power, direct current, and controllable alternating current transmission systems; public-private partnerships to demonstrate deployment of high temperature superconducting cable into testbeds simulating a realistic transmission grid and under varying transmission conditions, including actual grid insertions; and testbeds developed in cooperation with National Laboratories, industries, and institutions of higher education to— demonstrate those technologies; prepare the technologies for commercial introduction; and address cost or performance roadblocks to successful commercial use.

(f) Transmission and distribution grid planning and operations initiative The Secretary shall establish a research, development, and demonstration initiative specifically focused on tools needed to plan, operate, and expand the transmission and distribution grids in the presence of competitive market mechanisms for energy, load demand, customer response, and ancillary services. The goals of the Initiative shall be— to develop and use a geographically distributed center, consisting of institutions of higher education, and National Laboratories, with expertise and facilities to develop the underlying theory and software for power system application; and to ensure commercial development in partnership with software vendors and utilities; to provide technical leadership in engineering and economic analysis for the reliability and efficiency of power systems planning and operations in the presence of competitive markets for electricity; to model, simulate, and experiment with new market mechanisms and operating practices to understand and optimize those new methods before actual use; and to provide technical support and technology transfer to electric utilities and other participants in the domestic electric industry and marketplace.

(g) High-voltage transmission lines As part of the program described in subsection (a), the Secretary shall award a grant to a university research program to design and test, in consultation with the Tennessee Valley Authority, state-of-the-art optimization techniques for power flow through existing high voltage transmission lines.

§ 16231 Renewable energy

(a) In general The Secretary shall conduct programs of renewable energy research, development, demonstration, and commercial application, including activities described in this part. Such programs shall take into consideration the following objectives: Increasing the conversion efficiency of all forms of renewable energy through improved technologies. Decreasing the cost of renewable energy generation and delivery. Promoting the diversity of the energy supply. Decreasing the dependence of the United States on foreign energy supplies. Improving United States energy security. Decreasing the environmental impact of energy-related activities. Increasing the export of renewable generation equipment from the United States. The Secretary shall conduct a program of research, development, demonstration, and commercial application for geothermal energy. The program shall focus on developing improved technologies for reducing the costs of geothermal energy installations, including technologies for— improving detection of geothermal resources; decreasing drilling costs; decreasing maintenance costs through improved materials; increasing the potential for other revenue sources, such as mineral production; and increasing the understanding of reservoir life cycle and management. The Secretary shall conduct a program of research, development, demonstration, and commercial application for cost competitive technologies that enable the development of new and incremental hydropower capacity, adding to the diversity of the energy supply of the United States, including: Fish-friendly large turbines. Advanced technologies to enhance environmental performance and yield greater energy efficiencies. The Secretary shall conduct research, development, demonstration, and commercial application programs for— ocean energy, including wave energy; the combined use of renewable energy technologies with one another and with other energy technologies, including the combined use of wind power and coal gasification technologies; renewable energy technologies for cogeneration of hydrogen and electricity; and kinetic hydro turbines.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out renewable energy research, development, demonstration, and commercial application activities, including activities authorized under this part— $632,000,000forfiscalyear2007;$743,000,000 for fiscal year 2008; $852,000,000forfiscalyear2009;and$963,000,000 for fiscal year 2010.

(c) Bioenergy From the amounts authorized under subsection (b), there are authorized to be appropriated to carry out section 16232 of this title — $213,000,000forfiscalyear2007,ofwhich$100,000,000 shall be for section 16232(d) of this title ; $377,000,000forfiscalyear2008,ofwhich$125,000,000 shall be for section 16232(d) of this title ; $398,000,000forfiscalyear2009,ofwhich$150,000,000 shall be for section 16232(d) of this title ; and $419,000,000forfiscalyear2010,ofwhich$150,000,000 shall be for section 16232(d) of this title .

(d) Administration Of the funds authorized under subsection (c), not less than $5,000,000 for each fiscal year shall be made available for grants to— part B institutions; Tribal Colleges or Universities (as defined in section 1059c(b) of title 20 ); and Hispanic-serving institutions.

(e) Rural demonstration projects In carrying out this section, the Secretary, in consultation with the Secretary of Agriculture, shall demonstrate the use of renewable energy technologies to assist in delivering electricity to rural and remote locations including — advanced wind power technology, including combined use with coal gasification; biomass; and geothermal energy systems.

(f) Analysis and evaluation The Secretary shall conduct analysis and evaluation in support of the renewable energy programs under this part. These activities shall be used to guide budget and program decisions, and shall include— economic and technical analysis of renewable energy potential, including resource assessment; analysis of past program performance, both in terms of technical advances and in market introduction of renewable energy; and any other analysis or evaluation that the Secretary considers appropriate. The Secretary may designate up to 1 percent of the funds appropriated for carrying out this part for analysis and evaluation activities under this subsection.

§ 16232 Bioenergy program

(a) Definitions In this section: The term “biomass” means— any organic material grown for the purpose of being converted to energy; any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into energy; or any waste material that can be converted to energy, is segregated from other waste materials, and is derived from— any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material; or 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. The term “lignocellulosic feedstock” means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse.

(b) Program The Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including— biopower energy systems; biofuels; bioproducts; integrated biorefineries that may produce biopower, biofuels, and bioproducts; cross-cutting research and development in feedstocks; and economic analysis.

(c) Biofuels and bioproducts The goals of the biofuels and bioproducts programs shall be to develop, in partnership with industry and institutions of higher education— advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with gasoline or diesel in either internal combustion engines or fuel cell-powered vehicles; advanced biotechnology processes capable of making biofuels and bioproducts with emphasis on development of biorefinery technologies using enzyme-based processing systems; advanced biotechnology processes capable of increasing energy production from lignocellulosic feedstocks, with emphasis on reducing the dependence of industry on fossil fuels in manufacturing facilities; and other advanced processes that will enable the development of cost-effective bioproducts, including biofuels.

(d) Integrated biorefinery demonstration projects The Secretary shall carry out a program to demonstrate the commercial application of integrated biorefineries. The Secretary shall ensure geographical distribution of biorefinery demonstrations under this subsection. The Secretary shall not provide more than $100,000,000 under this subsection for any single biorefinery demonstration. In making awards under this subsection, the Secretary shall encourage— the demonstration of a wide variety of lignocellulosic feedstocks; the commercial application of biomass technologies for a variety of uses, including— liquid transportation fuels; high-value biobased chemicals; substitutes for petroleum-based feedstocks and products; and energy in the form of electricity or useful heat; and the demonstration of the collection and treatment of a variety of biomass feedstocks. Not later than 6 months after August 8, 2005 , the Secretary shall solicit proposals for demonstration of advanced biorefineries. The Secretary shall select only proposals that— demonstrate that the project will be able to operate profitably without direct Federal subsidy after initial construction costs are paid; and enable the biorefinery to be easily replicated.

(e) University biodiesel program The Secretary shall establish a demonstration program to determine the feasibility of the operation of diesel electric power generators, using biodiesel fuels with ratings as high as B100, at electric generation facilities owned by institutions of higher education. The program shall examine— heat rates of diesel fuels with large quantities of cellulosic content; the reliability of operation of various fuel blends; performance in cold or freezing weather; stability of fuel after extended storage; and other criteria, as determined by the Secretary.

(g) 11 So in original. No subsec. (f) has been enacted. Biorefinery energy efficiency The Secretary shall establish a program of research, development, demonstration, and commercial application for increasing energy efficiency and reducing energy consumption in the operation of biorefinery facilities.

(h) Retrofit technologies for the development of ethanol from cellulosic materials The Secretary shall establish a program of research, development, demonstration, and commercial application on technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks.

§ 16233 Low-cost renewable hydrogen and infrastructure for vehicle propulsion

The Secretary shall— establish a research, development, and demonstration program to determine the feasibility of using hydrogen propulsion in light-weight vehicles and the integration of the associated hydrogen production infrastructure using off-the-shelf components; and identify universities and institutions that— have expertise in researching and testing vehicles fueled by hydrogen, methane, and other fuels; have expertise in integrating off-the-shelf components to minimize cost; and within 2 years can test a vehicle based on an existing commercially available platform with a curb weight of not less than 2,000 pounds before modifications, that— operates solely on hydrogen; qualifies as a light-duty passenger vehicle; and uses hydrogen produced from water using only solar energy. ( Pub. L. 109–58, title IX, § 933 , Aug. 8, 2005 , 119 Stat. 872 .)

§ 16234 Concentrating solar power research program

(a) In general The Secretary shall conduct a program of research and development to evaluate the potential for concentrating solar power for hydrogen production, including cogeneration approaches for both hydrogen and electricity.

(b) Administration The program shall take advantage of existing facilities to the extent practicable and shall include— development of optimized technologies that are common to both electricity and hydrogen production; evaluation of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power; evaluation of materials issues for the thermochemical cycles described in paragraph (2); cogeneration of solar thermal electric power and photo-synthetic-based hydrogen production; system architectures and economics studies; and coordination with activities under the Next Generation Nuclear Plant Project established under part B of subchapter VI on high temperature materials, thermochemical cycles, and economic issues.

(c) Assessment In carrying out the program under this section, the Secretary shall— assess conflicting guidance on the economic potential of concentrating solar power for electricity production received from the National Research Council in the report entitled “Renewable Power Pathways: A Review of the U.S. Department of Energy’s Renewable Energy Programs” and dated 2000 and subsequent reviews of that report funded by the Department; and provide an assessment of the potential impact of technology used to concentrate solar power for electricity before, or concurrent with, submission of the budget for fiscal year 2008.

(d) Report Not later than 5 years after August 8, 2005 , the Secretary shall provide to Congress a report on the economic and technical potential for electricity or hydrogen production, with or without cogeneration, with concentrating solar power, including the economic and technical feasibility of potential construction of a pilot demonstration facility suitable for commercial production of electricity or hydrogen from concentrating solar power.

§ 16235 Renewable energy in public buildings

(a) Demonstration and technology transfer program The Secretary shall establish a program for the demonstration of innovative technologies for solar and other renewable energy sources in buildings owned or operated by a State or local government, and for the dissemination of information resulting from such demonstration to interested parties.

(b) Limit on Federal funding Notwithstanding section 16352 of this title , the Secretary shall provide under this section no more than 40 percent of the incremental costs of the solar or other renewable energy source project funded.

(c) Requirements As part of the application for awards under this section, the Secretary shall require all applicants— to demonstrate a continuing commitment to the use of solar and other renewable energy sources in buildings they own or operate; and to state how they expect any award to further their transition to the significant use of renewable energy.

§ 16236 Research and development into integrating renewable energy onto the electric grid

(a) In general Not later than 180 days after December 27, 2020 , the Secretary shall establish a research, development, and demonstration program on technologies that enable integration of renewable energy generation sources onto the electric grid across multiple program offices of the Department. The program shall include— forecasting for predicting generation from variable renewable energy sources; development of cost-effective low-loss, long-distance transmission lines; and development of cost-effective advanced technologies for variable renewable generation sources to provide grid services.

(b) Coordination In carrying out this program, the Secretary shall coordinate across all relevant program offices at the Department to achieve the goals established in this section, including the Office of Electricity.

(c) Adoption of technologies In carrying out this section, the Secretary shall consider barriers to adoption and commercial application of technologies that enable integration of renewable energy sources onto the electric grid, including cost and other economic barriers, and shall coordinate with relevant entities to reduce these barriers.

§ 16237 Wind energy research and development

(a) Definitions In this section: The term “critical material” has the meaning given the term in section 1606 of title 30 . The term “economically distressed area” means an area described in section 3161(a) of this title . The term “eligible entity” means— an institution of higher education, including a minority-serving institution; a National Laboratory; a Federal research agency; a State research agency; a research agency associated with a territory or freely associated state; a Tribal energy development organization; an Indian Tribe; a Tribal organization; a Native Hawaiian community-based organization; a nonprofit research organization; an industrial entity; any other entity, as determined by the Secretary; and a consortium of 2 or more entities described in subparagraphs (A) through (L). The term “Indian Tribe” has the meaning given the term in section 5304 of title 25 . The term “institution of higher education” means— an institution of higher education (as defined in section 1001(a) of title 20 ); or a postsecondary vocational institution (as defined in section 1002(c) of title 20 ). The term “minority-serving institution” has the meaning given the term “eligible institution” in section 1067q(a) of title 20 . The term “National Laboratory” has the meaning given such term in section 15801(3) of this title . The term “Native Hawaiian community-based organization” has the meaning given the term in section 7517 of title 20 . The term “program” means the program established under subsection (b)(1). The term “Secretary” means the Secretary of Energy. The term “territory or freely associated state” has the meaning given the term “insular area” in section 3103 of title 7 . The term “Tribal energy development organization” has the meaning given the term “tribal energy development organization” in section 3501 of title 25 . The term “Tribal organization” has the meaning given the term in section 5304 of title 25 .

(b) Wind energy technology program The Secretary shall establish a program to conduct research, development, demonstration, and commercialization of wind energy technologies in accordance with this subsection. The purposes of the program are the following: To improve the energy efficiency, cost effectiveness, reliability, resilience, security, siting, integration, manufacturability, installation, decommissioning, and recyclability of wind energy technologies. To optimize the performance and operation of wind energy components, turbines, and systems, including through the development of new materials, hardware, and software. To optimize the design and adaptability of wind energy technologies to the broadest practical range of geographic, atmospheric, offshore, and other site conditions, including— at varying hub heights; and through the use of computer modeling. To support the integration of wind energy technologies with the electric grid and other energy technologies and systems. To reduce the cost, risk, and other potential negative impacts across the lifespan of wind energy technologies, including— manufacturing, siting, permitting, installation, operations, maintenance, decommissioning, and recycling; and through the development of solutions to transportation barriers to wind components. To reduce and mitigate potential negative impacts of wind energy technologies on human communities, the environment, or commerce. To address barriers to the commercialization and export of wind energy technologies. To support the domestic wind industry, workforce, and supply chain. Not later than 180 days after December 27, 2020 , the Secretary shall establish targets for the program relating to near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of wind energy technologies, including onshore, offshore, distributed, and off-grid technologies. In carrying out the program, the Secretary shall carry out research, development, demonstration, and commercialization activities, including— awarding grants and awards, on a competitive, merit-reviewed basis; performing precompetitive research and development; establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities such as the National Wind Test Center; providing technical assistance; entering into contracts and cooperative agreements; providing small business vouchers; establishing prize competitions; conducting education and outreach activities; conducting professional development activities; and conducting analyses, studies, and reports. The Secretary shall carry out research, development, demonstration, and commercialization activities in the following subject areas: Wind power plant siting, performance, operations, and security. New materials and designs relating to all hardware, software, and components of wind energy technologies, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption. Advanced wind energy manufacturing and installation technologies and practices, including materials, processes, such as onsite or near site manufacturing, and design. Offshore wind-specific projects and plants, including— fixed and floating substructure systems, materials, and components; the operation of offshore facilities, such as— an offshore research facility to conduct research for oceanic, biological, geological, and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities; and an offshore support structure testing facility to conduct development, demonstration, and commercialization of large-scale and full-scale offshore wind energy support structure components and systems; the monitoring and analysis of site and environmental considerations unique to offshore sites, including freshwater environments. Integration of wind energy technologies with— the electric grid, including transmission, distribution, microgrids, and distributed energy systems; and other energy technologies, including— other generation sources; demand response technologies; and energy storage technologies. Methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of wind energy components and systems, including technologies and strategies to reduce the use of energy, water, critical materials, and other valuable or harmful inputs. Wind power forecasting and atmospheric measurement systems, including for turbines and plant systems of varying height. Integrated wind energy systems, grid-connected and off-grid, that incorporate diverse— generation sources; loads; and storage technologies. Reducing market barriers, including non-hardware and information-based barriers, to the adoption of wind energy technologies, such as impacts on, or challenges relating to— distributed wind technologies, including the development of best practices, models, and voluntary streamlined processes for local siting and permitting of distributed wind energy systems to reduce costs; airspace; military operations; radar; local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and former mines, and other areas disproportionately impacted by environmental pollution; wildlife and wildlife habitats; and any other appropriate matter, as determined by the Secretary. Technologies or strategies to avoid, minimize, and offset the potential impacts of wind energy facilities on bird species, bat species, marine wildlife, and other sensitive species and habitats. Advanced physics-based and data analysis computational tools, in coordination with the high-performance computing programs of the Department, to more efficiently design, site, permit, manufacture, install, operate, decommission, and recycle wind energy systems. Technologies for distributed wind, including micro, small, and medium turbines and the components of those turbines and their microgrid applications. Transformational technologies for harnessing wind energy. Other research areas that advance the purposes of the program, as determined by the Secretary. In carrying out activities under the program, the Secretary shall, to the maximum extent practicable, give special consideration to— projects that— are located in a geographically diverse range of eligible entities; support the development or demonstration of projects— in economically distressed areas and areas disproportionately impacted by pollution; and that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies; can be replicated in a variety of regions and climates; include business commercialization plans that have the potential for— domestic manufacturing and production of wind energy technologies; or exports of wind energy technologies; and are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and with regards to professional development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to wind energy. To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs. To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies. Not less than once every two years, the Secretary shall conduct a national solicitation for applications for demonstration projects under this section. Not later than 180 days after December 27, 2020 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the potential for, and technical viability of, airborne wind energy systems to provide a significant source of energy in the United States. The report under paragraph (1) shall include a summary of research, development, demonstration, and commercialization needs, including an estimate of Federal funding requirements, to further examine and validate the technical and economic viability of airborne wind energy concepts over the 10-year period beginning on December 27, 2020 . The Secretary may award grants, on a competitive basis, to eligible entities to purchase large pieces of wind component equipment, such as nacelles, towers, and blades, for use in training wind technician students in onshore or offshore wind applications. In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, and demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of wind energy technologies, including— by increasing the efficiency and cost effectiveness of the recovery of raw materials from wind energy technology components and systems, including enabling technologies such as inverters; by minimizing potential environmental impacts from the recovery and disposal processes; by advancing technologies and processes for the disassembly and recycling of wind energy devices; by developing alternative materials, designs, manufacturing processes, and other aspects of wind energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, wind energy technologies; and strategies to increase consumer acceptance of, and participation in, the recycling of wind energy technologies. The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including— development of best practices or training materials for use in the wind energy technology manufacturing, design, installation, decommissioning, or recycling industries; dissemination at industry conferences; coordination with information dissemination programs relating to recycling of electronic devices in general; demonstration projects; and educational materials. In carrying out the activities authorized under this subsection, the Secretary shall give special consideration to projects that recover critical materials. In carrying out the activities authorized under this subsection, the Secretary shall ensure proper security controls are in place to protect proprietary or sensitive information, as appropriate. Not later than September 1, 2022 , the Secretary shall establish a comprehensive physical property database of materials for use in wind energy technologies, which shall identify the type, quantity, country of origin, source, significant uses, projected availability, and physical properties of materials used in wind energy technologies. In establishing the database described in subparagraph (A), the Secretary shall coordinate and, to the extent practicable, avoid duplication with— other Department activities, including those carried out by the Office of Science; the Director of the National Institute of Standards and Technology; the Administrator of the Environmental Protection Agency; the Secretary of the Interior; and relevant industry stakeholders, as determined by the Secretary. Not later than September 1, 2022 , and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of wind energy markets and manufacturing. The Secretary shall coordinate the preparation of the report under subparagraph (A) with— existing peer review processes; studies conducted by the National Laboratories; and the multiyear program planning required under section 16358 of this title . There is authorized to be appropriated to the Secretary to carry out the program $125,000,000 for each of fiscal years 2021 through 2025.

§ 16238 Solar energy research and development

(a) Definitions In this section: The term “critical material” has the meaning given the term in section 1606 of title 30 . The term “economically distressed area” means an area described in section 3161(a) of this title . The term “eligible entity” means— an institution of higher education, including a minority-serving institution; a National Laboratory; a Federal research agency; a State research agency; a research agency associated with a territory or freely associated state; a Tribal energy development organization; an Indian Tribe; a Tribal organization; a Native Hawaiian community-based organization; a nonprofit research organization; an industrial entity; any other entity, as determined by the Secretary; and a consortium of 2 or more entities described in subparagraphs (A) through (L). The term “Indian Tribe” has the meaning given the term in section 5304 of title 25 . The term “institution of higher education” has the meaning given the term in section 1001 of title 20 . The term “mine land” means— land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) ( 30 U.S.C. 22 et seq.). The term “minority-serving institution” has the meaning given the term “eligible institution” in section 1067q(a) of title 20 . The term “National Laboratory” has the meaning given such term in section 15801(3) of this title . The term “Native Hawaiian community-based organization” has the meaning given the term in section 7517 of title 20 . The term “photovoltaic device” means— a device that converts light directly into electricity through a solid-state, semiconductor process; the photovoltaic cells of a device described in subparagraph (A); and the electronic and electrical components of a device described in subparagraph (A). The term “program” means the program established under subsection (b)(1)(A). The term “Secretary” means the Secretary of Energy. The term “solar energy” means— thermal or electric energy derived from radiation from the Sun; or energy resulting from a chemical reaction caused by radiation recently originated in the Sun. The term “territory or freely associated state” has the meaning given the term “insular area” in section 3103 of title 7 . The term “Tribal energy development organization” has the meaning given the term “tribal energy development organization” in section 3501 of title 25 . The term “Tribal organization” has the meaning given the term in section 5304 of title 25 .

(b) Solar energy technology program The Secretary shall establish a program to conduct research, development, demonstration, and commercialization of solar energy technologies in accordance with this subsection. The purposes of the program are the following: To improve the energy efficiency, cost effectiveness, reliability, resilience, security, siting, integration, manufacturability, installation, decommissioning, and recyclability of solar energy technologies. To optimize the performance and operation of solar energy components, cells, and systems, and enabling technologies, including through the development of new materials, hardware, and software. To optimize the design and adaptability of solar energy systems to the broadest practical range of geographic and atmospheric conditions. To support the integration of solar energy technologies with the electric grid and complementary energy technologies. To create and improve the conversion of solar energy to other useful forms of energy or other products. To reduce the cost, risk, and other potential negative impacts across the lifespan of solar energy technologies, including manufacturing, siting, permitting, installation, operations, maintenance, decommissioning, and recycling. To reduce and mitigate potential life cycle negative impacts of solar energy technologies on human communities, wildlife, and wildlife habitats. To address barriers to the commercialization and export of solar energy technologies. To support the domestic solar industry, workforce, and supply chain. Not later than 180 days after December 27, 2020 , the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of all types of solar energy systems. In carrying out the program, the Secretary shall carry out research, development, demonstration, and commercialization activities, including— awarding grants and awards, on a competitive, merit-reviewed basis; performing precompetitive research and development; establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities; providing technical assistance; entering into contracts and cooperative agreements; providing small business vouchers; establishing prize competitions; conducting education and outreach activities; conducting workforce development activities; and conducting analyses, studies, and reports. The Secretary shall carry out research, development, demonstration, and commercialization activities in the following subject areas: Advanced solar energy technologies of varying scale and power production, including— new materials, components, designs, and systems, including perovskites, cadmium telluride, and organic materials; advanced photovoltaic and thin-film devices; concentrated solar power; solar heating and cooling; and enabling technologies for solar energy systems, including hardware and software. Solar energy technology siting, performance, installation, operations, resilience, and security. Integration of solar energy technologies with— the electric grid, including transmission, distribution, microgrids, and distributed energy systems; other energy technologies, including— other generation sources; demand response technologies; and energy storage technologies; and other applications, such as in the agriculture, transportation, buildings, industrial, and fuels sectors. Advanced solar energy manufacturing technologies and practices, including materials, processes, and design. Methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of solar energy components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption. Solar energy forecasting, modeling, and atmospheric measurement systems, including for small-scale, large-scale, and aggregated systems. Integrated solar energy systems that incorporate diverse— generation sources; loads; and storage technologies. Reducing market barriers, including nonhardware and information-based barriers, to the adoption of solar energy technologies, including impacts on, or challenges relating to— distributed and community solar technologies, including the development of best practices, models, and voluntary streamlined processes for local siting and permitting of distributed solar energy systems to reduce costs; local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and former mines, and other areas disproportionately impacted by environmental pollution; wildlife and wildlife habitats; and any other appropriate matter, as determined by the Secretary. Transformational technologies for harnessing solar energy. Other research areas that advance the purposes of the program, as determined by the Secretary. In carrying out activities under the program, the Secretary shall, to the maximum extent practicable, give priority to projects that— are located in a geographically diverse range of eligible entities; support the development or demonstration of projects— in economically distressed areas and areas disproportionately impacted by pollution; or that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies; can be replicated in a variety of regions and climates; include business commercialization plans that have the potential for— domestic manufacturing and production of solar energy technologies; or exports of solar energy technologies; are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and with regards to workforce development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy. To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs. To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies. Not less than once every two years, the Secretary shall conduct a national solicitation for applications for demonstration projects under this section. In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commercialization projects to advance new solar energy manufacturing technologies and techniques. In awarding grants under subparagraph (A), to the extent practicable, the Secretary shall give priority to solar energy manufacturing projects that— increase efficiency and cost effectiveness in— the manufacturing process; and the use of resources, such as energy, water, and critical materials; support domestic supply chains for materials and components; identify and incorporate nonhazardous alternative materials for components and devices; operate in partnership with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated states; or are located in economically distressed areas. Not later than 3 years after December 27, 2020 , and every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under subparagraph (A). In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of solar energy technologies, including— by increasing the efficiency and cost effectiveness of the recovery of raw materials from solar energy technology components and systems, including enabling technologies such as inverters; by minimizing potential environmental impacts from the recovery and disposal processes; by advancing technologies and processes for the disassembly and recycling of solar energy devices; by developing alternative materials, designs, manufacturing processes, and other aspects of solar energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, solar energy technologies; and strategies to increase consumer acceptance of, and participation in, the recycling of photovoltaic devices. The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including— development of best practices or training materials for use in the photovoltaics manufacturing, design, installation, refurbishing, disposal, or recycling industries; dissemination at industry conferences; coordination with information dissemination programs relating to recycling of electronic devices in general; demonstration projects; and educational materials. In carrying out the activities authorized under this subsection, the Secretary shall give special consideration to projects that recover critical materials. In carrying out the activities authorized under this subsection, the Secretary shall ensure proper security controls are in place to protect proprietary or sensitive information, as appropriate. Not later than September 1, 2022 , the Secretary shall establish a comprehensive physical property database of materials for use in solar energy technologies, which shall identify the type, quantity, country of origin, source, significant uses, projected availability, and physical properties of materials used in solar energy technologies. In establishing the database described in subparagraph (A), the Secretary shall coordinate with— other Department activities, including those carried out by the Office of Science; the Director of the National Institute of Standards and Technology; the Administrator of the Environmental Protection Agency; the Secretary of the Interior; and relevant industry stakeholders, as determined by the Secretary. Not later than September 1, 2022 , and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of solar energy markets and manufacturing. As a part of the report described in subparagraph (A), the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency for purposes of clause (iv), shall include a study that examines the viable market opportunities available for solar energy technology manufacturing in the United States, including— a description of— the ability to competitively manufacture solar technology in the United States, including the manufacture of— new and advanced materials, such as cells made with new, high efficiency materials; solar module equipment and enabling technologies, including smart inverters, sensors, and tracking equipment; and innovative solar module designs and applications, including those that can directly integrate with new and existing buildings and other infrastructure; and opportunities and barriers within the United States and international solar energy technology market; policy recommendations for enhancing solar energy technology manufacturing in the United States; a 10-year target and plan to enhance the competitiveness of solar energy technology manufacturing in the United States; a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and any other research areas as determined by the Secretary. The Secretary shall coordinate the preparation of the report under subparagraph (A) with— existing peer review processes; studies conducted by the National Laboratories; and the multiyear program planning required under section 16358 of this title . There is authorized to be appropriated to the Secretary to carry out the program $300,000,000 for each of fiscal years 2021 through 2025.

§ 16251 Production incentives for cellulosic biofuels

(a) Purpose The purpose of this section is to— accelerate deployment and commercialization of biofuels; deliver the first 1,000,000,000 gallons in annual cellulosic biofuels production by 2015; ensure biofuels produced after 2015 are cost competitive with gasoline and diesel; and ensure that small feedstock producers and rural small businesses are full participants in the development of the cellulosic biofuels industry.

(b) Definitions In this section: The term “cellulosic biofuels” means any fuel that is produced from cellulosic feedstocks. The term “eligible entity” means a producer of fuel from cellulosic biofuels the production facility of which— is located in the United States; meets all applicable Federal and State permitting requirements; and meets any financial criteria established by the Secretary.

(c) Program The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Defense, and the Administrator of the Environmental Protection Agency, shall establish an incentive program for the production of cellulosic biofuels. Under the program, the Secretary shall award production incentives on a per gallon basis of cellulosic biofuels from eligible entities, through— set payments per gallon of cellulosic biofuels produced in an amount determined by the Secretary, until initiation of the first reverse auction; and reverse auction thereafter. The first reverse auction shall be held on the earlier of— not later than 1 year after the first year of annual production in the United States of 100,000,000 gallons of cellulosic biofuels, as determined by the Secretary; or not later than 3 years after August 8, 2005 . On initiation of the first reverse auction, and each year thereafter until the earlier of the first year of annual production in the United States of 1,000,000,000 gallons of cellulosic biofuels, as determined by the Secretary, or 10 years after August 8, 2005 , the Secretary shall conduct a reverse auction at which— the Secretary shall solicit bids from eligible entities; eligible entities shall submit— a desired level of production incentive on a per gallon basis; and an estimated annual production amount in gallons; and the Secretary shall issue awards for the production amount submitted, beginning with the eligible entity submitting the bid for the lowest level of production incentive on a per gallon basis and meeting such other criteria as are established by the Secretary, until the amount of funds available for the reverse auction is committed. An eligible entity selected by the Secretary through a reverse auction shall receive the amount of performance incentive requested in the auction for each gallon produced and sold by the entity during the first 6 years of operation. As a condition of the receipt of an award under this section, an eligible entity shall enter into an agreement with the Secretary under which the eligible entity agrees to begin production of cellulosic biofuels not later than 3 years after the date of the reverse auction in which the eligible entity participates.

(d) Limitations Awards under this section shall be limited to— a per gallon amount determined by the Secretary during the first 4 years of the program; a declining per gallon cap over the remaining lifetime of the program, to be established by the Secretary so that cellulosic biofuels produced after the first year of annual cellulosic biofuels production in the United States in excess of 1,000,000,000 gallons are cost competitive with gasoline and diesel; not more than 25 percent of the funds committed within each reverse auction to any 1 project; not more than $100,000,000inany1year;andnotmorethan$1,000,000,000 over the lifetime of the program.

(e) Priority In selecting a project under the program, the Secretary shall give priority to projects that— demonstrate outstanding potential for local and regional economic development; include agricultural producers or cooperatives of agricultural producers as equity partners in the ventures; and have a strategic agreement in place to fairly reward feedstock suppliers.

(f) Authorizations of appropriations There is authorized to be appropriated to carry out this section $250,000,000.

§ 16252 Education

The Architect of the Capitol shall establish in the Capitol Complex a program of public education regarding use by the Architect of the Capitol of biobased products. The purposes of the program shall be— to establish the Capitol Complex as a showcase for the existence and benefits of biobased products; and to provide access to further information on biobased products to occupants and visitors. ( Pub. L. 109–58, title IX, § 943(c) , Aug. 8, 2005 , 119 Stat. 881 .)

§ 16253 Small business bioproduct marketing and certification grants

(a) In general Using amounts made available under subsection (g), the Secretary of Agriculture (referred to in this section as the “Secretary”) shall make available on a competitive basis grants to eligible entities described in subsection (b) for the biobased product marketing and certification purposes described in subsection (c).

(b) Eligible entities An entity eligible for a grant under this section is any manufacturer of biobased products that— proposes to use the grant for the biobased product marketing and certification purposes described in subsection (c); and has not previously received a grant under this section. In making grants under this section, the Secretary shall provide a preference to an eligible entity that has fewer than 50 employees.

(c) Biobased product marketing and certification grant purposes A grant made under this section shall be used— to provide working capital for marketing of biobased products; and to provide for the certification of biobased products to— qualify for the label described in section 8102(b) of title 7 ; or meet other biobased standards determined appropriate by the Secretary.

(d) Matching funds Grant recipients shall provide matching non-Federal funds equal to the amount of the grant received. Matching funds shall be expended in advance of grant funding, so that for every dollar of grant that is advanced, an equal amount of matching funds shall have been funded prior to submitting the request for reimbursement.

(e) Amount A grant made under this section shall not exceed $100,000.

(f) Administration The Secretary shall establish such administrative requirements for grants under this section, including requirements for applications for the grants, as the Secretary considers appropriate.

(g) Authorizations of appropriations There are authorized to be appropriated to make grants under this section— $1,000,000 for fiscal year 2006; and such sums as are necessary for each of fiscal years 2007 through 2015.

§ 16254 Regional bioeconomy development grants

(a) In general Using amounts made available under subsection (g), the Secretary of Agriculture (referred to in this section as the “Secretary”) shall make available on a competitive basis grants to eligible entities described in subsection (b) for the purposes described in subsection (c).

(b) Eligible entities An entity eligible for a grant under this section is any regional bioeconomy development association, agricultural or energy trade association, or Land Grant institution that— proposes to use the grant for the purposes described in subsection (c); and has not previously received a grant under this section.

(c) Regional bioeconomy development association grant purposes A grant made under this section shall be used to support and promote the growth and development of the bioeconomy within the region served by the eligible entity, through coordination, education, outreach, and other endeavors by the eligible entity.

(d) Matching funds Grant recipients shall provide matching non-Federal funds equal to the amount of the grant received. Matching funds shall be expended in advance of grant funding, so that for every dollar of grant that is advanced, an equal amount of matching funds shall have been funded prior to submitting the request for reimbursement.

(e) Administration The Secretary shall establish such administrative requirements for grants under this section, including requirements for applications for the grants, as the Secretary considers appropriate.

(f) Amount A grant made under this section shall not exceed $500,000.

(g) Authorizations of appropriations There are authorized to be appropriated to make grants under this section— $1,000,000 for fiscal year 2006; and such sums as are necessary for each of fiscal years 2007 through 2015.

§ 16255 Preprocessing and harvesting demonstration grants

(a) In general The Secretary of Agriculture (referred to in this section as the “Secretary”) shall make grants available on a competitive basis to enterprises owned by agricultural producers, for the purposes of demonstrating cost-effective, cellulosic biomass innovations in— preprocessing of feedstocks, including cleaning, separating and sorting, mixing or blending, and chemical or biochemical treatments, to add value and lower the cost of feedstock processing at a biorefinery; or 1-pass or other efficient, multiple crop harvesting techniques.

(b) Limitations on grants Not more than 5 demonstration projects per fiscal year shall be funded under this section. The non-Federal cost share of a project under this section shall be not less than 20 percent, as determined by the Secretary.

(c) Condition of grant To be eligible for a grant for a project under this section, a recipient of a grant or a participating entity shall agree to use the material harvested under the project— to produce ethanol; or for another energy purpose, such as the generation of heat or electricity.

(d) Authorization for appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2006 through 2010.

§ 16256 Education and outreach

(a) In general The Secretary of Agriculture shall establish, within the Department of Agriculture or through an independent contracting entity, a program of education and outreach on biobased fuels and biobased products consisting of— training and technical assistance programs for feedstock producers to promote producer ownership, investment, and participation in the operation of processing facilities; and public education and outreach to familiarize consumers with the biobased fuels and biobased products.

(b) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2006 through 2010.

§ 16271 Nuclear energy

(a) Mission The Secretary shall carry out programs of civilian nuclear research, development, demonstration, and commercial application, including activities under this part. The programs carried out under paragraph (1) shall take into consideration the following objectives: Providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering. Maintaining nuclear energy research and development programs at the National Laboratories and institutions of higher education, including infrastructure at the National Laboratories and institutions of higher education. Providing the technical means to reduce the likelihood of nuclear proliferation. Increasing confidence margins for public safety of nuclear energy systems. Reducing the environmental impact of activities relating to nuclear energy. Supporting technology transfer from the National Laboratories to the private sector. Enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the objectives described in subparagraphs (A) through (F).

(b) Definitions In this part: The term “advanced nuclear reactor” means— a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on December 27, 2020 , including improvements such as— additional inherent safety features; lower waste yields; improved fuel and material performance; increased tolerance to loss of fuel cooling; enhanced reliability or improved resilience; increased proliferation resistance; increased thermal efficiency; reduced consumption of cooling water and other environmental impacts; the ability to integrate into electric applications and nonelectric applications; modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage; a fusion reactor; and a radioisotope power system that utilizes heat from radioactive decay to generate energy. The term “Commission” means the Nuclear Regulatory Commission. The term “fast neutron” means a neutron with kinetic energy above 100 kiloelectron volts. Except as provided in subparagraph (B), the term “National Laboratory” has the meaning given the term in section 15801 of this title . With respect to the Lawrence Livermore National Laboratory, the Los Alamos National Laboratory, and the Sandia National Laboratories, the term “National Laboratory” means only the civilian activities of the laboratory. The term “neutron flux” means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area. The term “neutron source” means a research machine that provides neutron irradiation services for— research on materials sciences and nuclear physics; and testing of advanced materials, nuclear fuels, and other related components for reactor systems.

§ 16272 Reactor concepts research, development, demonstration, and commercial application

(a) Sustainability program for light water reactors The Secretary shall carry out a program of research, development, demonstration, and commercial application, including through the use of modeling and simulation, to support existing operating nuclear power plants which shall address technologies to modernize and improve, with respect to such plants— reliability; capacity; component aging; safety; physical security and security costs; plant lifetime; operations and maintenance costs, including by utilizing risk-informed systems analysis; the ability for plants to operate flexibly; nuclear integrated energy system applications described in subsection (c); efficiency; environmental impacts; and resilience. Not later than 1 year after August 9, 2022 , the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall evaluate the technical and economic feasibility of establishing and, if feasible, is authorized to establish an isotope demonstration subprogram of the program established under paragraph (1) to support the development and commercial demonstration of critical radioactive and stable isotope production in existing commercial nuclear power plants. The Secretary, acting through the Assistant Secretary for Nuclear Energy, shall consult with the Director of the Office of Science in carrying out the evaluation under subparagraph (A). In this paragraph, the term “critical radioactive and stable isotope” has the meaning given the term in section 18649(a) of this title . The Secretary shall submit annually a public report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate documenting funds spent under the program that describes program activities, objectives, and outcomes, including those that could benefit the entirety of the existing reactor fleet, such as with respect to aging management and related sustainability concerns, and identifying funds awarded to private entities. There are authorized to be appropriated to the Secretary to carry out the program under this subsection $55,000,000 for each of fiscal years 2021 through 2025.

(b) Advanced reactor technologies The Secretary shall carry out a program of research, development, demonstration, and commercial application to support advanced reactor technologies. In carrying out the program under this subsection, the Secretary shall— prioritize designs for advanced nuclear reactors that are proliferation resistant and passively safe, including designs that, compared to reactors operating on December 27, 2020 — are economically competitive with other electric power generation plants; have higher efficiency, lower cost, less environmental impacts, increased resilience, and improved safety; use fuels that are proliferation resistant and have reduced production of high-level waste per unit of output; and use advanced instrumentation and monitoring systems; consult with the Nuclear Regulatory Commission on appropriate metrics to consider for the criteria specified in subparagraph (A); support research and development to resolve materials challenges relating to extreme environments, including environments that contain high levels of— radiation fluence; temperature; pressure; and corrosion; support research and development to aid in the qualification of advanced fuels, including fabrication techniques; support activities that address near-term challenges in modeling and simulation to enable accelerated design of and licensing of advanced nuclear reactors, including the identification of tools and methodologies for validating such modeling and simulation efforts; develop technologies, including technologies to manage, reduce, or reuse nuclear waste; ensure that nuclear research infrastructure is maintained or constructed, including— currently operational research reactors at the National Laboratories and institutions of higher education; hot cell research facilities; a versatile fast neutron source; and advanced coolant testing facilities, including coolants such as lead, sodium, gas, and molten salt; improve scientific understanding of nonlight water coolant physics and chemistry; develop advanced sensors and control systems, including the identification of tools and methodologies for validating such sensors and systems; investigate advanced manufacturing and advanced construction techniques and materials to reduce the cost of advanced nuclear reactors, including the use of digital twins and of strategies to implement project and construction management best practices, and study the effects of radiation and corrosion on materials created with these techniques; consult with the Administrator of the National Nuclear Security Administration to integrate reactor safeguards and security into design; support efforts to reduce any technical barriers that would prevent commercial application of advanced nuclear energy systems; and develop various safety analyses and emergency preparedness and response methodologies. The Secretary shall coordinate with individuals engaged in the private sector and individuals who are experts in nuclear nonproliferation, environmental and public health and safety, and economics to advance the development of various designs of advanced nuclear reactors. In carrying out this paragraph, the Secretary shall convene an advisory committee of such individuals and such committee shall submit annually a report to the relevant committees of Congress with respect to the progress of the program. There are authorized to be appropriated to the Secretary to carry out the program under this subsection $55,000,000 for each of fiscal years 2021 through 2025.

(c) Nuclear integrated energy systems research, development, demonstration, and commercial application program The Secretary shall carry out a program of research, development, demonstration, and commercial application to develop nuclear integrated energy systems, composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies and in which not less than 1 such subsystem is a nuclear energy system, to— reduce greenhouse gas emissions in both the power and nonpower sectors; and maximize energy production and efficiency. In carrying out the program under paragraph (1), the Secretary shall coordinate with— relevant program offices within the Department of Energy; National Laboratories; institutions of higher education; and the private sector. The program under paragraph (1) may include research, development, demonstration, or commercial application of nuclear integrated energy systems with respect to— desalination technologies and processes; hydrogen or other liquid and gaseous fuel or chemical production; heat for industrial processes; district heating; heat or electricity generation and storage; carbon capture, use, utilization, and storage; microgrid or island applications; integrated systems modeling, analysis, and optimization, inclusive of different configurations of integrated energy systems; and integrated design, planning, building, and operation of systems with existing infrastructure, including interconnection requirements with the electric grid, as appropriate. There are authorized to be appropriated to the Secretary to carry out the program under this subsection— $20,000,000forfiscalyear2021;$30,000,000 for fiscal year 2022; $30,000,000forfiscalyear2023;$40,000,000 for fiscal year 2024; and $40,000,000 for fiscal year 2025.

§ 16273 Fuel cycle research, development, demonstration, and commercial application

(a) Used nuclear fuel research, development, demonstration, and commercial application The Secretary shall conduct an advanced fuel cycle research, development, demonstration, and commercial application program to improve fuel cycle performance, minimize environmental and public health and safety impacts, and support a variety of options for used nuclear fuel storage, use, and disposal, including advanced nuclear reactor and non-reactor concepts (such as radioisotope power systems), which may include— dry cask storage; consolidated interim storage; deep geological storage and disposal, including mined repository, and other technologies; used nuclear fuel transportation; integrated waste management systems; vitrification; fuel recycling and transmutation technologies, including advanced reprocessing technologies such as electrochemical and molten salt technologies, and advanced redox extraction technologies; advanced materials to be used in subparagraphs (A) through (G); and other areas as determined by the Secretary. In carrying out the program under this subsection, the Secretary shall— ensure all activities and designs incorporate state of the art safeguards technologies and techniques to reduce risk of proliferation; consult with the Administrator of the National Nuclear Security Administration to integrate safeguards and security by design; consider the potential benefits and other impacts of those activities for civilian nuclear applications, environmental health and safety, and national security, including consideration of public consent; and consider the economic viability of all activities and designs. There are authorized to be appropriated to the Secretary to carry out the program under this subsection $60,000,000 for each of fiscal years 2021 through 2025.

(b) Advanced fuels The Secretary shall conduct an advanced fuels research, development, demonstration, and commercial application program on next-generation light water reactor and advanced reactor fuels that demonstrate the potential for improved— performance; accident tolerance; proliferation resistance; use of resources; environmental impact; and economics. In carrying out the program under this subsection, the Secretary shall focus on the development of advanced technology fuels, including fabrication techniques, that offer improved accident-tolerance and economic performance with the goal of initial commercial application by December 31, 2025 . Not later than 180 days December 27, 2020 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes how the technologies and concepts studied under this program would impact reactor economics, the fuel cycle, operations, safety, proliferation, and the environment. There are authorized to be appropriated to the Secretary to carry out the program under this subsection $125,000,000 for each of fiscal years 2021 through 2025.

§ 16274 Nuclear science and engineering support

(a) University nuclear science and engineering support The Secretary shall conduct a program to invest in human resources and infrastructure in the nuclear sciences and related fields, including health physics, nuclear engineering, and radiochemistry, consistent with missions of the Department related to civilian nuclear research, development, demonstration, and commercial application. In carrying out the program under this subsection, the Secretary shall— conduct a graduate and undergraduate fellowship program to attract new and talented students, which may include fellowships for students to spend time at National Laboratories in the areas of nuclear science, engineering, and health physics with a member of the National Laboratory staff acting as a mentor; conduct a junior faculty research initiation grant program to assist universities in recruiting and retaining new faculty in the nuclear sciences and engineering by awarding grants to junior faculty for research on issues related to nuclear energy engineering and science; support fundamental nuclear sciences, engineering, and health physics research through a nuclear engineering education and research program; promote collaborations, partnerships, and knowledge sharing between institutions of higher education, National Laboratories, other Federal agencies, industry, and associated labor unions; and support communication and outreach related to nuclear science, engineering, and health physics. The Secretary shall conduct— a fellowship program for professors at universities to spend sabbaticals at National Laboratories in the areas of nuclear science and technology; and a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science and engineering departments. In carrying out the program under this subsection, the Secretary may support— converting research reactors from high-enrichment fuels to low-enrichment fuels and upgrading operational instrumentation; revitalizing and upgrading existing nuclear science and engineering infrastructure that support the development of advanced nuclear technologies and applications; regional or subregional university-led consortia to— broaden access to university research reactors; enhance existing university-based nuclear science and engineering infrastructure; and provide project management, technical support, quality engineering and inspections, manufacturing, and nuclear material support; student training programs, in collaboration with the United States nuclear industry, in relicensing and upgrading reactors, including through the provision of technical assistance; and reactor improvements that emphasize research, training, and education, including through the Innovations in Nuclear Infrastructure and Education Program or any similar program. Of any amounts appropriated to carry out the program under this subsection, there is authorized to be appropriated to the Secretary to carry out clauses (ii) and (iii) of subparagraph (A) $55,000,000foreachoffiscalyears2023through2027.TheSecretaryshallcarryoutasubprogramtobeknownastheAdvancedNuclearResearchInfrastructureEnhancementSubprograminorderto—demonstratevariousadvancednuclearreactorandnuclearmicroreactorconcepts;establishmedicalisotopeproductionreactorsorotherspecializedapplications;andadvanceotherresearchinfrastructurethat,inthedeterminationoftheSecretary,isconsistentwiththemissionoftheDepartment.Incarryingoutthesubprogram,theSecretaryshallestablish—notmorethan4newresearchreactors;andnewnuclearscienceandengineeringfacilities,asrequiredtoaddressresearchdemandandidentifiedinfrastructuregaps.Newresearchreactorsandfacilitiesestablishedundersubparagraph(B)shallbeestablishedinamannerthat—supportstheregionalorsubregionalconsortiadescribedinparagraph(4)(C);1andencouragestheparticipationof—historicallyBlackcollegesanduniversities;Tribalcollegesoruniversities;minority-servinginstitutions;EPSCoRuniversities;andjuniororcommunitycolleges.Newresearchreactorsestablishedundersubparagraph(B)shallnotusehigh-enricheduranium,asdefinedinsection16281ofthistitle.TheResearchReactorInfrastructuresubprogramwithintheRadiologicalFacilitiesManagementprogramoftheDepartment,asauthorizedbyparagraph(6),shallbeexpandedtoprovidefuelservicestoresearchreactorsestablishedbythisparagraph.Ofanyamountsappropriatedtocarryouttheprogramunderthissection,thereareauthorizedtobeappropriatedtotheSecretarytocarryoutthesubprogramunderthisparagraph—$45,000,000 for fiscal year 2023; $60,000,000forfiscalyear2024;$65,000,000 for fiscal year 2025; $80,000,000forfiscalyear2026;and$140,000,000 for fiscal year 2027. The Secretary shall carry out a program under which the Secretary shall provide project management, technical support, quality engineering and inspection, and nuclear material handling support to research reactors located at universities. Of any amounts appropriated to carry out the program under this subsection, there are authorized to be appropriated to the Secretary to carry out the program under this paragraph $20,000,000 for each of fiscal years 2021 through 2025. In carrying out the programs under this section, the Department shall, to the maximum extent practicable, allocate 20 percent of funds appropriated to nuclear energy research and development programs annually, excluding funds appropriated for the Advanced Reactor Demonstration Program of the Department, to fund university-led research and university infrastructure projects through an open, competitive solicitation process. Funding for a project provided under this subsection may be used for a portion of the operating and maintenance costs of a research reactor at a university used in the project. In this subsection: The term “junior faculty” means a faculty member who was awarded a doctorate less than 10 years before receipt of an award from the grant program described in paragraph (2)(B). The term “junior or community college” means— a public institution of high education, including additional locations, at which the highest awarded degree, or the predominantly awarded degree, is an associate degree; or any Tribal college or university (as defined in section 1059c of title 20 ). The term “EPSCoR university” means an institution of higher education located in a State eligible to participate in the program defined in section 502 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p note). The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20 . The term “minority-serving institution” means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institution, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution as described in section 1067q of title 20 . The term “Tribal College or University” has the meaning given such term in section 1059c of title 20 .

(b) Nuclear energy traineeship subprogram In carrying out the program under subsection (a), the Secretary shall establish a nuclear energy traineeship subprogram under which the Secretary shall competitively award traineeships in coordination with universities to provide focused, advanced training to meet critical mission needs of the Department, including in industries that are represented by skilled labor unions. In carrying out the subprogram under this subsection, the Secretary shall— encourage appropriate partnerships among National Laboratories, affected universities, community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, and industry; and on an annual basis, evaluate the needs of the nuclear energy community to implement traineeships for focused topical areas addressing mission-specific workforce needs. 2 In carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— research and development; construction and operation; associated supply chains; and workforce training and retraining to support transitioning workforces. There are authorized to be appropriated to the Secretary to carry out the subprogram under this subsection $5,000,000 for each of fiscal years 2023 through 2027.

§ 16274a University Nuclear Leadership Program

(a) In general The Secretary of Energy, the Administrator of the National Nuclear Security Administration, and the Chairman of the Commission shall jointly establish a program, to be known as the “University Nuclear Leadership Program”.

(b) Use of funds Except as provided in paragraph (2) and subsection (c), amounts made available to carry out the Program shall be used to provide financial assistance for scholarships, fellowships, and research and development projects at institutions of higher education in areas relevant to the programmatic mission of the applicable Federal agency, with an emphasis on providing the financial assistance with respect to research, development, demonstration, and commercial application activities relevant to civilian advanced nuclear reactors including, but not limited to— relevant fuel cycle technologies; project management; and advanced construction, manufacturing, and fabrication methods. Notwithstanding paragraph (1), amounts made available to carry out the Program may be used to provide financial assistance for a scholarship, fellowship, or multiyear research and development project that does not align directly with a programmatic mission of the Department of Energy, if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or engineering, which may include nontechnical nuclear research.. 1

(c) Nuclear energy traineeship subprogram The Commission shall establish, as a subprogram of the Program, a nuclear energy traineeship subprogram under which the Commission, in coordination with institutions of higher education and trade schools, shall competitively award traineeships that provide focused training to meet critical mission needs of the Commission and nuclear workforce needs, including needs relating to the nuclear tradecraft workforce. In carrying out the nuclear energy traineeship subprogram described in paragraph (1), the Commission shall— coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on— nuclear workforce needs; and critical mission needs of the Commission; encourage appropriate partnerships among— National Laboratories; institutions of higher education; trade schools; the nuclear energy industry; and other entities, as the Commission determines to be appropriate; and on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— address the workforce needs of the nuclear energy community; and support critical mission needs of the Commission.

(d) Definitions In this section: The term “advanced nuclear reactor” has the meaning given the term in section 16271(b) of this title . The term “Commission” means the Nuclear Regulatory Commission. The term “institution of higher education” has the meaning given the term in section 15801 of this title . The term “National Laboratory” has the meaning given the term in section 16271(b) of this title . The term “Program” means the University Nuclear Leadership Program established under this section. The term “nontechnical nuclear research” means research with specializations such as social sciences or law that can support an increase in community engagement, participation, and confidence in nuclear energy systems, including the navigation of the licensing required for advanced reactor deployment, aligned with the objectives in section 16271(a)(2) of this title .

(e) Authorization of appropriations There are authorized to be appropriated to carry out the Program for each of fiscal years 2021 through 2025— $45,000,000totheSecretaryofEnergy,ofwhich$15,000,000 shall be for use by the Administrator of the National Nuclear Security Administration; and $15,000,000 to the Commission.

§ 16275 Department of Energy civilian nuclear infrastructure and facilities

(a) In general The Secretary shall operate and maintain infrastructure and facilities to support the nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and facilities management.

(b) Duties In carrying out this section, the Secretary shall— develop an inventory of nuclear science and engineering facilities, equipment, expertise, and other assets at all of the National Laboratories; develop a prioritized list of nuclear science and engineering plant and equipment improvements needed at each of the National Laboratories; consider the available facilities and expertise at all National Laboratories and emphasize investments which complement rather than duplicate capabilities; and develop a timeline and a proposed budget for the completion of deferred maintenance on plant and equipment, with the goal of ensuring that Department programs under this part will be generally recognized to be among the best in the world.

(c) Versatile neutron source Not later than December 31, 2017 , the Secretary shall provide for a versatile reactor-based fast neutron source, which shall operate as a national user facility. In carrying out subparagraph (A), the Secretary shall consult with the private sector, institutions of higher education, the National Laboratories, and relevant Federal agencies to ensure that the user facility described in subparagraph (A) will meet the research needs of the largest practicable majority of prospective users. As soon as practicable after determining the mission need under paragraph (1)(A), the Secretary shall submit to the appropriate committees of Congress a detailed plan for the establishment of the user facility. The Secretary shall ensure that the user facility will provide, at a minimum, the following capabilities: Fast neutron spectrum irradiation capability. Capacity for upgrades to accommodate new or expanded research needs. In carrying out the plan submitted under paragraph (2), the Secretary shall consider the following: Capabilities that support experimental high-temperature testing. Providing a source of fast neutrons at a neutron flux, higher than that at which current research facilities operate, sufficient to enable research for an optimal base of prospective users. Maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible. Capabilities for irradiation with neutrons of a lower energy spectrum. Multiple loops for fuels and materials testing in different coolants. Additional pre-irradiation and post-irradiation examination capabilities. Lifetime operating costs and lifecycle costs. The Secretary shall, to the maximum extent practicable, complete construction of, and approve the start of operations for, the user facility by not later than December 31, 2026 . The Secretary shall include in the annual budget request of the Department an explanation for any delay in the progress of the Department in completing the user facility by the deadline described in paragraph (4). The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science. There are authorized to be appropriated to the Secretary to carry out to completion the construction of the facility under this section— $295,000,000forfiscalyear2021;$348,000,000 for fiscal year 2022; $525,000,000forfiscalyear2023;$534,000,000 for fiscal year 2024; and $584,000,000 for fiscal year 2025.

(d) Gateway for Accelerated Innovation in Nuclear In carrying out the programs under this part, the Secretary is authorized to establish a new initiative to be known as the Gateway for Accelerated Innovation in Nuclear (GAIN). The initiative shall, to the maximum extent practicable and consistent with national security, provide the nuclear energy industry with access to cutting edge research and development along with the technical, regulatory, and financial support necessary to move innovative nuclear energy technologies toward commercialization in an accelerated and cost-effective fashion. The Secretary shall make available, as a minimum— experimental capabilities and testing facilities; computational capabilities, modeling, and simulation tools; access to existing datasets and data validation tools; and technical assistance with guidance or processes as needed. The Secretary shall select industry partners for awards on a competitive merit-reviewed basis. In selecting industry partners under subparagraph (A), the Secretary shall consider— the information disclosed by the Department as described in paragraph (1); and any existing facilities the Department will provide for public private partnership activities.

§ 16276 Security of nuclear facilities

The Secretary shall conduct a research and development program on cost-effective technologies for increasing— the safety of nuclear facilities from natural phenomena; and the security of nuclear facilities from deliberate attacks. ( Pub. L. 109–58, title IX, § 956 , Aug. 8, 2005 , 119 Stat. 888 ; Pub. L. 115–248, § 2(f) , Sept. 28, 2018 , 132 Stat. 3157 .)

§ 16277 High-performance computation and supportive research

(a) Modeling and simulation The Secretary shall carry out a program to enhance the capabilities of the United States to develop new reactor technologies through high-performance computation modeling and simulation techniques.

(b) Coordination In carrying out the program under subsection (a), the Secretary shall coordinate with relevant Federal agencies as described by the National Strategic Computing Initiative established by Executive Order 13702 (80 Fed. Reg. 46177 ( July 29, 2015 )), while taking into account the following objectives: Using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems and reactor systems for space exploration. Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation. Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science. Leveraging experience from the Energy Innovation Hub for Modeling and Simulation. Ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in nuclear energy technology development.

(c) Supportive research activities The Secretary shall consider support for additional research activities to maximize the utility of the research facilities of the Department, including physical processes— to simulate degradation of materials and behavior of fuel forms; and for validation of computational tools.

(d) Duplication The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the program under subsection (a) with the activities of— other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency–Energy, and the Advanced Scientific Computing Research program; and industry.

§ 16278 Enabling nuclear energy innovation

(a) National Reactor Innovation Center There is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded, in whole or in part, by the private sector.

(b) Technical expertise In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites.

(c) Objectives The reactors described in subsection (b) shall operate to meet the following objectives: Enabling physical validation of advanced nuclear reactor concepts. Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of advanced nuclear reactor concepts. General research and development to improve nascent technologies.

(d) Sharing technical expertise In carrying out the program under subsection (a), the Secretary may enter into a memorandum of understanding with the Chairman of the Commission in order to share technical expertise and knowledge through— enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded, in whole or in part, by the private sector; operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector; developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors; leveraging expertise from the Commission with respect to safety analysis; and enabling technical staff of the Commission to actively observe and learn about technologies developed under the program.

(e) Agency coordination The Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following: Ensuring that— the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology; and the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear reactors. The use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathematical models of the physical behavior of advanced nuclear reactors. Ensuring that— the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology; and the Commission has access to the facilities described in subparagraph (A), as needed.

(f) Reporting requirements Not later than 180 days after September 28, 2018 , the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b). The report submitted under paragraph (1) shall address— the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories; options to regulate privately proposed and funded experimental reactors hosted by the Department; potential sites capable of hosting privately funded experimental advanced nuclear reactors; the efficacy of the available contractual mechanisms of the Department to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology; the liability of the Federal Government with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 10101 of this title ); the impact on the aggregate inventory in the United States of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 10101 of this title ); potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and other challenges or considerations identified by the Secretary. Once every 2 years, the Secretary shall update relevant provisions of the report submitted under paragraph (1) and submit to the appropriate committees of Congress the update.

(g) Savings clauses Nothing in this section authorizes the Secretary or any person to construct or operate a nuclear reactor for the purpose of demonstrating the suitability for commercial application of the nuclear reactor unless licensed by the Commission in accordance with section 5842 of this title . Any activity carried out under this section that involves the risk of public liability shall be subject to the financial protection or indemnification requirements of section 2210 of this title (commonly known as the “Price-Anderson Act”).

§ 16279 Budget plan

(a) In general Not later than 1 year after September 28, 2018 , the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Secretary, as described in subsections (b) through (d).

(b) Budget plan alternative 1 One of the budget plans submitted under subsection (a) shall assume constant annual funding for 10 years at the appropriated level for the current fiscal year for the civilian nuclear energy research and development of the Department.

(c) Budget plan alternative 2 One of the budget plans submitted under subsection (a) shall be an unconstrained budget.

(d) Inclusions Each alternative budget plan submitted under subsection (a) shall include— a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies; realistic budget requirements for the Department to implement sections 16275(c), 16277, and 16278 of this title; the justification of the Department for continuing or terminating existing civilian nuclear energy research and development programs; and a description of the progress made under the programs described in section 16279a of this title .

(e) Updates Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate updated 10-year budget plans which shall identify, and provide a justification for, any major deviation from a previous budget plan submitted under this section.

§ 16279a Advanced reactor demonstration program

(a) Demonstration project defined For the purposes of this section, the term “demonstration project” means an advanced nuclear reactor operated in any manner, including as part of the power generation facilities of an electric utility system, for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor.

(b) Establishment The Secretary shall establish a program to advance the research, development, demonstration, and commercial application of domestic advanced, affordable, nuclear energy technologies by— demonstrating a variety of advanced nuclear reactor technologies, including those that could be used to produce— safer, emissions-free power at a competitive cost of electricity compared to other new energy generation technologies on December 27, 2020 ; heat for community heating, industrial purposes, heat storage, or synthetic fuel production; remote or off-grid energy supply; or backup or mission-critical power supplies; identifying research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and facilitating the access of the private sector— to Federal research facilities and personnel; and to the results of research relating to civil nuclear technology funded by the Federal Government.

(c) Demonstration projects In carrying out demonstration projects under the program established in subsection (b), the Secretary shall— include, as an evaluation criterion, diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various— primary coolants; fuel types and compositions; and neutron spectra; consider, as evaluation criterions— the likelihood that the operating cost for future commercial units for each design implemented through a demonstration project under this subsection is cost-competitive in the applicable market, including those designs configured as integrated energy systems as described in section 16272(c) of this title ; the technology readiness level of a proposed advanced nuclear reactor technology; the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology; and the capacity to meet cost-share requirements of the Department; ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall— be conducted by a panel that includes not fewer than 1 representative that does not have a conflict of interest of each within the applicable market of the design of— an electric utility; an entity that uses high-temperature process heat for manufacturing or industrial processing, such as a petrochemical or synthetic fuel company, a manufacturer of metals or chemicals, or a manufacturer of concrete; an expert from the investment community; a project management practitioner; and an environmental health and safety expert; and include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams, together with the technology readiness level, the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts; for federally funded demonstration projects, enter into cost-sharing agreements with private sector partners in accordance with section 16352 of this title for the conduct of activities relating to the research, development, and demonstration of advanced nuclear reactor designs under the program; consult with— National Laboratories; institutions of higher education; traditional end users (such as electric utilities); potential end users of new technologies (such as users of high-temperature process heat for manufacturing processing, including petrochemical or synthetic fuel companies, manufacturers of metals or chemicals, or manufacturers of concrete); developers of advanced nuclear reactor technology; environmental and public health and safety experts; and non-proliferation experts; seek to ensure that the demonstration projects carried out under this section do not cause any delay in the progress of an advanced reactor project by private industry and the Department of Energy that is underway as of December 27, 2020 ; establish a streamlined approval process for expedited contracting between awardees and the Department; identify technical challenges to candidate technologies; support near-term research and development to address the highest risk technical challenges to the successful demonstration of a selected advanced reactor technology, in accordance with— paragraph (8); the research and development activities under section 16272(b) of this title ; and the research and development activities under section 16278 of this title ; and establish such technology advisory working groups as the Secretary determines to be appropriate to advise the Secretary regarding the technical challenges identified under paragraph (8) and the scope of research and development programs to address the challenges, in accordance with paragraph (9), to be comprised of— private sector advanced nuclear reactor technology developers; technical experts with respect to the relevant technologies at institutions of higher education; technical experts at the National Laboratories; environmental and public health and safety experts; non-proliferation experts; and any other entities the Secretary determines appropriate.

(d) Milestone-based demonstration projects The Secretary may carry out demonstration projects under subsection (c) as a milestone-based demonstration project under section 7256c of this title .

(e) Nonduplication Entities may not receive funds under this program if receiving funds from another reactor demonstration program at the Department in the same fiscal year.

(f) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the program under this subsection— $405,000,000forfiscalyear2021;$405,000,000 for fiscal year 2022; $420,000,000forfiscalyear2023;$455,000,000 for fiscal year 2024; and $455,000,000 for fiscal year 2025.

§ 16279b International nuclear energy cooperation

(a) In general The Secretary shall carry out a program— to collaborate in international efforts with respect to research, development, demonstration, and commercial application of nuclear technology that supports diplomatic, nonproliferation, climate, and international economic objectives for the safe, secure, and peaceful use of such technology; to develop collaboration initiatives with respect to such efforts with a variety of countries through— research and development agreements; the development of coordinated action plans; and new or existing multilateral cooperation commitments including— the International Framework for Nuclear Energy Cooperation; the Generation IV International Forum; the International Atomic Energy Agency; the Organization for Economic Co-operation and Development Nuclear Energy Agency; and any other international collaborative effort with respect to advanced nuclear reactor operations and safety; to support, with the concurrence of the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of United States nuclear energy companies (as defined in subsection (b) of the International Nuclear Energy Act of 2025 [ 42 U.S.C. 16283 ]) in civil nuclear energy programs outside the United States through— bilateral and multilateral arrangements developed and executed with the concurrence of the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of United States nuclear energy companies (as defined in that subsection); the designation of 1 or more United States nuclear energy companies (as defined in that subsection) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; and the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section.

(b) Requirements The program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary— to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as— training; financing; safety; security; safeguards; liability; advanced fuels; operations; and options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 10101 of this title ); and in coordination with any Federal agency that the President determines to be appropriate.

(c) Authorization of appropriations Of funds authorized to be appropriated or otherwise made available to the Secretary to carry out activities related to international civil nuclear energy cooperation, there is authorized to be appropriated for each of fiscal years 2026 through 2030 up to $15,500,000 to carry out this section.

§ 16279c Organization and administration of programs

(a) Coordination In carrying out this part, the Secretary shall coordinate activities, and effectively manage crosscutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories.

(b) Collaboration In carrying out this part, the Secretary shall collaborate with industry, National Laboratories, other relevant Federal agencies, institutions of higher education, including minority-serving institutions and research reactors, Tribal entities, including Alaska Native Corporations, and international bodies with relevant scientific and technical expertise. To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1).

(c) Dissemination of results and public availability The Secretary shall, except to the extent protected from disclosure under section 552(b) of title 5 , publish the results of projects supported under this part through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects.

(d) Education and outreach In carrying out the activities described in this part, the Secretary shall support education and outreach activities to disseminate information and promote public understanding of nuclear energy.

(e) Technical assistance In carrying out this part, for the purposes of supporting technical, nonhardware, and information-based advances in nuclear energy development and operations, the Secretary shall also conduct technical assistance and analysis activities, including activities that support commercial application of nuclear energy in rural, Tribal, and low-income communities.

(f) Program review At least annually, all programs in this part shall be subject to an annual review by the Nuclear Energy Advisory Committee of the Department or other independent entity, as appropriate.

(g) Sensitive information The Secretary shall not publish any information generated under this part that is detrimental to national security, as determined by the Secretary.

§ 16280 Advanced Nuclear Energy Licensing Cost-Share Grant Program

(a) Definitions In this section: The term “Commission” means the Nuclear Regulatory Commission. The term “program” means the Advanced Nuclear Energy Cost-Share Grant Program established under subsection (b). The term “Secretary” means the Secretary of Energy.

(b) Establishment The Secretary shall establish a grant program, to be known as the “Advanced Nuclear Energy Cost-Share Grant Program”, under which the Secretary shall make cost-share grants to applicants for the purpose of funding a portion of the Commission fees of the applicant for pre-application review activities and application review activities.

(c) Requirement The Secretary shall seek out technology diversity in making grants under the program.

(d) Cost-share amount The Secretary shall determine the cost-share amount for each grant under the program in accordance with section 16352 of this title .

(e) Use of funds A recipient of a grant under the program may use the grant funds to cover Commission fees, including those fees associated with— developing a licensing project plan; obtaining a statement of licensing feasibility; reviewing topical reports; and other— pre-application review activities; application review activities; and interactions with the Commission.

§ 16281 Advanced nuclear fuel availability

(a) Program The Secretary shall establish and carry out, through the Office of Nuclear Energy, a program to support the availability of HA–LEU for civilian domestic research, development, demonstration, and commercial use. In carrying out the program under paragraph (1), the Secretary— shall develop, in consultation with the Commission, criticality benchmark data to assist the Commission in— the licensing and regulation of special nuclear material fuel fabrication and enrichment facilities under part 70 of title 10, Code of Federal Regulations; and certification of transportation packages under part 71 of title 10, Code of Federal Regulations; shall conduct research and development, and provide financial assistance to assist commercial entities, to design and license transportation packages for HA–LEU, including canisters for metal, gas, and other HA–LEU compositions; shall, to the extent practicable— by January 1, 2024 , support commercial entity submission of such transportation package designs to the Commission for certification by the Commission under part 71 of title 10, Code of Federal Regulations; and encourage the Commission to have such transportation package designs so certified by the Commission within 24 months after receipt of an application; shall consider options for acquiring or providing HA–LEU from a stockpile of uranium owned by the Department, or using enrichment technology, to make available to members of the consortium established pursuant to subparagraph (F) for commercial use or demonstration projects, taking into account cost and amount of time required, and prioritizing methods that would produce usable HA–LEU the quickest, including options for acquiring or providing HA–LEU— that— directly meets the needs of an end user; and has been previously used or fabricated for another purpose; that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department removed; that is produced from high-enriched uranium that is blended with lower assay uranium to become HA–LEU to meet the needs of an end user; that is produced by Department research, development, and demonstration activities; that is produced in the United States by— a United States-owned commercial entity operating United States-origin technology; a United States-owned commercial entity operating a foreign-origin technology; or a foreign-owned entity operating a foreign-origin technology; that does not require extraction of uranium or development of uranium from lands managed by the Federal Government, cause harm to the natural or cultural resources of Tribal communities or sovereign Native Nations, or result in degraded ground or surface water quality on publicly managed or privately owned lands; or that does not negatively impact the availability of HA–LEU by the Department to support the production of medical isotopes, including the medical isotopes defined under the American Medical Isotopes Production Act of 2012 ( Public Law 112–239 ; 126 Stat. 2211 ); not later than 1 year after December 27, 2020 , and biennially thereafter, shall conduct a survey of stakeholders to estimate the quantity of HA–LEU necessary for domestic commercial use for each of the 5 subsequent years; shall establish, and from time to time update, a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA–LEU for civilian domestic demonstration and commercial use, including by— providing information to the Secretary for purposes of surveys conducted under subparagraph (E); purchasing HA–LEU made available by the Secretary to members of the consortium for commercial use under the program; and carrying out demonstration projects using HA–LEU provided by the Secretary under the program; if applicable, shall, prior to acquiring or providing HA–LEU under subparagraph (H), in coordination with the consortium established pursuant to subparagraph (F), develop a schedule for cost recovery of HA–LEU made available to members of the consortium using HA–LEU for commercial use pursuant to subparagraph (H); shall, beginning not later than 3 years after the establishment of a consortium under subparagraph (F), have the capability to acquire or provide HA–LEU, in order to make such HA–LEU available to members of the consortium beginning not later than January 1, 2026 , in amounts that are consistent, to the extent practicable, with— the quantities estimated under the surveys conducted under subparagraph (E); plus the quantities necessary for demonstration projects carried out under the program, as determined by the Secretary; shall, for advanced reactor demonstration projects, prioritize the provision of HA–LEU made available under this section through a merit-based, competitive selection process; and shall seek to ensure that the activities carried out under this section do not cause any delay in the progress of any HA–LEU project between private industry and the Department that is underway as of December 27, 2020 . The requirements of section 3112 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 ), except for the requirements of subparagraph (A) of section 3112(d)(2), shall not apply to the provision of enrichment services, or the sale or transfer of HA–LEU for commercial use by the Secretary to a member of the consortium under this subsection. HA–LEU made available to members of the consortium established pursuant to paragraph (2)(F) for demonstration projects shall remain the property of and title will remain with the Department, which shall be responsible for the storage, use, and disposition of all radioactive waste and spent nuclear fuel created by the irradiation, processing, or purification of such uranium, and shall not be subject to the requirements of a sale or transfer of uranium under sections 3112, except for the requirements of subparagraph (A) of section 3112, and 3113 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 ; 42 U.S.C. 2297h–11 ). The Secretary shall only make available to a member of the consortium under this section for commercial or demonstration project use material that the President has determined is not necessary for national security needs, provided that this available material shall not include any material that the Secretary may determine to be necessary for the National Nuclear Security Administration or other critical Departmental missions. The Secretary may not make commitments under this section (including cooperative agreements (used in accordance with section 6305 of title 31 ), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HA–LEU unless— funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made; or such committing agreement includes a clause conditioning the Federal Government’s obligation on the availability of future year appropriations. The authority of the Secretary to carry out the program under this subsection shall expire on the earlier of— September 30, 2034 ; or 90 days after the date on which HA–LEU is available to provide a reliable and adequate supply for civilian domestic advanced nuclear reactors in the commercial market. The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is made available under this subsection.

(b) Reports to Congress Not later than 12 months after December 27, 2020 , the Commission shall submit to Congress a report that includes— identification of updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary in order for HA–LEU to be commercially available, including— guidance for material control and accountability of special nuclear material; certifications relating to transportation packaging for HA–LEU; and licensing of enrichment, conversion, and fuel fabrication facilities for HA–LEU, and associated physical security plans for such facilities; a description of such updates; and a timeline to complete such updates. Not later than 180 days after December 27, 2020 , the Secretary shall submit to Congress a report that describes actions proposed to be carried out by the Secretary under the program described in subsection (a)(1). In developing the report under this paragraph, the Secretary shall consult with— the Commission; suppliers of medical isotopes that have converted their operations to use HA–LEU; the National Laboratories; institutions of higher education; a diverse group of entities from the nuclear energy industry; a diverse group of technology developers; experts in nuclear nonproliferation, environmental safety, safeguards and security, and public health and safety; and members of the consortium created under subsection (a)(2)(F). The report under this paragraph shall include estimated costs, budgets, and timeframes for all activities carried out under this section. The report under this paragraph shall evaluate— the actions required to establish and carry out the program under subsection (a)(1) and the cost of such actions, including with respect to— proposed preliminary terms for contracting between the Department and recipients of HA–LEU under the program (including guidelines defining the roles and responsibilities between the Department and the recipient); and the potential to coordinate with recipients of HA–LEU under the program regarding— fuel fabrication; and fuel transport; the potential sources and fuel forms available to provide uranium for the program under subsection (a)(1); options to coordinate the program under subsection (a)(1) with the operation of the versatile, reactor-based fast neutron source under section 16279a of this title (as added by section 2003); the ability of uranium producers to provide materials for advanced nuclear reactor fuel; any associated legal, regulatory, and policy issues that should be addressed to enable— implementation of the program under subsection (a)(1); and the establishment of an industry capable of providing HA–LEU; and any research and development plans to develop criticality benchmark data under subsection (a)(2)(A), if needed. Not later than 180 days after December 27, 2020 , the Secretary shall, after consulting with relevant entities, including National Laboratories, institutions of higher education, and technology developers, submit to Congress a report identifying any and all options for providing nuclear material, containing isotopes other than the uranium-235 isotope, such as uranium-233 and thorium-232 to be used as fuel for advanced nuclear reactor research, development, demonstration, or commercial application purposes.

(c) Authorization of appropriations There are authorized to be appropriated to carry out research, development, demonstration, and transportation activities in this section— $31,500,000forfiscalyear2021;$33,075,000 for fiscal year 2022; $34,728,750forfiscalyear2023;$36,465,188 for fiscal year 2024; and $38,288,447 for fiscal year 2025.

(d) Definitions In this section: The term “Commission” means the Nuclear Regulatory Commission. The term “demonstration project” has the meaning given such term in section 16279a of this title . The term “HA–LEU” means high-assay low-enriched uranium. The term “high-assay low-enriched uranium” means uranium having an assay greater than 5.0 weight percent and less than 20.0 weight percent of the uranium-235 isotope. The term “high-enriched uranium” means uranium with an assay of 20.0 weight percent or more of the uranium-235 isotope. The term “Secretary” means the Secretary of Energy.

§ 16282 U.S. nuclear fuel security initiative

(a) Short title This section may be cited as the “Nuclear Fuel Security Act of 2023”.

(b) Sense of Congress It is the sense of Congress that— the Department should— support increased domestic production of low-enriched uranium; and accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.

(c) Objectives The objectives of this section are— to support domestic production of low-enriched uranium; to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— advanced nuclear reactor developers; and the consortium; to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department, including collaborative research and development activities with other Federal agencies; to support enrichment, deconversion, and reduction technology deployed in the United States; and to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules.

(d) Definitions In this section: The term “advanced nuclear reactor” has the meaning given the term in section 16271(b) of this title . The term “associated entity” means an entity that— is owned, controlled, or dominated by— the government of a country that is an ally or partner of the United States; or an associated individual; or is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. The term “associated individual” means an alien who is a national of a country that is an ally or partner of the United States. The term “consortium” means the consortium established under section 16281(a)(2)(F) of this title . The term “Department” means the Department of Energy. The term “high-assay, low-enriched uranium” or “HALEU” means high-assay low-enriched uranium (as defined in section 16281(d) of this title ). The term “low-enriched uranium” or “LEU” means each of— low-enriched uranium (as defined in section 2297h) of this title; and low-enriched uranium (as defined in section 2297h–10a(a) of this title ). The term “Programs” means— the Nuclear Fuel Security Program established under subsection (e)(1); the American Assured Fuel Supply Program of the Department; and the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (e)(3). The term “Secretary” means the Secretary of Energy. The term “U.S. nuclear energy company” means a company that— is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and is involved in the nuclear energy industry.

(e) Establishment and expansion of programs The Secretary, consistent with the objectives described in subsection (c), shall— establish a program, to be known as the “Nuclear Fuel Security Program”, to increase the quantity of HALEU and, if determined to be necessary after completion of a market evaluation, LEU produced by U.S. nuclear energy companies; expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and establish a program, to be known as the “HALEU for Advanced Nuclear Reactor Demonstration Projects Program”— to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time.

(f) Nuclear Fuel Security Program In carrying out the Nuclear Fuel Security Program, the Secretary— shall— if determined to be necessary or appropriate based on the completion of a market evaluation, not later than 90 days after December 22, 2023 , take actions, including cost-shared financial agreements, milestone-based payments, or other mechanisms, to support commercial availability of LEU and to promote diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; not later than 180 days after December 22, 2023 , enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; utilize only uranium produced, converted, enriched, deconverted, and reduced in— the United States; or if domestic options are not practicable, a country that is an ally or partner of the United States; and to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31 ), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after March 9, 2024 ; and may make a commitment described in clause (i) only— if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and to the extent of that up-front obligation recorded in full at that time. In carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— options to ensure the quickest availability of commercially enriched HALEU, including— partnerships between 2 or more commercial enrichers; and utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; options that provide for an array of HALEU— enrichment levels; output levels to meet demand; and fuel forms, including uranium metal and oxide; and options— to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and to make HALEU available to other advanced nuclear reactor developers and other end-users. In carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies.

(g) Expansion of the American Assured Fuel Supply Program The Secretary, in consultation with U.S. nuclear energy companies, shall— expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c); utilize only uranium produced, converted, enriched, deconverted, and reduced in— the United States; or if domestic options are not practicable, a country that is an ally or partner of the United States; make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c).

(h) HALEU for Advanced Nuclear Reactor Demonstration Projects Program On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— by September 30, 2024 , not less than 3 metric tons of HALEU; by December 31, 2025 , not less than an additional 8 metric tons of HALEU; and by June 30, 2026 , not less than an additional 10 metric tons of HALEU. In carrying out activities under this subsection, the Secretary shall take into consideration— options for providing HALEU from a stockpile of uranium owned by the Department, including— uranium that has been declared excess to national security needs during or prior to fiscal year 2023; uranium that— directly meets the needs of advanced nuclear reactor developers; but has been previously used or fabricated for another purpose; uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or environmental cleanup activities. In carrying out activities under this subsection, the Secretary— may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31 ), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after March 9, 2024 ; and may make a commitment described in clause (i) only— if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and to the extent of that up-front obligation recorded in full at that time. The authority of the Secretary to carry out activities under this subsection shall terminate on the earlier of— the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies; and September 30, 2034 .

(i) Domestic sourcing considerations Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— the activity promotes manufacturing in the United States associated with uranium supply chains; or the activity relies on resources, materials, or equipment developed or produced— in the United States; or in a country that is an ally or partner of the United States by— the government of that country; an associated entity; or a U.S. nuclear energy company. The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (c).

(j) Reasonable compensation In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section.

(k) Nuclear Regulatory Commission The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.) and related statutes.

(l) USEC Privatization Act The requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) ) shall not apply to activities related to the Programs.

(m) National security needs The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.

(n) International agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements.

(o) Report on civil nuclear credit program Not later than 180 days after December 22, 2023 , the Secretary shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 18753 of this title , taking into account— the zero-emission nuclear power production credit authorized by section 45U of title 26 ; and any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.

§ 16283 International nuclear energy

(a) Short title This section may be cited as the “International Nuclear Energy Act of 2025”.

(b) Definitions In this section: The term “advanced nuclear reactor” has the meaning given the term in section 16271(b) of this title , except that, for purposes of this section, the reference to “reactors operating on December 27, 2020 ” in paragraph (1)(A) of that section shall be deemed to read “reactors operating in the United States on December 27, 2020 ”. The term “ally or partner nation” means— the Government of any country that is a member of the Organization for Economic Co-operation and Development; the Government of the Republic of India; and the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this section. The term “appropriate committees of Congress” means— the Committees on Foreign Relations, Homeland Security and Governmental Affairs, and Energy and Natural Resources of the Senate; and the Committees on Foreign Affairs, Science, Space, and Technology, and Energy and Commerce of the House of Representatives. The term “associated entity” means an entity that— is owned, controlled, or operated by— an ally or partner nation; or an associated individual; or is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. The term “associated individual” means a foreign national who is a national of a country described in paragraph (2). The term “civil nuclear” means activities, other than atomic energy defense activities, relating to— nuclear plant construction; nuclear fuel services; nuclear energy financing; nuclear plant operations; nuclear plant regulation; nuclear medicine; nuclear safety; community engagement in areas in reasonable proximity to nuclear sites; infrastructure support for nuclear energy; nuclear plant decommissioning; nuclear liability; safe storage and safe disposal of spent nuclear fuel; environmental safeguards; nuclear nonproliferation and security; and technology related to the matters described in subparagraphs (A) through (N). The term “embarking civil nuclear nation” means a country that— does not have a civil nuclear energy program; is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for— nuclear safety; nuclear security; radioactive waste management; civil nuclear energy; environmental safeguards; community engagement in areas in reasonable proximity to nuclear sites; nuclear liability; or nuclear reactor licensing; is in the process of selecting, developing, constructing, or utilizing nuclear reactors, including advanced nuclear reactors, or advanced civil nuclear technologies; or is eligible to receive development lending from the World Bank. The term “embarking civil nuclear nation” does not include— the People’s Republic of China; the Russian Federation; the Republic of Belarus; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; the Republic of Cuba; the Bolivarian Republic of Venezuela; Burma; or any other country— the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.); or the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of— section 2371(a) of title 22 ; section 2780(d) of title 22 ; section 4813(c)(1)(A)(i) of title 50 ; or any other relevant provision of law. The term “Secretary” means the Secretary of Energy. The term “spent nuclear fuel” has the meaning given the term in section 10101 of this title . The term “United States nuclear energy company” means a company that— is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and is involved in the nuclear energy industry.

(c) Nuclear Exports Working Group There is established a working group, to be known as the “Nuclear Exports Working Group” (referred to in this subsection as the “working group”). The working group shall be composed of— senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate; and other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. The working group shall report to the President or 1 or more Federal officials designated by the President, if applicable. The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A). Not later than 1 year after December 18, 2025 , the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions and prevent the dissemination of nuclear technology, materials, and weapons to adversarial nations and terrorist groups. In establishing the strategy under subparagraph (A), the working group shall collaborate with— any Federal department or agency that the President determines to be appropriate; and representatives of private industry and experts in nuclear security and risk reduction, as appropriate.

(d) Engagement with ally or partner nations The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations. In carrying out the initiative described in paragraph (1), the President, acting through an appropriate Federal official, and in coordination with the officials described in subparagraph (B), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations. The officials referred to in subparagraph (A) are— appropriate officials of any Federal agency that the President determines to be appropriate; and appropriate officials representing foreign countries and governments, including— ally or partner nations; embarking civil nuclear nations; and any other country or government that the President, in consultation with the officials described in clause (i), determines to be appropriate. In carrying out the initiative described in paragraph (1), the President shall— assist nongovernmental organizations, the Department of Energy, and other relevant Federal departments and agencies in the provision of education and training to foreign governments in nuclear safety, security, and safeguards— through engagement with the International Atomic Energy Agency; or independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards; coordinate with appropriate Federal departments and agencies on efforts to expand outreach to the private investment community and establish public-private financing relationships that enable the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States; seek to better coordinate, to the maximum extent practicable, the work carried out by any Federal agency that the President determines to be appropriate; and coordinate with the Export-Import Bank of the United States to improve the efficient and effective exporting of civil nuclear technologies and materials.

(e) Cooperative financing relationships with ally or partner nations and embarking civil nuclear nations The President shall designate an appropriate White House official to coordinate with the officials described in subsection (d)(2)(B) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations. In this paragraph, the term “United States competitiveness clause” means any United States competitiveness provision in any agreement entered into by the Department of Energy, including— a cooperative agreement; a cooperative research and development agreement; and a patent waiver. In carrying out paragraph (1), the relevant officials described in that paragraph shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that paragraph. The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1).

(f) Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities for civil nuclear energy Not later than 2 years after December 18, 2025 , the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy. The meetings described in paragraph (1) shall include— a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on United States nuclear energy companies, during the 10-year period beginning on December 18, 2025 to provide options for addressing energy security and environmental impacts; and a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— the demonstration and deployment of advanced nuclear reactors; and the development of cooperative research facilities. In conducting the meetings described in paragraph (1), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the heads of other relevant Federal agencies and only after initial consultation with the appropriate committees of Congress, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.

(g) Omitted

(h) International civil nuclear program support Not later than 120 days after December 18, 2025 , the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, shall launch an international initiative (referred to in this subsection as the “initiative”) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this subsection, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs. In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to award grants of financial assistance in amounts not greater than $5,500,000toembarkingcivilnuclearnationsinaccordancewiththisparagraph—foractivitiesrelatingtothedevelopmentofcivilnuclearenergyprograms;andtofacilitatethebuildingoftechnicalcapacitiesforthoseactivities.TheSecretaryofState,incoordinationwiththeSecretaryand1ormoreotherFederalofficialsdesignatedbythePresident,ifapplicable,mayaward—notmorethan1grantoffinancialassistanceundersubparagraph(A)toany1embarkingcivilnuclearnationeachfiscalyear;andnotmorethanatotalof5grantsoffinancialassistanceundersubparagraph(A)toany1embarkingcivilnuclearnation.Incarryingouttheinitiative,theSecretaryofState,incoordinationwiththeSecretaryand1ormoreotherFederalofficialsdesignatedbythePresident,ifapplicable,isauthorizedtoprovidefinancialassistancetoanembarkingcivilnuclearnationforthepurposeofcontractingwithaUnitedStatesnuclearenergycompanytohire1ormoresenioradvisorstoassisttheembarkingcivilnuclearnationinestablishingacivilnuclearprogram.Asenioradvisordescribedinsubparagraph(A)shallhaverelevantexperienceandqualificationstoadvisetheembarkingcivilnuclearnationon,andfacilitateonbehalfoftheembarkingcivilnuclearnation,1ormoreofthefollowingactivities:Thedevelopmentoffinancingrelationships.Thedevelopmentofastandardizedfinancingandprojectmanagementframeworkfortheconstructionofnuclearpowerplants.Thedevelopmentofastandardizedlicensingframeworkfor—lightwatercivilnucleartechnologies;andnon-lightwatercivilnucleartechnologiesandadvancednuclearreactors.Theidentificationofqualifiedorganizationsandserviceproviders.Theidentificationoffundstosupportpaymentforservicesrequiredtodevelopacivilnuclearprogram.Marketanalysis.Theidentificationofthesafety,security,safeguards,andnucleargovernancerequiredforacivilnuclearprogram.Riskallocation,riskmanagement,andnuclearliability.Technicalassessmentsofnuclearreactorsandtechnologies.TheidentificationofactionsnecessarytoparticipateinaglobalnuclearliabilityregimebasedontheConventiononSupplementaryCompensationforNuclearDamage,withAnnex,doneatViennaSeptember12,1997(TIAS15–415).Stakeholderengagement.Managementofspentnuclearfuelandnuclearwaste.Anyothermajoractivitiestosupporttheestablishmentofacivilnuclearprogram,suchastheestablishmentofexport,financing,construction,training,operations,andeducationrequirements.Financialassistanceunderthisparagraphisauthorizedtobeprovidedtoanembarkingcivilnuclearnationinadditiontoanyfinancialassistanceprovidedtothatembarkingcivilnuclearnationunderparagraph(2).Notlaterthan1yearafterDecember18,2025,theOfficesoftheInspectorsGeneralfortheDepartmentofStateandtheDepartmentofEnergyshallcoordinate—toestablishandsubmittotheappropriatecommitteesofCongressajointstrategicplantoconductcomprehensiveoversightofactivitiesauthorizedunderthissubsectiontopreventfraud,waste,andabuse;andtoengageinindependentandeffectiveoversightofactivitiesauthorizedunderthissubsectionthroughjointorindividualaudits,inspections,investigations,orevaluations.Offundsauthorizedtobeappropriatedorotherwisemadeavailabletocarryoutinternationalcivilnuclearenergycooperation,thereisauthorizedtobeappropriatedtotheSecretaryofStateforfiscalyears2026through2030upto$50,000,000 to carry out this subsection.

(i) Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this subsection as a “conference”). It is the sense of Congress that each conference should— be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to— nuclear safety, security, safeguards, and sustainability; nonproliferation and environmental safeguards; and local community engagement in areas in reasonable proximity to nuclear sites; facilitate— the development of— joint commitments and goals to improve— nuclear safety, security, safeguards, and sustainability; environmental safeguards; and local community engagement in areas in reasonable proximity to nuclear sites; cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; a standardized financing and project management framework for the construction of civil nuclear power plants; a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and a global civil nuclear liability regime; cooperation for enhancing the overall aspects of civil nuclear power, such as— nuclear safety, security, safeguards, and sustainability; nuclear laws (including regulations); waste management; quality management systems; technology transfer; human resources development; localization; reactor operations; nuclear liability; and decommissioning; and the development and determination of the mechanisms described in subparagraphs (G) and (H) of subsection (j)(1), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that subsection; strengthen the international institutions that support nuclear safety, security, safeguards, and sustainability; and foster enhanced international coordination on licensing frameworks for civil nuclear technologies. It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to— the safe and secure use, storage, and transport of nuclear and radiological materials; managing the evolving cyber threat to nuclear and radiological security; and the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.

(j) Advanced Reactor Coordination and Resource Center The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the “Advanced Reactor Coordination and Resource Center” (referred to in this subsection as the “Center”), for the purposes of— identifying qualified organizations and service providers— for embarking civil nuclear nations; to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under subsection (c)— to identify funds to support payment for services required to develop a civil nuclear program; to provide market analysis; and to create— project structure models; models for electricity market analysis; models for nonelectric applications market analysis; and financial models; fostering the safety, security, safeguards, and nuclear governance required for a civil nuclear program; supporting multinational standards or guidance on nuclear safety, security, and safeguards to be developed by countries with civil nuclear programs and experience; developing and strengthening communications, engagement, and consensus-building; carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program; developing mechanisms for how to fund and staff the Center; and determining mechanisms for the selection of the location or locations of the Center. The President shall carry out paragraph (1) with the objective of establishing the Center if the President determines that it is feasible to do so.

(k) Strategic Infrastructure Fund Working Group There is established a working group, to be known as the “Strategic Infrastructure Fund Working Group” (referred to in this subsection as the “working group”) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects. The working group shall be composed of— senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate; other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and any senior-level Federal official selected by the President or 1 or more Federal officials designated by the President from any Federal agency or organization. The working group shall report to the National Security Council. The working group shall— provide direction and advice to the officials described in subsection (d)(2)(B)(i) and appropriate Federal agencies, as determined by the working group, with respect to the feasibility of establishing a Strategic Infrastructure Fund (referred to in this paragraph as the “Fund”) to be used— to support those aspects of projects relating to— civil nuclear technologies; and microprocessors; and for strategic investments identified by the working group; and address critical areas in determining the appropriate design for the Fund, including— transfer of assets to the Fund; transfer of assets from the Fund; how assets in the Fund should be invested; and governance and implementation of the Fund. Not later than 180 days after December 18, 2025 , the working group shall brief the committees described in subparagraph (C) on the status of the development of the processes necessary to implement this subsection. Not later than 1 year after December 18, 2025 , the working group shall submit to the committees described in subparagraph (C) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund or an assessment of why the establishment of the Fund is not feasible. The committees referred to in subparagraphs (A) and (B) are— the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, the Committee on Finance, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.

(l) Joint assessment between the United States and India on nuclear liability rules The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the United States-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis— to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206); to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities. Not later than 180 days after December 18, 2025 , and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to paragraph (1)(A).

(m) Section 123 agreements The Secretary of State shall— pursue, where in the interest of the United States, renegotiation or renewal of agreements for cooperation pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) (commonly referred to, and referred to in this subsection, as “section 123 agreements”) that are scheduled to expire before the date that is 10 years after December 18, 2025 ; and pursue, in any renegotiated or new section 123 agreements, agreements that adhere to the highest standards of safety, security, and nonproliferation. Not later than 1 year after December 18, 2025 , the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes United States diplomatic engagement and negotiations for section 123 agreements. The report required by paragraph (1) 1 shall include— an updated list of all countries the Secretary of State with which is pursuing or has pursued section 123 agreements during the 1-year period ending on the date of submission of the report; and an analysis of current trends of global competition in the civil nuclear sphere with the Russian Federation and the People’s Republic of China up and down the supply chain, including— the participation of those countries in global nuclear fuel markets; and trends in the participation of the People’s Republic of China in those markets.

(n) Program to enhance global competitiveness The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as defined in section 1708(d) of title 50 ) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including— expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries; promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); and encouraging favorable decisions by potential partner countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States.

(o) Rosatom It shall be the policy of the United States— to work with allies and partners to identify alternative nuclear energy suppliers to Russia to end the reliance of those allies and partners on Rosatom; to promote United States nuclear energy exports and prioritize engagement in countries where Rosatom is present; to condemn the involvement of Rosatom in Russia’s war of aggression against Ukraine and the role of Rosatom in endangering nuclear safety at the Zaporizhzhia Nuclear Power Plant; to limit the exploitation of Rosatom by the Russian Federation as a tool of malign influence; to end United States reliance on the Russian nuclear energy sector; and to protect national security interests by United States civil nuclear partnerships and exports and to protect the national security interests of the United States. Not later than 180 days after December 18, 2025 , the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate committees of Congress a strategy— to promote United States nuclear energy exports and United States nuclear energy companies, especially in nations where Rosatom is present; to utilize the tools available to the United States government to discourage civil nuclear nations from partnering with Rosatom; to identify what is necessary to effect a permanent decoupling of the United States from the Russian nuclear industry; and to succeed Rosatom as the primary entity that can provide reactor safety and operation services to the existing Rosatom and Russian-designed and constructed nuclear reactor fleet. The strategy required to be submitted under paragraph (2) shall be submitted in unclassified form, but may contain a classified annex.

(p) Savings provisions Except as expressly stated in this section, nothing in this section alters or otherwise affects the interpretation or implementation of section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) or any other provision of law, including the requirement that agreements pursuant to that section be submitted to Congress for consideration. Nothing in this section affects the authorities of the Nuclear Regulatory Commission.

(q) Sunset This section and the amendments made by this section shall cease to have effect on the date that is 20 years after December 18, 2025 .

§ 16291 Fossil energy

(a) Establishment The Secretary shall carry out research, development, demonstration, and commercial application programs in fossil energy, including activities under this part, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption. The programs described in paragraph (1) shall take into consideration the following objectives: Increasing the energy conversion efficiency of all forms of fossil energy through improved technologies. Decreasing the cost of all fossil energy production, generation, and delivery. Promoting diversity of energy supply. Decreasing the dependence of the United States on foreign energy supplies. Improving United States energy security. Decreasing the environmental impact of energy-related activities, including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals within coal combustion residues and gas streams resulting from fossil fuel use and production. Increasing the export of fossil energy-related equipment, technology, including emissions control technologies, and services from the United States. Decreasing the cost of emissions control technologies for fossil energy production, generation, and delivery. Significantly lowering greenhouse gas emissions for all fossil fuel production, generation, delivery, and utilization technologies. Developing carbon removal and utilization technologies, products, and methods that result in net reductions in greenhouse gas emissions, including direct air capture and storage, and carbon use and reuse for commercial application. Improving the conversion, use, and storage of carbon oxides produced from fossil fuels. Reducing water use, improving water reuse, and minimizing surface and subsurface environmental impact in the development of unconventional domestic oil and natural gas resources. In carrying out the objectives described in subparagraphs (F) through (K) of paragraph (2), the Secretary shall prioritize activities and strategies that have the potential to significantly reduce emissions for each technology relevant to the applicable objective and the international commitments of the United States.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out fossil energy research, development, demonstration, and commercial application activities, including activities authorized under this part— $611,000,000forfiscalyear2007;$626,000,000 for fiscal year 2008; and $641,000,000 for fiscal year 2009.

(c) Allocations From amounts authorized under subsection (a), the following sums are authorized: For activities under section 16292 1 of this title— $367,000,000forfiscalyear2007;$376,000,000 for fiscal year 2008; and $394,000,000forfiscalyear2009.Foractivitiesundersection16294ofthistitle—$20,000,000 for fiscal year 2007; $25,000,000forfiscalyear2008;and$30,000,000 for fiscal year 2009. For activities under section 16296 of this title — $1,500,000forfiscalyear2007;and$450,000 for each of fiscal years 2008 and 2009. For the Office of Arctic Energy under section 7144d of this title $25,000,000 for each of fiscal years 2007 through 2009.

(d) Extended authorization There are authorized to be appropriated to the Secretary for the Office of Arctic Energy established under section 7144d of this title $25,000,000 for each of fiscal years 2010 through 2012.

(e) Limitations None of the funds authorized under this section may be used for Fossil Energy Environmental Restoration or Import/Export Authorization. Of the funds authorized under subsection (c)(2), not less than 20 percent of the funds appropriated for each fiscal year shall be dedicated to research and development carried out at institutions of higher education.

§ 16291a Property interests

That for all programs funded under Fossil Energy appropriations in this and subsequent Acts, the Secretary may vest fee title or other property interests acquired under projects in any entity, including the United States. ( Pub. L. 113–76, div. D, title III , Jan. 17, 2014 , 128 Stat. 165 .)

§ 16292 Carbon capture technology program

(a) Definitions In this section: The term “large-scale pilot project” means a pilot project that— represents the scale of technology development beyond laboratory development and bench scale testing, but not yet advanced to the point of being tested under real operational conditions at commercial scale; represents the scale of technology necessary to gain the operational data needed to understand the technical and performance risks of the technology before the application of that technology at commercial scale or in commercial-scale demonstration; and is large enough— to validate scaling factors; and to demonstrate the interaction between major components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot project application to commercial-scale demonstration or application. The term “natural gas” means any fuel consisting in whole or in part of— natural gas; liquid petroleum gas; synthetic gas derived from petroleum or natural gas liquids; any mixture of natural gas and synthetic gas; or biomethane. The term “natural gas electric generation facility” means a facility that generates electric energy using natural gas as the fuel. The term “natural gas electric generation facility” includes without limitation a new or existing— simple cycle plant; combined cycle plant; combined heat and power plant; or steam methane reformer that produces hydrogen from natural gas for use in the production of electric energy. The term “program” means the program established under subsection (b)(1). The term “transformational technology” means a technology that represents a significant change in the methods used to convert energy that will enable a step change in performance, efficiency, cost of electricity, and reduction of emissions as compared to the technology in existence on December 27, 2020 . The term “transformational technology” includes a broad range of potential technology improvements, including— thermodynamic improvements in energy conversion and heat transfer, including— advanced combustion systems, including oxygen combustion systems and chemical looping; and the replacement of steam cycles with supercritical carbon dioxide cycles; improvements in steam or carbon dioxide turbine technology; improvements in carbon capture, utilization, and storage systems technology; improvements in small-scale and modular coal-fired technologies with reduced carbon output or carbon capture that can support incremental power generation capacity additions; fuel cell technologies for low-cost, high-efficiency modular power systems; advanced gasification systems; thermal cycling technologies; and any other technology the Secretary recognizes as transformational technology.

(b) Carbon capture technology program The Secretary shall establish a carbon capture technology program for the development of transformational technologies that will significantly improve the efficiency, effectiveness, costs, emissions reductions, and environmental performance of coal and natural gas use, including in manufacturing and industrial facilities. The program shall include— a research and development program; large-scale pilot projects; demonstration projects, in accordance with paragraph (4); a front-end engineering and design program for carbon capture technologies; and a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies. In consultation with the interested entities described in paragraph (6)(C), the Secretary shall develop goals and objectives for the program to be applied to the transformational technologies developed within the program, taking into consideration the following: Increasing the performance of coal electric generation facilities and natural gas electric generation facilities, including by— ensuring reliable, low-cost power from new and existing coal electric generation facilities and natural gas electric generation facilities; achieving high conversion efficiencies; addressing emissions of carbon dioxide and other air pollutants; developing small-scale and modular technologies to support incremental capacity additions and load following generation, in addition to large-scale generation technologies; supporting dispatchable operations for new and existing applications of coal and natural gas generation; and accelerating the development of technologies that have transformational energy conversion characteristics. Using carbon capture, utilization, and sequestration technologies to decrease the carbon dioxide emissions, and the environmental impact from carbon dioxide emissions, from new and existing coal electric generation facilities and natural gas electric generation facilities, including by— accelerating the development, deployment, and commercialization of technologies to capture and sequester carbon dioxide emissions from new and existing coal electric generation facilities and natural gas electric generation facilities; supporting sites for safe geological storage of large volumes of anthropogenic sources of carbon dioxide and the development of the infrastructure needed to support a carbon dioxide utilization and storage industry; improving the conversion, utilization, and storage of carbon dioxide produced from fossil fuels and other anthropogenic sources of carbon dioxide; lowering greenhouse gas emissions for all fossil fuel production, generation, delivery, and use, to the maximum extent practicable; developing carbon utilization technologies, products, and methods, including carbon use and reuse for commercial application; developing net-negative carbon dioxide emissions technologies; and developing technologies for the capture of carbon dioxide produced during the production of hydrogen from natural gas. Decreasing the non-carbon dioxide relevant environmental impacts of coal and natural gas production, including by— further reducing non-carbon dioxide air emissions; and reducing the use, and managing the discharge, of water in power plant operations. Accelerating the development of technologies to significantly decrease emissions from manufacturing and industrial facilities, including— nontraditional fuel manufacturing facilities, including ethanol or other biofuel production plants or hydrogen production plants; and energy-intensive manufacturing facilities that produce carbon dioxide as a byproduct of operations. Entering into cooperative agreements to carry out and expedite demonstration projects (including pilot projects) to demonstrate the technical and commercial viability of technologies to reduce carbon dioxide emissions released from coal electric generation facilities and natural gas electric generation facilities for commercial deployment. Identifying any barriers to the commercial deployment of any technologies under development for the capture of carbon dioxide produced by coal electric generation facilities and natural gas electric generation facilities. In carrying out the program, the Secretary shall establish a demonstration program under which the Secretary, through a competitive, merit-reviewed process, shall enter into cooperative agreements by not later than September 30, 2025 , for demonstration projects to demonstrate the construction and operation of 6 facilities to capture carbon dioxide from coal electric generation facilities, natural gas electric generation facilities, and industrial facilities. The Secretary, to the maximum extent practicable, shall provide technical assistance to any eligible entity seeking to enter into a cooperative agreement described in subparagraph (A) for the purpose of obtaining any necessary permits and licenses to demonstrate qualifying technologies. The Secretary may enter into cooperative agreements under subparagraph (A) with industry stakeholders, including any industry stakeholder operating in partnership with the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities. In carrying out the program, the Secretary shall establish a carbon capture technology commercialization program to demonstrate substantial improvements in the efficiency, effectiveness, cost, and environmental performance of carbon capture technologies for power, industrial, and other commercial applications. The program established under clause (i) shall include funding for commercial-scale carbon capture technology demonstrations of projects supported by the Department, including projects in addition to the projects described in subparagraph (A), including funding for not more than 2 projects to demonstrate substantial improvements in a particular technology type beyond the first of a kind demonstration and to account for considerations described in subparagraph (G). Of the demonstration projects carried out under subparagraph (A)— 2 shall be designed to capture carbon dioxide from a natural gas electric generation facility; 2 shall be designed to capture carbon dioxide from a coal electric generation facility; and 2 shall be designed to capture carbon dioxide from an industrial facility not purposed for electric generation. Each demonstration project under the demonstration program under subparagraph (A)— shall be designed to further the development, deployment, and commercialization of technologies to capture and sequester carbon dioxide emissions from new and existing coal electric generation facilities, natural gas electric generation facilities, and industrial facilities; shall be financed in part by the private sector; and if necessary, shall secure agreements for the offtake of carbon dioxide emissions captured by qualifying technologies during the project. To be eligible to enter into an agreement with the Secretary for a demonstration project under subparagraphs (A) and (D), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. In reviewing applications submitted under clause (i), the Secretary, to the maximum extent practicable, shall— ensure a broad geographic distribution of project sites; ensure that a broad selection of electric generation facilities are represented; ensure that a broad selection of technologies are represented; and leverage existing public-private partnerships and Federal resources. Not later than 1 year after December 27, 2020 , the Comptroller General of the United States shall conduct, and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the results of, a study of the successes, failures, practices, and improvements of the Department in carrying out demonstration projects under this paragraph. In conducting the study under subclause (I), the Comptroller General of the United States shall consider— applicant and contractor qualifications; project management practices at the Department; economic or market changes and other factors impacting project viability; completion of third-party agreements, including power purchase agreements and carbon dioxide offtake agreements; regulatory challenges; and construction challenges. The Secretary shall— consider any relevant recommendations, as determined by the Secretary, provided in the report required under clause (i)(I); and adopt such recommendations as the Secretary considers appropriate. Not later than 180 days after the date on which the Secretary solicits applications under subparagraph (G), and annually thereafter, the Secretary shall submit to the appropriate committees of jurisdiction of the Senate and the House of Representatives a report that includes a detailed description of how the applications under the demonstration program established under subparagraph (A) were or will be solicited and how the applications were or will be evaluated, including— a list of any activities carried out by the Secretary to solicit or evaluate the applications; and a process for ensuring that any projects carried out under a cooperative agreement entered into under subparagraph (A) are designed to result in the development or demonstration of qualifying technologies. The Secretary shall include— in the first report required under clause (i), a detailed list of technical milestones for the development and demonstration of each qualifying technology pursued under the demonstration program established under subparagraph (A); in each subsequent report required under clause (i), a description of the progress made towards achieving the technical milestones described in subclause (I) during the applicable period covered by the report; and in each report required under clause (i)— an estimate of the cost of licensing, permitting, constructing, and operating each carbon capture facility expected to be constructed under the demonstration program established under subparagraph (A); a schedule for the planned construction and operation of each demonstration or pilot project under the demonstration program; and an estimate of any financial assistance, compensation, or incentives proposed to be paid by the host State, Indian Tribe, or local government with respect to each facility described in item (aa). The carbon capture, utilization, and sequestration activities described in paragraph (3)(B) shall be carried out by the Assistant Secretary for Fossil Energy, in coordination with the heads of other relevant offices of the Department and the National Laboratories. In carrying out the program, the Secretary shall— undertake international collaborations, taking into consideration the recommendations of the National Coal Council and the National Petroleum Council; use existing authorities to encourage international cooperation; and consult with interested entities, including— coal and natural gas producers; industries that use coal and natural gas; organizations that promote coal, advanced coal, and natural gas technologies; environmental organizations; organizations representing workers; and organizations representing consumers.

(c) Report Not later than 18 months after December 27, 2020 , the Secretary shall submit to Congress a report describing the program goals and objectives adopted under subsection (b)(3). Not less frequently than once every 2 years after the initial report is submitted under paragraph (1), the Secretary shall submit to Congress a report describing the progress made towards achieving the program goals and objectives adopted under subsection (b)(3).

(d) Funding There are authorized to be appropriated to the Secretary to carry out this section, to remain available until expended— for activities under the research and development program component described in subsection (b)(2)(A)— $230,000,000foreachoffiscalyears2021and2022;and$150,000,000 for each of fiscal years 2023 through 2025; subject to paragraph (2), for activities under the large-scale pilot projects program component described in subsection (b)(2)(B)— $225,000,000foreachoffiscalyears2021and2022;$200,000,000 for each of fiscal years 2023 and 2024; and $150,000,000forfiscalyear2025;foractivitiesunderthedemonstrationprojectsprogramcomponentdescribedinsubsection(b)(2)(C)—$500,000,000 for each of fiscal years 2021 though 2024; and $600,000,000forfiscalyear2025;foractivitiesunderthefront-endengineeringanddesignprogramdescribedinsubsection(b)(2)(D),$50,000,000 for each of fiscal years 2021 through 2024; and for activities under the front-end engineering and design program described in subsection (b)(2)(E), $100,000,000 for the period of fiscal years 2022 through 2026. Activities under subsection (b)(2)(B) shall be subject to the cost-sharing requirements of section 16352(b) of this title .

(e) Carbon capture test centers Not later than 2 years after December 27, 2020 , the Secretary shall award grants to 1 or more entities for the operation of 1 or more test centers (referred to in this subsection as a “Center”) to provide distinct testing capabilities for innovative carbon capture technologies. Each Center shall— advance research, development, demonstration, and commercial application of carbon capture technologies; support large-scale pilot projects and demonstration projects and test carbon capture technologies; and develop front-end engineering design and economic analysis. The Secretary shall select entities to receive grants under this subsection according to such criteria as the Secretary may develop. The Secretary shall select entities to receive grants under this subsection on a competitive basis. In selecting entities to receive grants under this subsection, the Secretary shall prioritize consideration of applicants that— have access to existing or planned research facilities for carbon capture technologies; are institutions of higher education with established expertise in engineering for carbon capture technologies, or partnerships with such institutions of higher education; or have access to existing research and test facilities for bulk materials design and testing, component design and testing, or professional engineering design. In selecting entities to receive grants under this subsection, the Secretary shall prioritize carbon capture test centers in existence on December 27, 2020 . The Secretary may develop a formula for awarding grants under this subsection. Each grant awarded under this subsection shall be for a term of not more than 5 years, subject to the availability of appropriations. The Secretary may renew a grant for 1 or more additional 5-year terms, subject to a competitive merit review and the availability of appropriations. To the extent otherwise authorized by law, the Secretary may eliminate, and terminate grant funding under this subsection for, a Center during any 5-year term described in paragraph (5) if the Secretary determines that the Center is underperforming. There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2021 through 2025.

§ 16293 Carbon storage validation and testing

(a) Definitions In this section: The term “large-scale carbon sequestration” means a scale that— demonstrates the ability to inject into geologic formations and sequester carbon dioxide; and has a goal of sequestering not less than 50 million metric tons of carbon dioxide. The term “program” means the program established under subsection (b)(1).

(b) Carbon storage program The Secretary shall establish a program of research, development, demonstration, and commercialization for carbon storage. Activities under the program shall include— in coordination with relevant Federal agencies, developing and maintaining mapping tools and resources that assess the capacity of geologic storage formation in the United States; developing monitoring tools, modeling of geologic formations, and analyses— to predict carbon dioxide containment; and to account for sequestered carbon dioxide in geologic storage sites; researching— potential environmental, safety, and health impacts in the event of a leak into the atmosphere or to an aquifer; and any corresponding mitigation actions or responses to limit harmful consequences of such a leak; evaluating the interactions of carbon dioxide with formation solids and fluids, including the propensity of injections to induce seismic activity; assessing and ensuring the safety of operations relating to geologic sequestration of carbon dioxide; determining the fate of carbon dioxide concurrent with and following injection into geologic formations; supporting cost and business model assessments to examine the economic viability of technologies and systems developed under the program; providing information to the Environmental Protection Agency, States, local governments, Tribal governments, and other appropriate entities, to ensure the protection of human health and the environment; and evaluating the quantity, location, and timing of geologic carbon storage deployment that may be needed, and developing strategies and resources to enable the deployment. In carrying out research activities under this subsection, the Secretary shall consider a variety of candidate onshore and offshore geologic settings, including— operating oil and gas fields; depleted oil and gas fields; residual oil zones; unconventional reservoirs and rock types; unmineable coal seams; saline formations in both sedimentary and basaltic geologies; geologic systems that may be used as engineered reservoirs to extract economical quantities of brine from geothermal resources of low permeability or porosity; and geologic systems containing in situ carbon dioxide mineralization formations.

(c) Large-scale carbon sequestration demonstration program The Secretary shall establish a demonstration program under which the Secretary shall provide funding for demonstration projects to collect and validate information on the cost and feasibility of commercial deployment of large-scale carbon sequestration technologies. In carrying out paragraph (1), the Secretary may provide additional funding to regional carbon sequestration partnerships that are carrying out or have completed a large-scale carbon sequestration demonstration project under this section (as in effect on the day before December 27, 2020 ) for additional work on that project. Each demonstration project carried out under this subsection shall include longitudinal tests involving carbon dioxide injection and monitoring, mitigation, and verification operations. The National Energy Technology Laboratory shall act as a clearinghouse of shared information and resources for— existing or completed demonstration projects receiving additional funding under paragraph (2); and any new demonstration projects funded under this subsection. Not later than 1 year after December 27, 2020 , the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that— assesses the progress of all regional carbon sequestration partnerships carrying out a demonstration project under this subsection; identifies the remaining challenges in achieving large-scale carbon sequestration that is reliable and safe for the environment and public health; and creates a roadmap for carbon storage research and development activities of the Department through 2025, with the goal of reducing economic and policy barriers to commercial carbon sequestration.

(d) Integrated storage The Secretary may transition large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes. The goals and objectives of the Secretary in seeking to transition large-scale carbon sequestration demonstration projects into integrated commercial storage complexes under paragraph (1) shall be— to identify geologic storage sites that are able to accept large volumes of carbon dioxide acceptable for commercial contracts; to understand the technical and commercial viability of carbon dioxide geologic storage sites; and to carry out any other activities necessary to transition the large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.

(e) Large-scale carbon storage commercialization program The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development. To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. The Secretary shall establish an application process that, to the maximum extent practicable— is open to projects at any stage of development described in paragraph (1); and facilitates expeditious development of projects described in that paragraph. In selecting projects for funding under paragraph (1), the Secretary shall give priority to— projects with substantial carbon dioxide storage capacity; or projects that will store carbon dioxide from multiple carbon capture facilities.

(f) Preference in project selection from meritorious proposals In making competitive awards under this section, subject to the requirements of section 16353 of this title , the Secretary shall— with respect to the research, development, demonstration program components described in subsections (b) through (d) give preference to proposals from partnerships among industrial, academic, and government entities; and require recipients to provide assurances that all laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new or existing facilities performed in order to carry out a demonstration or commercial application activity authorized under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, and the Secretary of Labor shall, with respect to the labor standards in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40 .

(g) Cost sharing Activities carried out under this section shall be subject to the cost-sharing requirements of section 16352 of this title .

(h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for the period of fiscal years 2022 through 2026.

§ 16294 Research and development for coal mining technologies

(a) Establishment The Secretary shall carry out a program for research and development on coal mining technologies.

(b) Cooperation In carrying out the program, the Secretary shall cooperate with appropriate Federal agencies, coal producers, trade associations, equipment manufacturers, institutions of higher education with mining engineering departments, and other relevant entities.

(c) Program The research and development activities carried out under this section shall— be guided by the mining research and development priorities identified by the Mining Industry of the Future Program and in the recommendations from relevant reports of the National Academy of Sciences on mining technologies; include activities exploring minimization of contaminants in mined coal that contribute to environmental concerns including development and demonstration of electromagnetic wave imaging ahead of mining operations; develop and demonstrate coal bed electromagnetic wave imaging, spectroscopic reservoir analysis technology, and techniques for horizontal drilling in order to— identify areas of high coal gas content; increase methane recovery efficiency; prevent spoilage of domestic coal reserves; and minimize water disposal associated with methane extraction; and expand mining research capabilities at institutions of higher education.

§ 16295 Oil and gas research programs

(a) In general The Secretary shall conduct a program of research, development, demonstration, and commercial application of oil and gas, including— exploration and production; gas hydrates; reservoir life and extension; transportation and distribution infrastructure; ultraclean fuels; heavy oil, oil shale, and tar sands; and related environmental research.

(b) Objectives The objectives of this program shall include advancing the science and technology available to domestic petroleum producers, particularly independent operators, to minimize the economic dislocation caused by the decline of domestic supplies of oil and natural gas resources.

(c) Natural gas and oil deposits report Not later than 2 years after August 8, 2005 , and every 2 years thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall submit to Congress a report on the latest estimates of natural gas and oil reserves, reserves growth, and undiscovered resources in Federal and State waters off the coast of Louisiana, Texas, Alabama, and Mississippi.

(d) Integrated clean power and energy research The Secretary shall establish a national center or consortium of excellence in clean energy and power generation, using the resources of the Clean Power and Energy Research Consortium in existence on August 8, 2005 , to address the critical dependence of the United States on energy and the need to reduce emissions. The center or consortium shall conduct a program of research, development, demonstration, and commercial application on integrating the following 6 focus areas: Efficiency and reliability of gas turbines for power generation. Reduction in emissions from power generation. Promotion of energy conservation issues. Effectively using alternative fuels and renewable energy. Development of advanced materials technology for oil and gas exploration and use in harsh environments. Education on energy and power generation issues.

§ 16296 Low-volume oil and gas reservoir research program

(a) Definition of GIS In this section, the term “GIS” means geographic information systems technology that facilitates the organization and management of data with a geographic component.

(b) Program The Secretary shall establish a program of research, development, demonstration, and commercial application to maximize the productive capacity of marginal wells and reservoirs.

(c) Data collection Under the program, the Secretary shall collect data on— the status and location of marginal wells and oil and gas reservoirs; the production capacity of marginal wells and oil and gas reservoirs; the location of low-pressure gathering facilities and pipelines; and the quantity of natural gas vented or flared in association with crude oil production.

(d) Analysis Under the program, the Secretary shall— estimate the remaining producible reserves based on variable pipeline pressures; and recommend measures that will enable the continued production of those resources.

(e) Study The Secretary may award a grant to an organization of States that contain significant numbers of marginal oil and natural gas wells to conduct an annual study of low-volume natural gas reservoirs. If an organization receiving a grant under paragraph (1) does not have GIS capabilities, the organization shall contract with an institution of higher education with GIS capabilities. The organization receiving a grant under paragraph (1) shall collaborate with the State geologist of each State being studied.

(f) Public information The Secretary may use the data collected and analyzed under this section to produce maps and literature to disseminate to States to promote conservation of natural gas reserves.

§ 16297 Complex Well Technology Testing Facility

The Secretary, in coordination with industry leaders in extended research drilling technology, shall establish a Complex Well Technology Testing Facility at the Rocky Mountain Oilfield Testing Center to increase the range of extended drilling technologies. ( Pub. L. 109–58, title IX, § 967 , Aug. 8, 2005 , 119 Stat. 894 .)

§ 16298 Carbon utilization program

(a) In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a program of research, development, demonstration, and commercialization relating to carbon utilization.

(b) Activities Under the program described in subsection (a), the Secretary shall— assess and monitor— potential changes in lifecycle carbon dioxide and other greenhouse gas emissions; and other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section 16293 of this title ; identify and evaluate novel uses for carbon (including conversion of carbon oxides) that, on a full lifecycle basis, achieve a permanent reduction, or avoidance of a net increase, in carbon dioxide in the atmosphere, for use in commercial and industrial products such as— chemicals; plastics; building materials; fuels; cement; products of coal utilization in power systems or in other applications; and other products with demonstrated market value; identify and assess carbon capture technologies for industrial systems; and identify and assess alternative uses for coal that result in zero net emissions of carbon dioxide or other pollutants, including products derived from carbon engineering, carbon fiber, and coal conversion methods.

(c) Prioritization In supporting demonstration and commercialization research under the program described in subsection (a), the Secretary shall prioritize consideration of projects that— have access to a carbon dioxide emissions stream generated by a stationary source in the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research; have access to equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and have 1 or more existing partnerships with a National Laboratory, an institution of higher education, a private company, or a State or other government entity.

(d) Coordination The Secretary shall coordinate the activities authorized under this section with the activities authorized in section 16298a of this title as part of a single consolidated program of the Department.

(e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000, to remain available until expended.

§ 16298a Carbon utilization program

(a) In general The Secretary shall establish a program of research, development, and demonstration for carbon utilization— to assess and monitor— potential changes in lifecycle carbon dioxide and other greenhouse gas emissions; and other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section 16293 of this title ; to identify and assess novel uses for carbon, including the conversion of carbon and carbon oxides for commercial and industrial products and other products with potential market value; to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2); to identify and assess carbon capture technologies for industrial systems; and to identify and assess alternative uses for raw coal and processed coal products in all phases that result in no significant emissions of carbon dioxide or other pollutants, including products derived from carbon engineering, carbon fiber, and coal conversion methods.

(b) Demonstration programs for the purpose of commercialization Not later than 180 days after December 27, 2020 , as part of the program established under subsection (a), the Secretary shall establish a 2-year demonstration program in each of the 2 major coal-producing regions of the United States for the purpose of partnering with private institutions in coal mining regions to accelerate the commercial deployment of coal-carbon products. Not later than 1 year after November 15, 2021 , the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D). To be eligible to receive a grant under this paragraph, an entity shall be— a State; a unit of local government; or a public utility or agency. Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that— use or are derived from anthropogenic carbon oxides; and demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products. Activities under this subsection shall be subject to the cost-sharing requirements of section 16352 of this title .

(c) Carbon Utilization Research Center In carrying out the program under subsection (a), the Secretary shall establish and operate a national Carbon Utilization Research Center (referred to in this subsection as the “Center”), which shall focus on early stage research and development activities including— post-combustion and pre-combustion capture of carbon dioxide; advanced compression technologies for new and existing fossil fuel-fired power plants; technologies to convert carbon dioxide to valuable products and commodities; and advanced carbon dioxide storage technologies that consider a range of storage regimes. The Secretary shall— select the Center under this subsection on a competitive, merit-reviewed basis; and consider applications from the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities. In selecting the Center under this subsection, the Secretary shall prioritize carbon utilization research centers in existence on December 27, 2020 . The Center established under this subsection shall receive support for a period of not more than 5 years, subject to the availability of appropriations. On the expiration of any period of support of the Center, the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years. Consistent with the existing authorities of the Department, the Secretary may terminate the Center for cause during the performance period.

(d) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section— $41,000,000forfiscalyear2022;$65,250,000 for fiscal year 2023; $66,562,500forfiscalyear2024;$67,940,625 for fiscal year 2025; and $69,387,656 for fiscal year 2026.

(e) Coordination The Secretary shall coordinate the activities authorized in this section with the activities authorized in section 16298 of this title as part of one consolidated program at the Department. Nothing in section 16298 of this title shall be construed as limiting the authorities provided in this section.

§ 16298b High efficiency turbines

(a) In general The Secretary, acting through the Assistant Secretary for Fossil Energy (referred to in this section as the “Secretary”), shall establish a multiyear, multiphase program (referred to in this section as the “program”) of research, development, and technology demonstration to improve the efficiency of gas turbines used in power generation systems and aviation.

(b) Program elements The program shall— support first-of-a-kind engineering and detailed gas turbine design for small-scale and utility-scale electric power generation, including— high temperature materials, including superalloys, coatings, and ceramics; improved heat transfer capability; manufacturing technology required to construct complex 3-dimensional geometry parts with improved aerodynamic capability; combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output; advanced controls and systems integration; advanced high performance compressor technology; and validation facilities for the testing of components and subsystems; include technology demonstration through component testing, subscale testing, and full-scale testing in existing fleets; include field demonstrations of the developed technology elements to demonstrate technical and economic feasibility; assess overall combined cycle and simple cycle system performance; increase fuel flexibility by enabling gas turbines to operate with high proportions of, or pure, hydrogen or other renewable gas fuels; enhance foundational knowledge needed for low-emission combustion systems that can work in high-pressure, high-temperature environments required for high-efficiency cycles; increase operational flexibility by reducing turbine start-up times and improving the ability to accommodate flexible power demand; and include any other elements necessary to achieve the goals described in subsection (c), as determined by the Secretary, in consultation with private industry.

(c) Program goals The goals of the program shall be— in phase I, to develop a conceptual design of, and to develop and demonstrate the technology required for— advanced high efficiency gas turbines to achieve, on a lower heating value basis— a combined cycle efficiency of not less than 65 percent; or a simple cycle efficiency of not less than 47 percent; and aviation gas turbines to achieve a 25 percent reduction in fuel burn by improving fuel efficiency to existing best-in-class turbo-fan engines; and in phase II, to develop a conceptual design of advanced high efficiency gas turbines that can achieve, on a lower heating value basis— a combined cycle efficiency of not less than 67 percent; or a simple cycle efficiency of not less than 50 percent. If a goal described in paragraph (1) has been achieved, the Secretary, in consultation with private industry and the National Academy of Sciences, may develop additional goals or phases for advanced gas turbine research and development.

(d) Financial assistance The Secretary may provide financial assistance, including grants, to carry out the program. Not later than 180 days after December 27, 2020 , the Secretary shall solicit proposals from industry, small businesses, universities, and other appropriate parties for conducting activities under this section. In selecting proposed projects to receive financial assistance under this subsection, the Secretary shall give special consideration to the extent to which the proposed project will— stimulate the creation or increased retention of jobs in the United States; and promote and enhance technology leadership in the United States. The Secretary shall provide financial assistance under this subsection on a competitive basis, with an emphasis on technical merit. Financial assistance provided under this subsection shall be subject to the cost sharing requirements of section 16352 of this title .

(e) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.

§ 16298c National Energy Technology Laboratory reforms

(a) Special hiring authority for scientific, engineering, and project management personnel The Director of the National Energy Technology Laboratory (referred to in this section as the “Director”) may— make appointments to positions in the National Energy Technology Laboratory to assist in meeting a specific project or research need, without regard to civil service laws, of individuals who— have an advanced scientific or engineering background; or have a business background and can assist in specific technology-to-market needs; fix the basic pay of any employee appointed under subparagraph (A) at a rate not to exceed level II of the Executive Schedule under section 5313 of title 5 ; and pay any employee appointed under subparagraph (A) payments in addition to the basic pay fixed under subparagraph (B), subject to the condition that the total amount of additional payments paid to an employee under this subparagraph for any 12-month period shall not exceed the least of— $25,000; the amount equal to 25 percent of the annual rate of basic pay of that employee; and the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5 . The term of any employee appointed under paragraph (1)(A) shall not exceed 3 years. Not more than 10 full-time employees appointed under paragraph (1)(A) may be employed at the National Energy Technology Laboratory at any given time.

(b) Laboratory-directed research and development Beginning in fiscal year 2021, the National Energy Technology Laboratory shall be eligible for laboratory-directed research and development funding. Each fiscal year, of funds made available to the National Energy Technology Laboratory, the Secretary may deposit an amount, not to exceed the rate made available to the National Laboratories for laboratory-directed research and development, in a special fund account. Amounts in the account under subparagraph (A) shall only be available for laboratory-directed research and development. The account under subparagraph (A)— shall be administered by the Secretary; shall be available without fiscal year limitation; and shall not be subject to appropriation. The Director shall carry out laboratory-directed research and development activities at the National Energy Technology Laboratory consistent with Department of Energy Order 413.2C, dated August 2, 2018 (or a successor order). Annually, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the use of the authority provided under this subsection during the preceding fiscal year.

(c) Laboratory operations The Secretary shall delegate human resources operations of the National Energy Technology Laboratory to the Director to assist in carrying out this section.

(d) Review Not later than 2 years after December 27, 2020 , the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report assessing the management and research activities of the National Energy Technology Laboratory, which shall include— an assessment of the quality of science and research at the National Energy Technology Laboratory, relative to similar work at other National Laboratories; a review of the effectiveness of authorities provided in subsections (a) and (b); and recommendations for policy changes within the Department and legislative changes to provide the National Energy Technology Laboratory with the necessary tools and resources to advance the research mission of the National Energy Technology Laboratory.

§ 16298d Carbon removal

(a) Establishment The Secretary, in coordination with the heads of appropriate Federal agencies, including the Secretary of Agriculture, shall establish a research, development, and demonstration program (referred to in this section as the “program”) to test, validate, or improve technologies and strategies to remove carbon dioxide from the atmosphere on a large scale.

(b) Intraagency coordination The Secretary shall ensure that the program includes the coordinated participation of the Office of Fossil Energy, the Office of Science, and the Office of Energy Efficiency and Renewable Energy.

(c) Program activities The program may include research, development, and demonstration activities relating to— direct air capture and storage technologies; bioenergy with carbon capture and sequestration; enhanced geological weathering; agricultural practices; forest management and afforestation; and planned or managed carbon sinks, including natural and artificial.

(d) Requirements In developing and identifying carbon removal technologies and strategies under the program, the Secretary shall consider— land use changes, including impacts on natural and managed ecosystems; ocean acidification; net greenhouse gas emissions; commercial viability; potential for near-term impact; potential for carbon reductions on a gigaton scale; and economic cobenefits.

(e) Air capture prize competitions In this subsection: The term “dilute media” means media in which the concentration of carbon dioxide is less than 1 percent by volume. The term “prize competition” means the competitive technology prize competition established under paragraph (2). The term “qualified carbon dioxide” means any carbon dioxide that— is captured directly from the ambient air; and is measured at the source of capture and verified at the point of disposal, injection, or utilization. The term “qualified carbon dioxide” includes the initial deposit of captured carbon dioxide used as a tertiary injectant. The term “qualified carbon dioxide” does not include carbon dioxide that is recaptured, recycled, and reinjected as part of the enhanced oil and natural gas recovery process. The term “qualified direct air capture facility” means any facility that— uses carbon capture equipment to capture carbon dioxide directly from the ambient air; and captures more than 50,000 metric tons of qualified carbon dioxide annually. The term “qualified direct air capture facility” does not include any facility that captures carbon dioxide— that is deliberately released from naturally occurring subsurface springs; or using natural photosynthesis. Not later than 2 years after December 27, 2020 , the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish as part of the program a competitive technology prize competition to award prizes for— precommercial carbon dioxide capture from dilute media; and commercial applications of direct air capture technologies. In carrying out this subsection, the Secretary, in accordance with section 3719 of title 15 , shall develop requirements for— the prize competition process; and monitoring and verification procedures for projects selected to receive a prize under the prize competition. With respect to projects described in paragraph (2)(A), to be eligible to be awarded a prize under the prize competition, a project shall— meet minimum performance standards set by the Secretary; meet minimum levels set by the Secretary for the capture of carbon dioxide from dilute media; and demonstrate in the application of the project for a prize— a design for a promising carbon capture technology that will— be operated on a demonstration scale; and have the potential to achieve significant reduction in the level of carbon dioxide in the atmosphere; a successful bench-scale demonstration of a carbon capture technology; or an operational carbon capture technology on a commercial scale. With respect to projects described in paragraph (2)(B), the Secretary shall award prizes under the prize competition to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal, injection, or utilization. The amount of the award per metric ton under clause (i)— shall be equal for each qualified direct air capture facility selected for a prize under the prize competition; and shall be determined by the Secretary and in any case shall not exceed— $180 for qualified carbon dioxide captured and stored in saline storage formations; a lesser amount, as determined by the Secretary, for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations; or a lesser amount, as determined by the Secretary, for qualified carbon dioxide captured and utilized in any activity consistent with section 45Q(f)(5) of title 26 . The Secretary shall make awards under this subparagraph until appropriated funds are expended.

(f) Direct air capture test center Not later than 2 years after December 27, 2020 , the Secretary shall award grants to 1 or more entities for the operation of 1 or more test centers (referred to in this subsection as a “Center”) to provide distinct testing capabilities for innovative direct air capture and storage technologies. Each Center shall— advance research, development, demonstration, and commercial application of direct air capture and storage technologies; support large-scale pilot and demonstration projects and test direct air capture and storage technologies; and develop front-end engineering design and economic analysis. The Secretary shall select entities to receive grants under this subsection according to such criteria as the Secretary may develop. The Secretary shall select entities to receive grants under this subsection on a competitive basis. In selecting entities to receive grants under this subsection, the Secretary shall prioritize consideration of applicants that— have access to existing or planned research facilities for direct air capture and storage technologies; are institutions of higher education with established expertise in engineering for direct air capture and storage technologies, or partnerships with such institutions of higher education; or have access to existing research and test facilities for bulk materials design and testing, component design and testing, or professional engineering design. The Secretary may develop a formula for awarding grants under this subsection. Each grant awarded under this subsection shall be for a term of not more than 5 years, subject to the availability of appropriations. The Secretary may renew a grant for 1 or more additional 5-year terms, subject to a competitive merit review and the availability of appropriations. To the extent otherwise authorized by law, the Secretary may eliminate, and terminate grant funding under this subsection for, a Center during any 5-year term described in paragraph (5) if the Secretary determines that the Center is underperforming.

(g) Pilot and demonstration projects In supporting the technology development activities under this section, the Secretary is encouraged to support carbon removal pilot and demonstration projects, including— pilot projects that test direct air capture systems capable of capturing 10 to 100 tonnes of carbon oxides per year to provide data for demonstration-scale projects; and direct air capture demonstration projects capable of capturing greater than 1,000 tonnes of carbon oxides per year.

(h) Intraagency collaboration In carrying out the program, the Secretary shall encourage and promote collaborations among relevant offices and agencies within the Department.

(i) Accounting The Secretary shall collaborate with the Administrator of the Environmental Protection Agency and the heads of other relevant Federal agencies to develop and improve accounting frameworks and tools to accurately measure carbon removal and sequestration methods and technologies.

(j) Regional direct air capture hubs In this subsection: The term “eligible project” means a direct air capture project or a component project of a regional direct air capture hub. The term “regional direct air capture hub” means a network of direct air capture projects, potential carbon dioxide utilization off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region. The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 regional direct air capture hubs described in subparagraph (B). Each of the 4 regional direct air capture hubs developed under the program under subparagraph (A) shall be a regional direct air capture hub that— facilitates the deployment of direct air capture projects; has the capacity to capture and sequester, utilize, or sequester and utilize at least 1,000,000 metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units; demonstrates the capture, processing, delivery, and sequestration or end-use of captured carbon; and could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization. Not later than 180 days after November 15, 2021 , the Secretary shall solicit applications for funding for eligible projects. The Secretary shall solicit applications for funding for eligible projects on a recurring basis after the first round of applications is received under clause (i) until all amounts appropriated to carry out this subsection are expended. Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A). The Secretary shall select eligible projects under subparagraph (B) using the following criteria: To the maximum extent practicable, each eligible project shall be located in a region with— existing carbon-intensive fuel production or industrial capacity; or carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years. To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States. To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization. To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources. The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere. The Secretary shall give priority to eligible projects that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region. The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this subsection. To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 16292(b)(1) of this title , the carbon storage validation and testing program established under section 16293(b)(1) of this title , and the CIFIA program established under section 16372(a) of this title such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks. The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere. There is authorized to be appropriated to the Secretary to carry out this subsection $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.

(k) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section— $175,000,000forfiscalyear2021,ofwhich—$15,000,000 shall be used to carry out subsection (e)(2)(A), to remain available until expended; and $100,000,000shallbeusedtocarryoutsubsection(e)(2)(B),toremainavailableuntilexpended;$63,500,000 for fiscal year 2022; $66,150,000forfiscalyear2023;$69,458,000 for fiscal year 2024; and $72,930,000 for fiscal year 2025.

§ 16298e Carbon dioxide removal task force and report

(a) Definition of carbon dioxide removal In this section, the term “carbon dioxide removal” means the capture of carbon dioxide directly from ambient air or, in dissolved form, from seawater, combined with the sequestration of that carbon dioxide, including through— direct air capture and sequestration; enhanced carbon mineralization; bioenergy with carbon capture and sequestration; forest restoration; soil carbon management; and direct ocean capture.

(b) Report Not later than 180 days after December 27, 2020 , the Secretary of Energy (in this section referred to as the “Secretary”), in consultation with the heads of any other relevant Federal agencies, shall prepare a report that— estimates the magnitude of excess carbon dioxide in the atmosphere that will need to be removed by 2050 to achieve net-zero emissions and stabilize the climate; inventories current and emerging approaches of carbon dioxide removal and evaluates the advantages and disadvantages of each of the approaches; and identifies recommendations for legislation, funding, rules, revisions to rules, financing mechanisms, or other policy tools that the Federal Government can use to sufficiently advance the deployment of carbon dioxide removal projects in order to meet, in the aggregate, the magnitude of needed removals estimated under paragraph (1), including policy tools, such as— grants; loans or loan guarantees; public-private partnerships; direct procurement; incentives, including subsidized Federal financing mechanisms available to project developers; advance market commitments; regulations; and any other policy mechanism determined by the Secretary to be beneficial for advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects.

(c) Submission; publication The Secretary shall— submit the report prepared under subsection (b) to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives; and as soon as practicable after completion of the report, make the report publicly available.

(d) Evaluation; revision Not later than 2 years after the date on which the Secretary publishes the report under subsection (c)(2), and every 2 years thereafter, the Secretary shall evaluate the findings and recommendations of the report, or the most recent updated report submitted under paragraph (2)(B), as applicable, taking into consideration any issues and recommendations identified by the task force established under subsection (e)(1). After completing each evaluation under paragraph (1), the Secretary shall— revise the report as necessary; and if the Secretary revises the report under subparagraph (A), submit and publish the updated report in accordance with subsection (c).

(e) Task force Not later than 60 days after December 27, 2020 , the Secretary shall establish a task force— to identify barriers to advancement of carbon dioxide removal methods and the deployment of carbon dioxide removal projects; to inventory existing or potential Federal legislation, rules, revisions to rules, financing mechanisms, or other policy tools that are capable of advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects; to assist in preparing the report described in subsection (b) and any updates to the report under subsection (d); and to advise the Secretary on matters pertaining to carbon dioxide removal. The Secretary shall— develop criteria for the selection of members to the task force established under paragraph (1); and select members for the task force in accordance with the criteria developed under subparagraph (A). The task force shall meet not less frequently than once each year. Not later than 7 years after December 27, 2020 , the Secretary shall— reevaluate the need for the task force established under paragraph (1); and submit to Congress a recommendation as to whether the task force should continue.

§ 16311 Science

(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 part. The programs shall include support for facilities and infrastructure, education, outreach, information, analysis, and coordination activities.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out research, development, demonstration, and commercial application activities of the Office of Science, including activities authorized under this part (including the amounts authorized under the amendment made by section 976(b) 1 and including basic energy sciences, advanced scientific and computing research, biological and environmental research, fusion energy sciences, high energy physics, nuclear physics, research analysis, and infrastructure support)— $4,153,000,000forfiscalyear2007;$4,586,000,000 for fiscal year 2008; $5,200,000,000forfiscalyear2009;$5,814,000,000 for fiscal year 2010; $5,247,000,000forfiscalyear2011;$5,614,000,000 for fiscal year 2012; and $6,007,000,000 for fiscal year 2013.

(c) Allocations From amounts authorized under subsection (b), the following sums are authorized: For activities under the Fusion Energy Sciences program (including activities under section 16312 of this title )— $355,500,000forfiscalyear2007;$369,500,000 for fiscal year 2008; $384,800,000forfiscalyear2009;andinadditiontotheamountsauthorizedundersubparagraphs(A),(B),and(C),suchsumsasmaybenecessaryforITERconstruction,consistentwiththelimitationsofsection16312(c)(5)ofthistitle.Foractivitiesunderthecatalysisresearchprogramundersection16313ofthistitle—$36,500,000 for fiscal year 2007; $38,200,000forfiscalyear2008;andsuchsumsasmaybenecessaryforfiscalyear2009.ForactivitiesundertheSystemsBiologyProgramundersection16317ofthistitlesuchsumsasmaybenecessaryforeachoffiscalyears2007through2009.ForactivitiesundertheEnergyandWaterSuppliesprogramundersection16319ofthistitle,$30,000,000 for each of fiscal years 2007 through 2009. For the energy research fellowships programs under section 16324 of this title , $40,000,000foreachoffiscalyears2007through2009.Fortheadvancedscientificcomputingactivitiesundersection976—1$270,000,000 for fiscal year 2007; $350,000,000forfiscalyear2008;and$375,000,000 for fiscal year 2009. For the science and engineering education pilot program under section 16323 of this title — $4,000,000foreachoffiscalyears2007and2008;and$8,000,000 for fiscal year 2009.

(d) 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, $49,000,000foreachofthefiscalyears2005through2009.ActivitiesfundedunderthissubsectionshallbecoordinatedwithongoingrelatedprogramsofotherFederalagencies,includingthePlantGenomeProgramoftheNationalScienceFoundation.Ofthefundsauthorizedunderthissubsection,atleast$5,000,000 for each fiscal year shall be for training and education targeted to minority and socially disadvantaged farmers and ranchers.

§ 16312 Fusion energy sciences program

(a) Declaration of policy It shall be the policy of the United States to conduct research, development, demonstration, and commercial applications to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other countries in providing fusion energy for its own needs and the needs of other countries, including by demonstrating electric power or hydrogen production for the United States energy grid using fusion energy at the earliest date.

(b) Planning Not later than 180 days after August 8, 2005 , the Secretary shall submit 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) in a manner that ensures that— existing fusion research facilities are more fully used; fusion science, technology, theory, advanced computation, modeling, and simulation are strengthened; new magnetic and inertial fusion research and development facilities are selected based on scientific innovation and cost effectiveness, and the potential of the facilities to advance the goal of practical fusion energy at the earliest date practicable; facilities that are selected are funded at a cost-effective rate; communication of scientific results and methods between the fusion energy science community and the broader scientific and technology communities is improved; inertial confinement fusion facilities are used to the extent practicable for the purpose of inertial fusion energy research and development; attractive alternative inertial and magnetic fusion energy approaches are more fully explored; and to the extent practicable, the recommendations of the Fusion Energy Sciences Advisory Committee in the report on workforce planning, dated March 2004, are carried out, including periodic reassessment of program needs. The plan shall also address the status of and, to the extent practicable, costs and schedules for— the design and implementation of international or national facilities for the testing of fusion materials; and the design and implementation of international or national facilities for the testing and development of key fusion technologies.

(c) United States participation in ITER There is authorized United States participation in the construction and operations of the ITER project, as agreed to under the April 25, 2007 “Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project”. The Director shall coordinate and carry out the responsibilities of the United States with respect to this Agreement. Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report providing an assessment of the most recent schedule for ITER that has been approved by the ITER Council. Out of funds authorized to be appropriated under section 18645( o ) of this title, there shall be made available to the Secretary to carry out the construction of ITER— $374,000,000forfiscalyear2021;$379,700,000 for fiscal year 2023; $419,250,000forfiscalyear2024;$415,000,000 for fiscal year 2025; $370,500,000forfiscalyear2026;and$411,078,000 for fiscal year 2027.

§ 16313 Solar Fuels Research Initiative

(a) Initiative The Secretary shall carry out a research initiative, to be known as the “Solar Fuels Research Initiative” (referred to in this section as the “Initiative”) to expand theoretical and fundamental knowledge of photochemistry, electrochemistry, biochemistry, and materials science useful for the practical development of experimental systems to convert solar energy to chemical energy. In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from— the Basic Energy Sciences Program and the Biological and Environmental Research Program of the Office of Science; and the Office of Energy Efficiency and Renewable Energy. In carrying out the Initiative, the Secretary shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector. The multidisciplinary teams described in subparagraph (A) shall pursue aggressive, milestone-driven, basic research goals. The Secretary shall provide sufficient resources to the multidisciplinary teams described in subparagraph (A) to achieve the goals described in subparagraph (B) over a period of time to be determined by the Secretary. The Secretary may organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures.

(b) Artificial photosynthesis The Secretary shall carry out under the Initiative a program to support research needed to bridge scientific barriers to, and discover knowledge relevant to, artificial photosynthetic systems. As part of the program described in paragraph (1)— the Director of the Office of Basic Energy Sciences shall support basic research to pursue distinct lines of scientific inquiry, including— photoinduced production of hydrogen and oxygen from water; and the sustainable photoinduced reduction of carbon dioxide to fuel products including hydrocarbons, alcohols, carbon monoxide, and natural gas; and the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program. The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones. Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.

(c) Biochemistry, replication of natural photosynthesis, and related processes The Secretary shall carry out under the Initiative a program to support research needed to replicate natural photosynthetic processes by use of artificial photosynthetic components and materials. As part of the program described in paragraph (1)— the Director of the Office of Basic Energy Sciences shall support basic research to expand fundamental knowledge to replicate natural synthesis processes, including— the photoinduced reduction of dinitrogen to ammonia; the absorption of carbon dioxide from ambient air; molecular-based charge separation and storage; photoinitiated electron transfer; and catalysis in biological or biomimetic systems; the Associate Director of Biological and Environmental Research shall support systems biology and genomics approaches to understand genetic and physiological pathways connected to photosynthetic mechanisms; and the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program. The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones. Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.

§ 16314 Hydrogen

(a) In general The Secretary shall conduct a program of fundamental research and development in support of programs authorized under subchapter VIII.

(b) Methods The program shall include support for methods of generating hydrogen without the use of natural gas.

§ 16315 Electricity Storage Research Initiative

(a) Initiative The Secretary shall carry out a research initiative, to be known as the “Electricity Storage Research Initiative” (referred to in this section as the “Initiative”)— to expand theoretical and fundamental knowledge to control, store, and convert— electrical energy to chemical energy; and chemical energy to electrical energy; to support scientific inquiry into the practical understanding of chemical and physical processes that occur within systems involving crystalline and amorphous solids, polymers, and organic and aqueous liquids; and to ensure the competitiveness of the United States in energy storage by fostering an ecosystem linking fundamental research and development to deployment of storage solutions while minimizing the environmental impacts of energy storage technologies. In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from— the Basic Energy Sciences Program, the Advanced Scientific Computing Research Program, and the Biological and Environmental Research Program of the Office of Science; the Office of Energy Efficiency and Renewable Energy; and any other relevant office of the Department. In carrying out the Initiative, the Secretary shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector. The multidisciplinary teams described in subparagraph (A) shall pursue aggressive, milestone-driven, basic research goals. The Secretary shall provide sufficient resources to the multidisciplinary teams described in subparagraph (A) to achieve the goals described in subparagraph (B) over a period of time to be determined by the Secretary. The Secretary may organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures.

(b) Multivalent systems The Secretary shall carry out under the Initiative a program to support research needed to bridge scientific barriers to, and discover knowledge relevant to, multivalent ion materials in electric energy storage systems. As part of the program described in paragraph (1)— the Director of the Office of Basic Energy Sciences shall investigate electrochemical properties and the dynamics of materials, including charge transfer phenomena and mass transport in materials; and the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program. The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones. Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.

(c) Electrochemistry modeling and simulation The Secretary shall carry out under the Initiative a program to support research to model and simulate organic electrolytes, including the static and dynamic electrochemical behavior and phenomena of organic electrolytes at the molecular and atomic level in monovalent and multivalent systems. As part of the program described in paragraph (1)— the Director of the Office of Basic Energy Sciences, in coordination with the Associate Director of Advanced Scientific Computing Research, shall support the development of high performance computational tools through a joint development process to maximize the effectiveness of current and projected high performance computing systems; and the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program. The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones. Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.

(d) Mesoscale electrochemistry The Secretary shall carry out under the Initiative a program to support research needed to reveal electrochemistry in confined mesoscale spaces, including scientific discoveries relevant to— bio-electrochemistry and electrochemical energy conversion and storage in confined spaces; and the dynamics of the phenomena described in subparagraph (A). As part of the program described in paragraph (1)— the Director of the Office of Basic Energy Sciences and the Associate Director of Biological and Environmental Research shall investigate phenomena of mesoscale electrochemical confinement for the purpose of replicating and controlling new electrochemical behavior; and the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program. The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones. Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $20,000,000 for each of fiscal years 2023 through 2027.

§ 16316 Advanced scientific computing research and development program

The Secretary shall conduct an advanced scientific computing research and development program that includes activities related to applied mathematics and activities authorized by the American Super Computing Leadership Act of 2017 ( 15 U.S.C. 5541 et seq.). The Secretary shall carry out the program with the goal of supporting departmental missions, and providing the high-performance computational, networking, advanced visualization technologies, and workforce resources, that are required for world leadership in science. ( Pub. L. 109–58, title IX, § 976(a) , Aug. 8, 2005 , 119 Stat. 903 ; Pub. L. 115–246, title III, § 304(b)(1)(B) , formerly § 304(a)(1)(B), Sept. 28, 2018 , 132 Stat. 3145 , renumbered § 304(b)(1)(B), Pub. L. 117–167, div. B, title I, § 10104(a)(1) , Aug. 9, 2022 , 136 Stat. 1433 .)

§ 16317 Systems biology program

(a) Program The Secretary shall establish a research, development, and demonstration program in microbial and plant systems biology, protein science, computational biology, and environmental science to support the energy, national security, and environmental missions of the Department. The program shall support individual researchers and multidisciplinary teams of researchers through competitive, merit-reviewed grants. 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— can facilitate the production of fuels, including hydrogen in sustainable production systems that reduce greenhouse gas emissions; convert carbon dioxide to organic carbon; detoxify soils and water, including at facilities of the Department, contaminated with heavy metals and radiological materials; develop cellulosic and other feedstocks that are less resource and land intensive and that promote sustainable use of resources, including soil, water, energy, forests, and land, and ensure protection of air, water, and soil quality; and address other Department missions as identified by the Secretary.

(c) Plan Not later than 1 year after August 8, 2005 , 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). 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 part, amounts shall be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities, including user facilities at National Laboratories, 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 In carrying out the program under this section, the Secretary shall not conduct biomedical research. Nothing in this section shall authorize the Secretary to conduct any research or demonstrations— on human cells or human subjects; or designed to have direct application with respect to human cells or human subjects.

(f) Bioenergy research centers In carrying out the program under section 18644(a) of this title , the Director shall support up to 6 bioenergy research centers to conduct fundamental research in plant and microbial systems biology, biological imaging and analysis, and genomics, and to accelerate advanced research and development of advanced biofuels, bioenergy or biobased materials, chemicals, and products that are produced from a variety of regionally diverse feedstocks, and to facilitate the translation of research results to industry. The activities of the centers authorized under this subsection may include— accelerating the domestication of bioenergy-relevant plants, microbes, and associated microbial communities to enable high-impact, value-added coproduct development at multiple points in the bioenergy supply chain; developing the science and technological advances to ensure process sustainability is considered in the creation of advanced biofuels and bioproducts from lignocellulosic biomass; and using the latest tools in genomics, molecular biology, catalysis science, chemical engineering, systems biology, and computational and robotics technologies to sustainably produce and transform biomass into advanced biofuels and bioproducts. A center established under paragraph (1) shall be selected on a competitive, merit-reviewed basis for a period of not more than 5 years, subject to the availability of appropriations, beginning on the date of establishment of that center. The Director shall consider applications from National Laboratories, multi-institutional collaborations, and other appropriate entities. A center already in existence on August 9, 2022 , may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center. The Director shall select any new center pursuant to paragraph (1) on a competitive, merit-reviewed basis, with special consideration for applications from an institution of higher education (as defined in section 1001 of title 20 ) that is located in an eligible jurisdiction (as defined in section 13503(b)(3)(A) of this title ). After the end of the applicable period described in paragraph (2), the Director may renew support for a center for a period of not more than 5 years on a merit-reviewed basis. For a center in operation for 10 years after its previous selection on a competitive, merit-reviewed basis, the Director may renew support for the center on a competitive, merit-reviewed basis for a period of not more than 5 years, and may subsequently provide an additional renewal on a merit-reviewed basis for a period of not more than 5 years. Centers shall undertake research activities to accelerate the production of advanced biofuels and bioproducts from biomass resources by identifying the most suitable species of plants for use as energy crops; and improving methods of breeding, propagation, planting, producing, harvesting, storage and processing. Activities may include the following: Research activities to increase sustainability, including— advancing knowledge of how bioenergy crop interactions with biotic and abiotic environmental factors influence crop growth, yield, and quality; identifying the most impactful research areas that address the economics of advanced biofuels and bioproducts production; and utilizing multiscale modeling to advance predictive understanding of advanced biofuel cropping ecosystems. Research activities to further feedstock development, including lignocellulosic, algal, gaseous wastes including carbon oxides and methane, and direct air capture of single carbon gases via plants and microbes, including— developing genetic and genomic tools, high-throughput analytical tools, and biosystems design approaches to enhance bioenergy feedstocks and their associated microbiomes; conducting field testing of new potential bioenergy feedstock crops under environmentally benign and geographically diverse conditions to assess viability and robustness; and developing quantitative models informed by experimentation to predict how bioenergy feedstocks perform under diverse conditions. Research activities to improve lignocellulosic deconstruction and separation methods, including— developing feedstock-agnostic deconstruction processes capable of efficiently fractionating biomass into targeted output streams; gaining a detailed understanding of plant cell wall biosynthesis, composition, structure, and properties during deconstruction; and improving enzymes and approaches for biomass breakdown and cellulose, hemicellulose, and lignin processing. Research activities to improve the feedstock conversion process for advanced biofuels and bioproducts, including— developing high-throughput methods to screen or select high-performance microbial strains and communities to improve product formation rates, yields, and selectivity; establishing a broad set of platform microorganisms and microbial communities suitable for metabolic engineering to produce advanced biofuels and bioproducts and high-throughput methods for experimental validation of gene function; developing techniques to enhance microbial robustness for tolerating toxins to improve advanced biofuel and bioproduct yields and to gain a better understanding of the cellular and molecular bases of tolerance for major chemical classes of inhibitors found in these processes; advancing technologies for the use of batch, continuous, and consolidated bioprocessing; identifying, creating, and optimizing microbial and chemical pathways to produce promising, atom-economical intermediates and final bioproducts from biomass with considerations given to environmentally benign processes; developing high-throughput, real-time, in situ analytical techniques to understand and characterize the pre- and post-bioproduct separation streams in detail; creating methodologies for efficiently identifying viable target molecules, identifying high-value bioproducts in existing biomass streams, and utilizing current byproduct streams; identifying and improving plant feedstocks with enhanced extractable levels of desired bioproducts or bioproduct precursors, including lignin streams; and developing integrated biological and chemical catalytic approaches to valorize and produce a diverse portfolio of advanced biofuels and bioproducts. Centers shall establish industry partnerships to translate research results to commercial applications. In coordination with the Bioenergy Technologies Office of the Department, the Secretary shall support interdisciplinary research activities to improve the capacity, efficiency, resilience, security, reliability, and affordability, of the production and use of advanced biofuels and bioproducts, as well as activities to enable positive impacts and avoid the potential negative impacts that the production and use of advanced biofuels and bioproducts may have on ecosystems, people, and historically marginalized communities. Of the funds authorized to be appropriated under subsection (k) of section 18644 of this title for a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $30,000,000 per center established under paragraph (1) for each of fiscal years 2023 through 2027. In this subsection: The term “advanced biofuel” has the meaning given the term in section 8101 of title 7 . The term “bioenergy” means energy derived from biofuels. The term “biomass” has the meaning given the term in section 15852(b) of this title . The term “bioproduct” has the meaning given the term “biobased product” in section 8101 of title 7 .

§ 16318 Fission and fusion energy materials research program

(a) In general Along with the budget request of the President submitted to Congress for fiscal year 2007, the Secretary shall establish a research and development program on material science issues presented by advanced fission reactors and the fusion energy program of the Department.

(b) Administration In carrying out the program, the Secretary shall develop— a catalog of material properties required for applications described in subsection (a); theoretical models for materials possessing the required properties; benchmark models against existing data; and a roadmap to guide further research and development in the area covered by the program.

§ 16319 Energy and water supplies

(a) In general The Secretary shall carry out a program of research, development, demonstration, and commercial application to— address energy-related issues associated with provision of adequate water supplies, optimal management, and efficient use of water; address water-related issues associated with the provision of adequate supplies, optimal management, and efficient use of energy; and assess the effectiveness of existing programs within the Department and other Federal agencies to address these energy and water related issues.

(b) Program elements The program under this section shall include— arsenic treatment; desalination; and planning, analysis, and modeling of energy and water supply and demand.

(c) Collaboration In carrying out this section, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Chief Engineer of the Army Corps of Engineers, the Secretary of Commerce, the Secretary of Defense, and other Federal agencies as appropriate.

(d) Facilities The Secretary may utilize all existing facilities within the Department and may design and construct additional facilities as needed to carry out the purposes of this program.

(e) Advisory committee The Secretary shall establish or utilize an advisory committee to provide independent advice and review of the program.

(f) Reports Not later than 2 years after August 8, 2005 , the Secretary shall submit to Congress a report on the assessment described in subsection (b) and recommendations for future actions.

§ 16320 Spallation Neutron Source

(a) Definitions In this section: The term “SING” means the Spallation Neutron Source Instruments Next Generation major item of equipment. The term “SNS power upgrade” means the Spallation Neutron Source power upgrade described in the 20-year facilities plan of the Office of Science of the Department. The term “SNS second target station” means the Spallation Neutron Source second target station described in the 20-year facilities plan of the Office of Science of the Department. The terms “Spallation Neutron Source Facility” and “Facility” mean the completed Spallation Neutron Source scientific user facility located at Oak Ridge National Laboratory, Oak Ridge, Tennessee. The terms “Spallation Neutron Source Project” and “Project” means Department Project 99–E–334, Oak Ridge National Laboratory, Oak Ridge, Tennessee.

(b) Spallation Neutron Source Project The Secretary shall submit to Congress, as part of the annual budget request of the President submitted to Congress, a report on progress on the Spallation Neutron Source Project. The report shall include for the Project— a description of the achievement of milestones; a comparison of actual costs to estimated costs; and any changes in estimated Project costs or schedule.

(c) Spallation Neutron Source Facility plan The Secretary shall develop an operational plan for the Spallation Neutron Source Facility that ensures that the Facility is employed to the full capability of the Facility in support of the study of advanced materials, nanoscience, and other missions of the Office of Science of the Department. The operational plan shall— include a plan for the operation of an effective scientific user program that— is based on peer review of proposals submitted for use of the Facility; includes scientific and technical support to ensure that external users, including researchers based at institutions of higher education, are able to make full use of a variety of high quality scientific instruments; and phases in systems upgrades to ensure that the Facility remains at the forefront of international scientific endeavors in the field of the Facility throughout the operating life of the Facility; include an ongoing program to develop new instruments that builds on the high performance neutron source and that allows neutron scattering techniques to be applied to a growing range of scientific problems and disciplines; and address the status of and, to the maximum extent practicable, costs and schedules for— full user mode operations of the Facility; instrumentation built at the Facility during the operating phase through full use of the experimental hall, including the SING; the SNS power upgrade; and the SNS second target station.

(d) Authorization of appropriations There is authorized to be appropriated to carry out the Spallation Neutron Source Project for the lifetime of the Project $1,411,700,000fortotalprojectcosts,ofwhich—$1,192,700,000 shall be used for the costs of construction; and $219,000,000shallbeusedforotherProjectcosts.Exceptasprovidedinsubparagraph(B),thereisauthorizedtobeappropriatedfortheSpallationNeutronSourceFacilityfor—theSING,$75,000,000 for each of fiscal year 2007 through 2009; and the SNS power upgrade, $160,000,000,toremainavailableuntilexpended.IfstockpilesofheavywateroftheDepartmentareinsufficienttomeettheneedsoftheFacility,thereisauthorizedtobeappropriatedfortheFacility$12,000,000 for fiscal year 2007.

§ 16321 Facility for Rare Isotope Beams

(a) Establishment The Secretary shall construct and operate a Facility for Rare Isotope Beams. The Secretary shall commence construction no later than September 30, 2008 .

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. The Secretary shall not spend more than $1,100,000,000 in Federal funds for all activities associated with the Facility for Rare Isotope Beams, prior to operation of the Accelerator.

§ 16322 Office of Scientific and Technical Information

The Secretary, through the Office of Scientific and Technical Information, shall maintain within the Department publicly available collections of scientific and technical information resulting from research, development, demonstration, and commercial applications activities supported by the Department. ( Pub. L. 109–58, title IX, § 982 , Aug. 8, 2005 , 119 Stat. 907 .)

§ 16323 Science and engineering education pilot program

(a) Establishment of pilot program The Secretary shall award a grant to a Southeastern United States consortium of major research universities that currently advances science and education by partnering with National Laboratories, to establish a regional pilot program of its SEEK–16 program for enhancing scientific, technological, engineering, and mathematical literacy, creativity, and decision-making. 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 regional pilot program shall include— 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; combining Department expertise with one or more National Aeronautics and Space Administration Educator Resource Centers; 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; designing and implementing course work; designing and implementing a strategy for measuring and assessing progress under the program; and developing models for transferring knowledge gained under the pilot program to other institutions and areas of the United States.

(c) Categorization A grant under this section shall be considered an authorized activity under section 7381b of this title .

§ 16324 Energy research fellowships

(a) Postdoctoral fellowship program The Secretary shall establish a program under which the Secretary provides fellowships to encourage outstanding young scientists and engineers to pursue postdoctoral research appointments in energy research and development at institutions of higher education of their choice.

(b) Senior research fellowships The Secretary shall establish a program under which the Secretary provides fellowships to allow outstanding senior researchers and their research groups in energy research and development to explore research and development topics of their choosing for a period of not less than 3 years, to be determined by the Secretary. In providing a fellowship under the program described in paragraph (1), the Secretary shall consider— the past scientific or technical accomplishment of a senior researcher; and the potential for continued accomplishment by the researcher during the period of the fellowship.

§ 16325 Science and Technology Scholarship Program

(a) 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 and National Laboratories.

(b) Service requirement The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.

§ 16341 Western Hemisphere energy cooperation

(a) Program The Secretary shall carry out a program to promote cooperation on energy issues with countries of the Western Hemisphere.

(b) Activities Under the program, the Secretary shall fund activities to work with countries of the Western Hemisphere to— increase the production of energy supplies; improve energy efficiency; and assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets.

(c) Participation by institutions of higher education To the extent practicable, the Secretary shall carry out the program under this section with the participation of institutions of higher education so as to take advantage of the acceptance of institutions of higher education by countries of the Western Hemisphere as sources of unbiased technical and policy expertise when assisting the Secretary in— evaluating new technologies; resolving technical issues; working with those countries in the development of new policies; and training policymakers, particularly in the case of institutions of higher education that involve the participation of minority students, such as— Hispanic-serving institutions; and part B institutions.

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section— $10,000,000forfiscalyear2007;$13,000,000 for fiscal year 2008; and $16,000,000 for fiscal year 2009.

§ 16342 International energy training

(a) In general The Secretary, in consultation with the Secretary of Commerce, the Secretary of the Interior, and Secretary of State, and the Federal Energy Regulatory Commission, shall coordinate training and outreach efforts for international commercial energy markets in countries with developing and restructuring economies.

(b) Components The training and outreach efforts referred to in subsection (a) may include— production-related fiscal regimes; grid and network issues; energy user and demand side response; international trade of energy; and international transportation of energy.

(c) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2007 through 2010.

§ 16351 Availability of funds

Funds authorized to be appropriated to the Department under this Act or an amendment made by this Act shall remain available until expended. ( Pub. L. 109–58, title IX, § 987 , Aug. 8, 2005 , 119 Stat. 910 .)

§ 16352 Cost sharing

(a) Applicability Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is initiated after August 8, 2005 , the Secretary shall require cost-sharing in accordance with this section.

(b) Research and development Except as provided in paragraphs (2), (3), and (4) and subsection (f), the Secretary shall require not less than 20 percent of the cost of a research or development activity described in subsection (a) to be provided by a non-Federal source. Paragraph (1) shall not apply to a research or development activity described in subsection (a) that is of a basic or fundamental nature, as determined by the appropriate officer of the Department. The Secretary may reduce or eliminate the requirement of paragraph (1) for a research and development activity of an applied nature if the Secretary determines that the reduction is necessary and appropriate. Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )). The exemption under subparagraph (A) shall apply during the 2-year period beginning on August 9, 2022 .

(c) Demonstration and commercial application Except as provided in paragraph (2) and subsection (f), the Secretary shall require that not less than 50 percent of the cost of a demonstration or commercial application activity described in subsection (a) to 1 be provided by a non-Federal source. The Secretary may reduce the non-Federal share required under paragraph (1) if the Secretary determines the reduction to be necessary and appropriate, taking into consideration any technological risk relating to the activity.

(d) Calculation of amount In calculating the amount of a non-Federal contribution under this section, the Secretary— may include allowable costs in accordance with the applicable cost principles, including— cash; personnel costs; the value of a service, other resource, or third party in-kind contribution determined in accordance with the applicable circular of the Office of Management and Budget; indirect costs or facilities and administrative costs; or any funds received under the power program of the Tennessee Valley Authority (except to the extent that such funds are made available under an annual appropriation Act); and shall not include— revenues or royalties from the prospective operation of an activity beyond the time considered in the award; proceeds from the prospective sale of an asset of an activity; or other appropriated Federal funds.

(e) Repayment of Federal share The Secretary shall not require repayment of the Federal share of a cost-shared activity under this section as a condition of making an award.

(f) Exclusions This section shall not apply to— a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq.); a fee charged for the use of a Department facility; or an award under— the small business innovation research program under section 638 of title 15 ; or the small business technology transfer program under that section.

§ 16353 Merit review of proposals

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

(b) Competition Competitive awards under this Act shall involve competitions open to all qualified entities within one or more of the following categories: Institutions of higher education. National Laboratories. Nonprofit and for-profit private entities. State and local governments. Consortia of entities described in paragraphs (1) through (4).

(c) Sense of Congress It is the sense of Congress that research, development, demonstration, and commercial application activities carried out by the Department should be awarded using competitive procedures, to the maximum extent practicable.

§ 16354 External technical review of departmental programs

(a) National energy research and development advisory boards The Secretary shall establish one or more advisory boards to review research, development, demonstration, and commercial application programs of the Department in energy efficiency, renewable energy, nuclear energy, and fossil energy. The Secretary may— designate an existing advisory board within the Department to fulfill the responsibilities of an advisory board under this section; and enter into appropriate arrangements with the National Academy of Sciences to establish such an advisory board.

(b) Use of existing committees The Secretary shall continue to use the scientific program advisory committees chartered under chapter 10 of title 5 by the Office of Science to oversee research and development programs under that Office.

(c) Membership Each advisory board under this section shall consist of persons with appropriate expertise representing a diverse range of interests.

(d) Meetings and goals Each advisory board under this section shall meet at least semiannually to review and advise on the progress made by the respective one or more research, development, demonstration, and commercial application programs. The advisory board shall review the measurable cost and performance-based goals for the programs as established under section 16181 of this title , and the progress on meeting the goals.

(e) Periodic reviews and assessments The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to conduct periodic reviews and assessments of— the research, development, demonstration, and commercial application programs authorized by this Act and amendments made by this Act; the measurable cost and performance-based goals for the programs as established under section 16181 of this title , if any; and the progress on meeting the goals. The reviews and assessments shall be conducted every 5 years or more often as the Secretary considers necessary. The Secretary shall submit to Congress reports describing the results of all the reviews and assessments.

§ 16355 National Laboratory designation

After August 8, 2005 , the Secretary shall not designate a facility that is not listed in section 15801(3) of this title as a National Laboratory. ( Pub. L. 109–58, title IX, § 991 , Aug. 8, 2005 , 119 Stat. 913 .)

§ 16356 Report on equal employment opportunity practices

Not later than 12 months after August 8, 2005 , and biennially thereafter, the Secretary shall transmit to Congress a report on the equal employment opportunity practices at National Laboratories. Such report shall include— a thorough review of each National Laboratory contractor’s equal employment opportunity policies, including promotion to management and professional positions and pay raises; a statistical report on complaints and their disposition in the National Laboratories; a description of how equal employment opportunity practices at the National Laboratories are treated in the contract and in calculating award fees for each contractor; a summary of disciplinary actions and their disposition by either the Department or the relevant contractors for each National Laboratory; a summary of outreach efforts to attract women and minorities to the National Laboratories; a summary of efforts to retain women and minorities in the National Laboratories; and a summary of collaboration efforts with the Office of Federal Contract Compliance Programs to improve equal employment opportunity practices at the National Laboratories. ( Pub. L. 109–58, title IX, § 992 , Aug. 8, 2005 , 119 Stat. 913 .)

§ 16357 Strategy for facilities and infrastructure

(a) Facility and infrastructure policy The Secretary shall develop and implement a strategy for facilities and infrastructure supported primarily from the Office of Science, the Office of Energy Efficiency and Renewable Energy, the Office of Fossil Energy, or the Office of Nuclear Energy, Science and Technology Programs at all National Laboratories and single-purpose research facilities. The strategy shall provide cost-effective means for— maintaining existing facilities and infrastructure; closing unneeded facilities; making facility modifications; and building new facilities.

(b) Report The Secretary shall prepare and submit, along with the budget request of the President submitted to Congress for fiscal year 2018, a report describing the strategy developed under subsection (a). For each National Laboratory and single-purpose research facility that is primarily used for science and energy research, the report shall contain— the current priority list of proposed facilities and infrastructure projects, including cost and schedule requirements; 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; the total current budget for all facilities and infrastructure funding; and the current status of each facility and infrastructure project compared to the original baseline cost, schedule, and scope.

§ 16358 Strategic research portfolio analysis and coordination plan

(a) In general The Secretary shall periodically review all of the science and technology activities of the Department in a strategic framework that takes into account— the frontiers of science to which the Department can contribute; the national needs relevant to the statutory missions of the Department; and global energy dynamics.

(b) Coordination analysis and plan As part of the review under subsection (a), the Secretary shall develop a plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across organizational boundaries of the Department. The plan developed under paragraph (1) shall describe— crosscutting scientific and technical issues and research questions that span more than one program or major office of the Department; ways in which the applied technology programs of the Department are coordinating activities and addressing the questions referred to in subparagraph (A); ways in which the technical interchange within the Department, particularly between the Office of Science and the applied technology programs, could be enhanced, including ways in which the research agendas of the Office of Science and the applied programs could better interact and assist each other; ways in which the Secretary would ensure that the overall research agenda of the Department includes, in addition to fundamental, curiosity-driven research, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, curiosity-driven research; critical assessments of any ongoing programs that have experienced subpar performance or cost overruns of 10 percent or more over 1 or more years; any activities that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders; and detailed evaluations and proposals for innovation hubs, institutes, and research centers of the Department, including— an affirmation that the hubs, institutes, and research centers will— advance the mission of the Department; and prioritize research, development, and demonstration; and an affirmation that any hubs, institutes, or research centers that are established or renewed within the Office of Science are consistent with the mission of the Office of Science described in subsection (c) of section 7139 of this title .

(c) Submission to Congress Every 4 years, the Secretary shall submit to Congress— the results of the review under subsection (a); and the coordination plan under subsection (b).

§ 16359 Competitive award of management contracts

None of the funds authorized to be appropriated to the Secretary by this subchapter may be used to award a management and operating contract for a National Laboratory (excluding those named in subparagraphs (G), (H), (N), and (O) of section 15801(3) of this title ), 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 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. ( Pub. L. 109–58, title IX, § 995 , Aug. 8, 2005 , 119 Stat. 914 .)

§ 16360 Western Michigan demonstration project

The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005 , and shall not impose any requirement or sanction under the Clean Air Act ( 42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project. ( Pub. L. 109–58, title IX, § 996 , Aug. 8, 2005 , 119 Stat. 915 .)

§ 16361 Arctic Engineering Research Center

(a) In general The Secretary of Transportation, in consultation with the Secretary and the United States Arctic Research Commission, shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the “Arctic Engineering Research Center” (referred to in this section as the “Center”).

(b) Purpose The purpose of the Center shall be to conduct research on, and develop improved methods of, construction and use of materials to improve the overall performance of roads, bridges, residential, commercial, and industrial structures, and other infrastructure in the Arctic region, with an emphasis on developing— new construction techniques for roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure that are capable of withstanding the Arctic environment and using limited energy resources as efficiently as practicable; technologies and procedures for increasing road, bridge, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure safety, reliability, and integrity in the Arctic region; new materials and improving the performance and energy efficiency of existing materials for the construction of roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure in the Arctic region; and recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region.

(c) Objectives The Center shall carry out— basic and applied research in the subjects described in subsection (b), the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in road, bridge, rail, and infrastructure engineering in the Arctic region; and an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented.

(d) Amount of grant For each of fiscal years 2006 through 2011, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in subsection (a) to carry out this section.

(e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2011.

§ 16362 Barrow Geophysical Research Facility

(a) Establishment The Secretary of Commerce, in consultation with the Secretaries of Energy and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency, shall establish a joint research facility in Barrow, Alaska, to be known as the “Barrow Geophysical Research Facility”, to support scientific research activities in the Arctic.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretaries of Commerce, Energy, and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency for the planning, design, construction, and support of the Barrow Geophysical Research Facility, $61,000,000.

§ 16371 Definitions

In this part: The term “CIFIA program” means the carbon dioxide transportation infrastructure finance and innovation program established under section 16372(a) of this title . The term “common carrier” means a transportation infrastructure operator or owner that— publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and holds itself out to provide transportation services to the public for a fee. The term “contingent commitment” means a commitment to obligate funds from future available budget authority that is— contingent on those funds being made available in law at a future date; and not an obligation of the Federal Government. The term “eligible project costs” means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including— the cost of— development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition and installation of equipment (including labor); and capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and transaction costs associated with financing the project, including— the cost of legal counsel and technical consultants; and any subsidy amount paid in accordance with section 16372(c)(3)(B)(ii) of this title or section 16373(b)(6)(B)(ii) of this title . The term “Federal credit instrument” means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project. The term “lender” means a qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq.)), that is not a Federal qualified institutional buyer. The term “letter of interest” means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that— describes the project and the location, purpose, and cost of the project; outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor; provides a status of environmental review; and provides information regarding satisfaction of other eligibility requirements of the CIFIA program. The term “loan guarantee” means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan made to an obligor, or debt obligation issued by an obligor, in each case funded by a lender. The term “master credit agreement” means a conditional agreement that— is for the purpose of extending credit assistance for— a project of high priority under section 16372(c)(3)(A) of this title ; or a project covered under section 16372(c)(3)(B) of this title ; does not provide for a current obligation of Federal funds; and would— make a contingent commitment of a Federal credit instrument or grant at a future date, subject to— the availability of future funds being made available to carry out the CIFIA program; and the satisfaction of all conditions for the provision of credit assistance under the CIFIA program, including section 16373(b) of this title ; establish the maximum amounts and general terms and conditions of the Federal credit instruments or grants; identify the 1 or more revenue sources that will secure the repayment of the Federal credit instruments; provide for the obligation of funds for the Federal credit instruments or grants after all requirements have been met for the projects subject to the agreement, including— compliance with all applicable requirements specified under the CIFIA program, including sections 16372(d) and 16373(b)(1) of this title; and the availability of funds to carry out the CIFIA program; and require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary. The term “obligor” means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity that is liable for payment of the principal of, or interest on, a Federal credit instrument. The term “produced in the United States”, with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. The term “project” means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate. The term “project obligation” means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. The term “secured loan” means a direct loan to an obligor or a debt obligation issued by an obligor and purchased by the Secretary, in each case funded by the Secretary in connection with the financing of a project under section 16373 of this title . The term “subsidy amount” means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument— calculated on a net present value basis; and excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq.). The term “substantial completion”, with respect to a project, means the date— on which the project commences transportation of carbon dioxide; or of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement. ( Pub. L. 109–58, title IX, § 999A , as added Pub. L. 117–58, div. D, title III, § 40304(a) , Nov. 15, 2021 , 135 Stat. 988 .)

§ 16372 Determination of eligibility and project selection

(a) Establishment of program The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this part— a Federal credit instrument under section 16373 of this title ; a grant under section 16374 of this title ; or both a Federal credit instrument and a grant.

(b) Eligibility A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if— the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and the project meets the criteria described in this subsection. Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of— the strength of the contractual terms of an eligible project (if available for the applicable market segment); the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; the projected financial strength of the obligor— at the time of loan close; and throughout the loan term, including after the project is completed; the financial strength of the investors and strategic partners of the obligor, if applicable; and other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. The applicable Federal credit instrument shall be repayable, in whole or in part, from— user fees; payments owing to the obligor under a public-private partnership; or other revenue sources that also secure or fund the project obligations. A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be— the obligor; and identified at a later date through completion of a procurement and selection of the private party. The Secretary shall determine that financial assistance for each project under the CIFIA program will— attract public or private investment for the project; or enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project. To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program.

(c) Selection among eligible projects The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may— receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and receive grants under section 16374 of this title if— adequate funds are available to cover the amount of the grant; and the Secretary determines that the project is eligible under subsection (b). In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that— are large-capacity, common carrier infrastructure; have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air; enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns. The Secretary may enter into a master credit agreement for a project that the Secretary determines— will likely be eligible for credit assistance under subsection (b), on obtaining— additional commitments from associated carbon capture projects to use the project; or all necessary permits and approvals; and is a project of high priority, as determined in accordance with the criteria described in paragraph (2). If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect— to enter into a master credit agreement in lieu of the Federal credit instrument; and to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.

(d) Federal requirements Nothing in this part supersedes the applicability of any other requirement under Federal law (including regulations). Federal credit assistance may only be provided under this part for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).

(e) Use of American iron, steel, and manufactured goods Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States. Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that— the application would be inconsistent with the public interest; iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. If the Secretary receives a request for a waiver under this subsection, the Secretary shall— make available to the public a copy of the request, together with any information available to the Secretary concerning the request— on an informal basis; and by electronic means, including on the official public website of the Department; allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request. This subsection shall be applied in accordance with any applicable obligations of the United States under international agreements.

(f) Application processing procedures Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether— the application is complete; or additional information or materials are needed to complete the application. Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application.

(g) Development-phase activities Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 16371(4)(A) of this title .

§ 16373 Secured loans

(a) Agreements Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which— shall be used— to finance eligible project costs of any project selected under section 16372 of this title ; to refinance interim construction financing of eligible project costs of any project selected under section 16372 of this title ; or to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that— is selected under section 16372 of this title ; or otherwise meets the requirements of that section; and may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection. Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 16372(b)(2) of this title .

(b) Terms and limitations A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs. A secured loan under this section shall be payable, in whole or in part, from— user fees; payments owing to the obligor under a public-private partnership; or other revenue sources that also secure or fund the project obligations. Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period— beginning on, as applicable— the date on which an application acceptable to the Secretary is submitted for the applicable project; or the date on which the Secretary entered into a master credit agreement for the applicable project; and ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan. The interest rate referred to in clause (i) is the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan in effect, as applicable to the project that is the subject of the secured loan, on— the date described in clause (i)(I)(aa); or the date described in clause (i)(I)(bb). The interest rate of a secured loan may not be lowered pursuant to clause (i) by more than 1½ percentage points (150 basis points). The final maturity date of the secured loan shall be the earlier of— the date that is 35 years after the date of substantial completion of the project; and if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset. Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— the secured loan is rated in the A category or higher; and the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues. If the Secretary waives the nonsubordination requirement under this subparagraph— the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and the obligor shall be responsible for paying the remainder of the subsidy amount, if any. The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $3,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary. The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 16374 of this title , shall not exceed an amount equal to 80 percent of the eligible project costs.

(c) Repayment The Secretary shall establish a repayment schedule for each secured loan under this section based on— the projected cash flow from project revenues and other repayment sources; and the useful life of the project. Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. Any payment deferred under subparagraph (A) shall— continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and be scheduled to be amortized over the remaining term of the loan. Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty. A secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.

(d) Sale of secured loans Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor.

(e) Loan guarantees The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan. The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.

§ 16374 Future growth grants

(a) Establishment The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between— the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset.

(b) Eligibility To be eligible to receive a grant under this section, an entity shall— be eligible to receive credit assistance under the CIFIA program; carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.

(c) Use of funds A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).

(d) Maximum amount The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a).

§ 16375 Program administration

(a) Requirement The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program.

(b) Fees If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs.

(c) Servicer The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. A servicer appointed under paragraph (1) shall act as the agent for the Secretary. A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary.

(d) Assistance from expert firms The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.

(e) Expedited processing The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program.

§ 16376 State and local permits

The provision of credit assistance under the CIFIA program with respect to a project shall not— relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project; limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. ( Pub. L. 109–58, title IX, § 999F , as added Pub. L. 117–58, div. D, title III, § 40304(a) , Nov. 15, 2021 , 135 Stat. 999 .)

§ 16377 Regulations

The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program. ( Pub. L. 109–58, title IX, § 999G , as added Pub. L. 117–58, div. D, title III, § 40304(a) , Nov. 15, 2021 , 135 Stat. 1000 .)

§ 16378 Authorization of appropriations; contract authority

(a) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this part— $600,000,000foreachoffiscalyears2022and2023;and$300,000,000 for each of fiscal years 2024 through 2026. Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 661c(f) of title 2 . Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from November 15, 2021 (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program.

(b) Contract authority Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment. Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.

§ 16391 Improved technology transfer of energy technologies

(a) Office of Technology Transitions There is established within the Department an Office of Technology Transitions (referred to in this section as the “Office”). The mission of the Office shall be— to expand the commercial impact of the research investments of the Department; and to focus on commercializing technologies that support the missions of the Department, including reducing greenhouse gas emissions and other pollutants. In carrying out the mission and activities of the Office, the Chief Commercialization Officer appointed under paragraph (4) shall, with respect to commercialization activities, meet all of the goals described in subparagraph (B). The goals referred to in subparagraph (A) are the following: Reduction of greenhouse gas emissions and other pollutants. Ensuring economic competitiveness. Enhancement of domestic energy security and national security. Enhancement of domestic jobs. Improvement of energy efficiency. Any other goals to support the transfer of technology developed by Department-funded programs to the private sector, as consistent with missions of the Department. The Office shall be headed by an officer, who shall be known as the “Chief Commercialization Officer”, and who shall report directly to, and be appointed by, the Secretary. The Chief Commercialization Officer shall be the principal advisor to the Secretary on all matters relating to technology transfer and commercialization. The Chief Commercialization Officer shall be an individual who, by reason of professional background and experience, is specially qualified to advise the Secretary on matters pertaining to technology transfer at the Department. The Chief Commercialization Officer shall oversee— the activities of the Technology Transfer Working Group established under subsection (b); the expenditure of funds allocated for technology transfer within the Department; the activities of each technology partnership ombudsman appointed under section 7261c of this title ; and efforts to engage private sector entities, including venture capital companies. In carrying out the mission and activities of the Office, the Chief Commercialization Officer shall coordinate with the senior leadership of the Department, other relevant program offices of the Department, National Laboratories, the Technology Transfer Working Group established under subsection (b), the Technology Transfer Policy Board, and other stakeholders (including private industry). To carry out the program authorized in this section, the Under Secretary for Science may appoint personnel using the authorities in section 19321 of this title . There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $20,000,000 for each of fiscal years 2023 through 2027.

(b) Technology Transfer Working Group The Secretary shall establish a Technology Transfer Working Group, which shall consist of representatives of the National Laboratories and single-purpose research facilities, to— coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities; exchange information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; and develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Department, including opportunities and procedures related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters.

(c) Technology Commercialization Fund The Secretary shall establish an Energy Technology Commercialization Fund, using 0.9 percent of the amount made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year based on future planned activities and the amount of the appropriations for the fiscal year, to be used to provide matching funds with private partners to promote promising energy technologies for commercial purposes.

(d) Technology transfer responsibility Nothing in this section affects the technology transfer responsibilities of Federal employees under the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq.).

(e) Technology Commercialization Fund The Secretary, acting through the Chief Commercialization Officer established in subsection (a), shall establish a Technology Commercialization Fund (hereafter referred to as the “Fund”), using nine-tenths of one percent of the amount of appropriations made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year, to be used to provide, in accordance with the cost-sharing requirements under section 16352 of this title , funds to private partners, including national laboratories, to promote promising energy technologies for commercial purposes. The Secretary shall develop criteria for evaluating applications for funding under this section, which may include— the potential that a proposed technology will result in a commercially successful product within a reasonable timeframe; and the relative maturity of a proposed technology for commercial application. In awarding funds under this section, the Secretary may give special consideration to applications that involve at least one applicant that has participated in an entrepreneurial or commercialization training program, such as Energy Innovation Corps.

(f) Annual report The Secretary shall include in the annual report required under section 16391a(a) of this title — description of the projects carried out with awards from the Fund for that fiscal year; each project’s cost-share for that fiscal year; and each project’s partners for that fiscal year.

(g) Technology commercialization fund report Not later than 1 year after December 27, 2020 , the Secretary shall submit to the Committee on Science, Space, and Technology and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate a report on the current and recommended implementation of the Fund. The report under subparagraph (A) shall include— a summary, with supporting data, of how much Department program offices contribute to and use the Fund each year, including a list of current funding restrictions; recommendations on how to improve implementation and administration of the Fund; and an analysis on how to spend funds optimally on technology areas that have the greatest need and opportunity for commercial application, rather than spending funds at the programmatic level or under current funding restrictions.

(h) Planning and reporting Not later than 180 days after August 8, 2005 , the Secretary shall submit to Congress a technology transfer execution plan. Each year after the submission of the plan under paragraph (1), the Secretary shall submit to Congress an updated execution plan and reports that describe progress toward meeting goals set forth in the execution plan and the funds expended under subsection (c).

(i) Additional technology transfer programs The Secretary may develop additional programs to— support regional energy innovation systems; support clean energy incubators; provide small business vouchers; provide financial and technical assistance for entrepreneurial fellowships at national laboratories; encourage students, energy researchers, and national laboratory employees to develop entrepreneurial skillsets and engage in entrepreneurial opportunities; support private companies and individuals in partnering with National Laboratories; and further support the mission and goals of the Office.

§ 16391a Technology transfer reports and evaluation

(a) Annual report As part of the updated technology transfer execution plan required each year under section 16391(h)(2) of this title , the Secretary of Energy (in this section referred to as the “Secretary”) shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress and implementation of programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and under sections 10714, 10718, 10719, 10720, and 10723 of the Research and Development, Competition, and Innovation Act.

(b) Evaluation Not later than 3 years after December 27, 2020 , and every 3 years thereafter the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the extent to which programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and sections 10713, 10714, 10715, and 10717 of the Research and Development, Competition, and Innovation Act are achieving success based on relevant short-term and long-term metrics.

§ 16392 Technology Infrastructure Program

(a) Definitions In this section: The term “Program” means the Technology Infrastructure Program established under subsection (b). The term “technology cluster” means a concentration of technology-related business concerns, institutions of higher education, or nonprofit institutions, that reinforce each other’s performance in the areas of technology development through formal or informal relationships. The term “technology-related business concern” means a for-profit corporation, company, association, firm, partnership, or small business concern that— conducts scientific or engineering research; develops new technologies; manufactures products based on new technologies; or performs technological services.

(b) Establishment The Secretary shall establish a Technology Infrastructure Program in accordance with this section.

(c) Purpose The purpose of the Program shall be to improve the ability of National Laboratories and single-purpose research facilities to support departmental missions by— stimulating the development of technology clusters that can support departmental missions at the National Laboratories or single-purpose research facilities; improving the ability of National Laboratories and single-purpose research facilities to leverage and benefit from commercial research, technology, products, processes, and services; and encouraging the exchange of scientific and technological expertise between— National Laboratories or single-purpose research facilities; and entities that can support departmental missions at the National Laboratories or single-purpose research facilities, such as— institutions of higher education; technology-related business concerns; nonprofit institutions; and agencies of State, tribal, or local governments.

(d) Projects The Secretary shall authorize the director of each National Laboratory or single-purpose research facility to implement the Program at the National Laboratory or facility through one or more projects that meet the requirements of subsections (e) and (f).

(e) Program requirements Each project funded under this section shall meet the requirements of this subsection. Each project shall include at least one of each of the following entities: A business. An institution of higher education. A nonprofit institution. An agency of a State, local, or tribal government. The costs of carrying out projects under this section shall be shared in accordance with section 16352 of this title . The calculation of costs paid by the non-Federal sources for a project shall include cash, personnel, services, equipment, and other resources expended on the project after the commencement of the project. Independent research and development expenses of Government contractors that qualify for reimbursement under section 31.205–18(e) of title 48, Code of Federal Regulations, issued pursuant to section 1303(a)(1) of title 41 , may be credited towards costs paid by non-Federal sources to a project, if the expenses meet the other requirements of this section. A project under this section shall be competitively selected using procedures determined by the Secretary. Any participant that receives funds under this section may use generally accepted accounting principles for maintaining accounts, books, and records relating to the project. No Federal funds shall be made available under this section for a construction project or for any project with a duration of more than 5 years.

(f) Selection criteria The Secretary shall allocate funds under this section only if the Director of the National Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose research facility to achieve technical success in meeting departmental missions. In selecting a project to receive Federal funds, the Secretary shall consider— the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility; the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility; the extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project; the extent to which the project focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the project; and such other criteria as the Secretary determines to be appropriate.

(g) Allocation In allocating funds for projects approved under this section, the Secretary shall provide— the Federal share of the project costs; and additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project.

(h) Report to Congress Not later than July 1, 2008 , the Secretary shall submit to Congress a report on whether the Program should be continued and, if so, how the program should be managed.

(i) Authorization of appropriations There are authorized to be appropriated to the Secretary for activities under this section $10,000,000 for each of fiscal years 2006 through 2008.

§ 16393 Small business advocacy and assistance

(a) Small business advocate The Secretary shall require the Director of each National Laboratory (as defined in section 15801 of this title ) and the Director of each single-purpose research facility to designate a small business advocate to— encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15 ), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility; report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation; make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1); increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.

(b) Establishment of small business assistance program The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with— assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.

(c) Small business voucher program In this subsection: The term “Director” means— the Director of each National Laboratory; and the Director of each single-purpose research facility. The term “National Laboratory” has the meaning given the term in section 15801 of this title . The term “program” means the program established under paragraph (2). The term “small business concern” has the meaning given such term in section 632 of title 15 . The Secretary, acting through the Chief Commercialization Officer appointed under section 16391(a) of this title , and in consultation with the Directors, shall establish a program to provide small business concerns with vouchers under paragraph (3)— to achieve the goal described in subsection (a)(1); and to improve the products, services, and capabilities of small business concerns in the mission space of the Department. Under the program, the Directors are authorized to provide to small business concerns vouchers to be used at National Laboratories and single-purpose research facilities for— research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or any other activities that the applicable Director determines appropriate. The Secretary, working with the Directors, shall establish a stream-lined approval process for financial assistance agreements signed between— small business concerns selected to receive a voucher under the program; and the National Laboratories and single-purpose research facilities. In carrying out the program, the Secretary shall require cost-sharing in accordance with section 16352 of this title . In accordance with section 16391a of this title , the Secretary shall report annually on the progress and implementation of the small business voucher program established under this section, including the number and locations of small businesses that received grants under this program.

(d) Use of funds None of the funds expended under subsection (b) may be used for direct grants to small business concerns.

(e) Authorization of appropriations There is authorized to be appropriated to the Secretary for activities under subsection (b) $5,000,000foreachoffiscalyears2006through2008andforactivitiesundersubsection(c)$25,000,000 for each of fiscal years 2023 through 2027.

§ 16394 Outreach

The Secretary shall ensure that each program authorized by this Act or an amendment made by this Act includes an outreach component to provide information, as appropriate, to manufacturers, consumers, engineers, architects, builders, energy service companies, institutions of higher education, facility planners and managers, State and local governments, and other entities. ( Pub. L. 109–58, title X, § 1004 , Aug. 8, 2005 , 119 Stat. 930 .)

§ 16395 Relationship to other laws

Except as otherwise provided in this Act or an amendment made by this Act, the Secretary shall carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act or an amendment made by this Act in accordance with the applicable provisions of— the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5901 et seq.); the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq.); the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq.); chapter 18 of title 35 (commonly known as the “Bayh-Dole Act”); and any other Act under which the Secretary is authorized to carry out the programs, projects, and activities. ( Pub. L. 109–58, title X, § 1005 , Aug. 8, 2005 , 119 Stat. 930 .)

§ 16396 Prizes for achievement in grand challenges of science and technology

(a) Authority The Secretary may carry out a program to award cash prizes in recognition of breakthrough achievements in research, development, demonstration, and commercial application that have the potential for application to the performance of the mission of the Department.

(b) Competition requirements The program under subsection (a) may include prizes for the achievement of goals articulated by the Secretary in a specific area through a widely advertised solicitation of submission of results for research, development, demonstration, or commercial application projects.

(c) Prizes for processes and technologies to reduce dependence on imported oil The Secretary, in cooperation with the Freedom Prize Foundation, shall support a program of awarding prizes, to be known as Freedom Prizes, to encourage and recognize the development and deployment of processes and technologies that serve to reduce the dependence of the United States on imported oil.

(d) Relationship to other authority The program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Secretary to acquire, support, or stimulate research, development, demonstration, or commercial application projects.

(e) Coordination In carrying out subsection (a), and for any prize competitions under section 105 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010, the Secretary shall— issue Department-wide guidance on the design, development, and implementation of prize competitions; collect and disseminate best practices on the design and administration of prize competitions; streamline contracting mechanisms for the implementation of prize competitions; and provide training and prize competition design support, as necessary, to Department staff to develop prize competitions and challenges.

(f) Authorization of appropriations There are authorized to be appropriated— $10,000,000tocarryouttheprogramundersubsection(a);and$5,000,000 to carry out the program under subsection (c).

(g) H-prize As part of the program under this section, the Secretary shall carry out a program to competitively award cash prizes in conformity with this subsection to advance the research, development, demonstration, and commercial application of hydrogen energy technologies. The Secretary shall widely advertise prize competitions under this subsection to encourage broad participation, including by individuals, universities (including historically Black colleges and universities and other minority serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons). The Secretary shall announce each prize competition under this subsection by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize. The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions under this subsection, subject to the provisions of this subsection (in this subsection referred to as the “administering entity”). The duties of the administering entity under the agreement shall include— advertising prize competitions under this subsection and their results; raising funds from private entities and individuals to pay for administrative costs and to contribute to cash prizes, including funds provided in exchange for the right to name a prize awarded under this subsection; developing, in consultation with and subject to the final approval of the Secretary, the criteria for selecting winners in prize competitions under this subsection, based on goals provided by the Secretary; determining, in consultation with the Secretary, the appropriate amount and funding sources for each prize to be awarded under this subsection, subject to the final approval of the Secretary with respect to Federal funding; providing advice and consultation to the Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and protecting against the administering entity’s unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from public disclosure. Prizes under this subsection shall consist of Federal appropriated funds and any funds provided by the administering entity (including funds raised pursuant to subparagraph (C)(ii)) for such cash prize programs. The Secretary may accept funds from other Federal agencies for such cash prizes and, notwithstanding section 3302(b) of title 31 , may use such funds for the cash prize program under this subsection. Other than publication of the names of prize sponsors, the Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the Secretary or administering entity. The Secretary may not issue a notice required by subparagraph (B)(ii) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by the administering entity. The Secretary may increase the amount of a prize after an initial announcement is made under subparagraph (B)(ii) if— notice of the increase is provided in the same manner as the initial notice of the prize; and the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity. The authority to announce prize competitions under this subsection shall terminate on September 30, 2018 . The Secretary shall establish prizes under this subsection for— advancements in technologies, components, or systems related to— hydrogen production; hydrogen storage; hydrogen distribution; and hydrogen utilization; prototypes of hydrogen-powered vehicles or other hydrogen-based products that best meet or exceed objective performance criteria, such as completion of a race over a certain distance or terrain or generation of energy at certain levels of efficiency; and transformational changes in technologies for the distribution or production of hydrogen that meet or exceed far-reaching objective criteria, which shall include minimal carbon emissions and which may include cost criteria designed to facilitate the eventual market success of a winning technology. To the extent permitted under paragraph (1)(E), the prizes authorized under subparagraph (A)(i) shall be awarded biennially to the most significant advance made in each of the four subcategories described in subclauses (I) through (IV) of subparagraph (A)(i) since the submission deadline of the previous prize competition in the same category under subparagraph (A)(i) or December 19, 2007 , whichever is later, unless no such advance is significant enough to merit an award. No one such prize may exceed $1,000,000.Iflessthan$4,000,000 is available for a prize competition under subparagraph (A)(i), the Secretary may omit one or more subcategories, reduce the amount of the prizes, or not hold a prize competition. To the extent permitted under paragraph (1)(E), prizes authorized under subparagraph (A)(ii) shall be awarded biennially in alternate years from the prizes authorized under subparagraph (A)(i). The Secretary is authorized to award up to one prize in this category in each 2-year period. No such prize may exceed $4,000,000.Ifnoregisteredparticipantsmeettheobjectiveperformancecriteriaestablishedpursuanttosubparagraph(C)foracompetitionunderthisclause,theSecretaryshallnotawardaprize.Totheextentpermittedunderparagraph(1)(E),theSecretaryshallannounceoneprizecompetitionauthorizedundersubparagraph(A)(iii)assoonafterDecember19,2007,asispracticable.Aprizeofferedunderthisclauseshallbenotlessthan$10,000,000, paid to the winner in a lump sum, and an additional amount paid to the winner as a match for each dollar of private funding raised by the winner for the hydrogen technology beginning on the date the winner was named. The match shall be provided for 3 years after the date the prize winner is named or until the full amount of the prize has been paid out, whichever occurs first. A prize winner may elect to have the match amount paid to another entity that is continuing the development of the winning technology. The Secretary shall announce the rules for receiving the match in the notice required by paragraph (1)(B)(ii). The Secretary shall award a prize under this clause only when a registered participant has met the objective criteria established for the prize pursuant to subparagraph (C) and announced pursuant to paragraph (1)(B)(ii). Not more than $10,000,000inFederalfundsmaybeusedfortheprizeawardunderthisclause.Theadministeringentityshallseektoraise$40,000,000 toward the matching award under this clause. In establishing the criteria required by this subsection, the Secretary— shall consult with the Department’s Hydrogen Technical and Fuel Cell Advisory Committee; shall consult with other Federal agencies, including the National Science Foundation; and may consult with other experts such as private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering. For each prize competition under this subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges to select the winner or winners on the basis of the criteria established under subparagraph (C). Judges for each prize competition shall include individuals from outside the Department, including from the private sector. A judge, spouse, minor children, and members of the judge’s household may not— have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which he or she will serve as a judge; or have a familial or financial relationship with an individual who is a registered participant in the prize competition for which he or she will serve as a judge. To be eligible to win a prize under this subsection, an individual or entity— shall have complied with all the requirements in accordance with the Federal Register notice required under paragraph (1)(B)(ii); in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment. The Federal Government shall not, by virtue of offering or awarding a prize under this subsection, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this subsection. This paragraph shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this subsection. The Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants’ participation in a competition under this subsection. The Secretary shall give notice of any waiver required under this subparagraph in the notice required by paragraph (1)(B)(ii). The Secretary may not require a registered participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the registered participant’s trade secrets or confidential business information. Registered participants in a prize competition under this subsection shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by— a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this subsection; and the Federal Government for damage or loss to Government property resulting from such an activity. The Federal Government shall be named as an additional insured under a registered participant’s insurance policy required under clause (i)(I), and registered participants shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to competition activities under this subsection. Not later than 60 days after the awarding of the first prize under this subsection, and annually thereafter, the Secretary shall transmit to the Congress a report that— identifies each award recipient; describes the technologies developed by each award recipient; and specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection. There are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2008 through 2017 for carrying out this subsection— $20,000,000forawardsdescribedinparagraph(2)(A)(i);$20,000,000 for awards described in paragraph (2)(A)(ii); and $10,000,000fortheawarddescribedinparagraph(2)(A)(iii).Inadditiontotheamountsauthorizedinclause(i),thereareauthorizedtobeappropriatedtotheSecretaryforeachoffiscalyears2008and2009$2,000,000 for the administrative costs of carrying out this subsection. Funds appropriated for prize awards under this subsection shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this subsection permits obligation or payment of funds in violation of section 1341 of title 31 (commonly referred to as the Anti-Deficiency Act). The programs created under this subsection shall not be considered a substitute for Federal research and development programs.

(h) Report In accordance with section 16391a of this title , the Secretary shall report annually on a description of any prize competitions carried out using the authority under this section, the total amount of prizes awarded along with any private sector contributions, the methods used for solicitation and evaluation, and a description of how each prize competition advanced the mission of the Department.

§ 16411 Workforce trends and traineeship grants

(a) Definitions In this section: The term “energy technology industry” includes— a renewable energy industry; a company that develops or commercializes a device to increase energy efficiency; the oil and gas industry; the nuclear power industry; the coal industry; the electric utility industry; and any other industrial sector, as the Secretary determines to be appropriate. The term “skilled technical personnel” means— journey- and apprentice-level workers who are enrolled in, or have completed, a federally-recognized or State-recognized apprenticeship program; and other skilled workers in energy technology industries, as determined by the Secretary.

(b) Workforce trends The Secretary, in consultation with, and using data collected by, the Secretary of Labor, shall monitor trends in the workforce of— skilled technical personnel that support energy technology industries; and electric power and transmission engineers. Not later than 1 year after August 8, 2005 , the Secretary shall submit to Congress a report on current trends under paragraph (1), with recommendations (as appropriate) to meet the future labor requirements for the energy technology industries. As soon as practicable after the date on which the Secretary identifies or predicts a significant national shortage of skilled technical personnel in one or more energy technology industries, the Secretary shall submit to Congress a report describing the shortage.

(c) Traineeship grants for skilled technical personnel The Secretary, in consultation with the Secretary of Labor, may establish programs in the appropriate offices of the Department under which the Secretary provides grants to enhance training (including distance learning) for any workforce category for which a shortage is identified or predicted under subsection (b)(2).

(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2008.

§ 16412 Training guidelines for nonnuclear electric energy industry personnel

(a) In general The Secretary of Labor, in consultation with the Secretary and in conjunction with the electric industry and recognized employee representatives, shall develop model personnel training guidelines to support the reliability and safety of the nonnuclear electric system.

(b) Requirements The training guidelines under subsection (a) shall, at a minimum— include training requirements for workers engaged in the construction, operation, inspection, or maintenance of nonnuclear electric generation, transmission, or distribution systems, including requirements relating to— competency; certification; and assessment, including— initial and continuous evaluation of workers; recertification procedures; and methods for examining or testing the qualification of an individual who performs a covered task; and consolidate training guidelines in existence on the date on which the guidelines under subsection (a) are developed relating to the construction, operation, maintenance, and inspection of nonnuclear electric generation, transmission, and distribution facilities, such as guidelines established by the National Electric Safety Code and other industry consensus standards.

§ 16413 National Center for Energy Management and Building Technologies

The Secretary shall support the ongoing activities of and explore opportunities for expansion of the National Center for Energy Management and Building Technologies to carry out research, education, and training activities to facilitate the improvement of energy efficiency, indoor environmental quality, and security of industrial, commercial, residential, and public buildings. ( Pub. L. 109–58, title XI, § 1104 , Aug. 8, 2005 , 119 Stat. 939 .)

§ 16414 National Power Plant Operations Technology and Educational Center

(a) Establishment The Secretary shall support the establishment of a National Power Plant Operations Technology and Education Center (referred to in this section as the “Center”), to address the need for training and educating certified operators and technicians for the electric power industry.

(b) Location of Center The Secretary shall support the establishment of the Center at an institution of higher education that has— expertise in providing degree programs in electric power generation, transmission, and distribution technologies; expertise in providing onsite and Internet-based training; and demonstrated responsiveness to workforce and training requirements in the electric power industry.

(c) Training and continuing education The Center shall provide training and continuing education in electric power generation, transmission, and distribution technologies and operations. The Center shall carry out training and education activities under paragraph (1)— at the Center; and through Internet-based information technologies that allow for learning at remote sites.

§ 16421 Third-party finance

(a) Existing facilities The Secretary, acting through the Administrator of the Western Area Power Administration (hereinafter in this section referred to as “WAPA”), or through the Administrator of the Southwestern Power Administration (hereinafter in this section referred to as “SWPA”), or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, an electric power transmission facility and related facilities (“Project”) needed to upgrade existing transmission facilities owned by SWPA or WAPA if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project— is located in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act [ 16 U.S.C. 824p(a) ] and will reduce congestion of electric transmission in interstate commerce; or is necessary to accommodate an actual or projected increase in demand for electric transmission capacity; is consistent with— transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [ 16 U.S.C. 791a et seq.]), if any, or approved regional reliability organization; and efficient and reliable operation of the transmission grid; and would be operated in conformance with prudent utility practice.

(b) New facilities The Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities (“Project”) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project— is located in an area designated under section 216(a) of the Federal Power Act [ 16 U.S.C. 824p(a) ] and will reduce congestion of electric transmission in interstate commerce; or is necessary to accommodate an actual or projected increase in demand for electric transmission capacity; is consistent with— transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [ 16 U.S.C. 791a et seq.]) if any, or approved regional reliability organization; and efficient and reliable operation of the transmission grid; will be operated in conformance with prudent utility practice; will be operated by, or in conformance with the rules of, the appropriate (A) Transmission Organization, if any, or (B) if such an organization does not exist, regional reliability organization; and will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings.

(c) Other funds In carrying out a Project under subsection (a) or (b), the Secretary may accept and use funds contributed by another entity for the purpose of carrying out the Project. The contributed funds shall be available for expenditure for the purpose of carrying out the Project— without fiscal year limitation; and as if the funds had been appropriated specifically for that Project. In carrying out a Project under subsection (a) or (b), any costs of the Project not paid for by contributions from another entity shall be collected through rates charged to customers using the new transmission capability provided by the Project and allocated equitably among these project beneficiaries using the new transmission capability.

(d) Relationship to other laws Nothing in this section affects any requirement of— any Federal environmental law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); any Federal or State law relating to the siting of energy facilities; or any existing authorizing statutes.

(e) Savings clause Nothing in this section shall constrain or restrict an Administrator in the utilization of other authority delegated to the Administrator of WAPA or SWPA.

(f) Secretarial determinations Any determination made pursuant to subsections 1 (a) or (b) shall be based on findings by the Secretary using the best available data.

(g) Maximum funding amount The Secretary shall not accept and use more than $100,000,000 under subsection (c)(1) for the period encompassing fiscal years 2006 through 2015.

§ 16421a Western Area Power Administration borrowing authority

(a) Definitions In this section: The term “Administrator” means the Administrator of the Western Area Power Administration. The term “Secretary” means the Secretary of the Treasury.

(b) Authority Notwithstanding any other provision of law, subject to paragraphs (2) through (5)— the Western Area Power Administration may borrow funds from the Treasury; and the Secretary shall, without further appropriation and without fiscal year limitation, loan to the Western Area Power Administration, on such terms as may be fixed by the Administrator and the Secretary, such sums (not to exceed, in the aggregate (including deferred interest), $3,250,000,000inoutstandingrepayablebalancesatanyonetime)as,inthejudgmentoftheAdministrator,arefromtimetotimerequiredforthepurposeof—constructing,financing,facilitating,planning,operating,maintaining,orstudyingconstructionofneworupgradedelectricpowertransmissionlinesandrelatedfacilitieswithatleastoneterminuswithintheareaservedbytheWesternAreaPowerAdministration;anddeliveringorfacilitatingthedeliveryofpowergeneratedbyrenewableenergyresourcesconstructedorreasonablyexpectedtobeconstructedafterFebruary17,2009.TherateofinteresttobechargedinconnectionwithanyloanmadepursuanttothissubsectionshallbefixedbytheSecretary,takingintoconsiderationmarketyieldsonoutstandingmarketableobligationsoftheUnitedStatesofcomparablematuritiesasofthedateoftheloan.TheWesternAreaPowerAdministrationmayrefinanceloanstakenpursuanttothissectionwithintheTreasury.TheAdministratormaypermitotherentitiestoparticipateinthefinancing,constructionandownershipprojectsfinancedunderthissection.EffectiveuponFebruary17,2009,theAdministratorshallhavetheauthoritytohaveutilized$1,750,000,000 at any one time. If the Administrator seeks to borrow funds above $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first such request, a joint resolution that rescinds the remainder of the balance of the borrowing authority provided in this section.

(c) Transmission line and related facility projects For repayment purposes, each transmission line and related facility project in which the Western Area Power Administration participates pursuant to this section shall be treated as separate and distinct from— each other such project; and all other Western Area Power Administration power and transmission facilities. The Western Area Power Administration shall apply the proceeds from the use of the transmission capacity from an individual project under this section to the repayment of the principal and interest of the loan from the Treasury attributable to that project, after reserving such funds as the Western Area Power Administration determines are necessary— to pay for any ancillary services that are provided; and to meet the costs of operating and maintaining the new project from which the revenues are derived. Revenue from the use of projects under this section shall be the only source of revenue for— repayment of the associated loan for the project; and payment of expenses for ancillary services and operation and maintenance. Nothing in this section confers on the Administrator any additional authority or obligation to provide ancillary services to users of transmission facilities developed under this section. Revenue from ancillary services provided by existing Federal power systems to users of transmission projects funded pursuant to this section shall be treated as revenue to the existing power system that provided the ancillary services.

(d) Certification For each project in which the Western Area Power Administration participates pursuant to this section, the Administrator shall certify, prior to committing funds for any such project, that— the project is in the public interest; the project will not adversely impact system reliability or operations, or other statutory obligations; and it is reasonable to expect that the proceeds from the project shall be adequate to make repayment of the loan. If, at the end of the useful life of a project, there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven. Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven. The Administrator shall notify the Secretary of such amounts as are to be forgiven under this paragraph.

(e) Public processes Prior to requesting any loans under this section, the Administrator shall use a public process to develop practices and policies that implement the authority granted by this section. In the course of selecting potential projects to be funded under this section, the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.

§ 16422 Advanced transmission technologies

(a) Definition of advanced transmission technology In this section, the term “advanced transmission technology” means a technology that increases the capacity, efficiency, or reliability of an existing or new transmission facility, including— high-temperature lines (including superconducting cables); underground cables; advanced conductor technology (including advanced composite conductors, high-temperature low-sag conductors, and fiber optic temperature sensing conductors); high-capacity ceramic electric wire, connectors, and insulators; optimized transmission line configurations (including multiple phased transmission lines); modular equipment; wireless power transmission; ultra-high voltage lines; high-voltage DC technology; flexible AC transmission systems; energy storage devices (including pumped hydro, compressed air, superconducting magnetic energy storage, flywheels, and batteries); controllable load; distributed generation (including PV, fuel cells, and microturbines); enhanced power device monitoring; direct system state sensors; fiber optic technologies; power electronics and related software (including real time monitoring and analytical software); mobile transformers and mobile substations; and any other technologies the Commission considers appropriate.

(b) Authority In carrying out the Federal Power Act ( 16 U.S.C. 791a et seq.) and the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq.), the Commission shall encourage, as appropriate, the deployment of advanced transmission technologies.

§ 16423 Advanced Power System Technology Incentive Program

(a) Program The Secretary is authorized to establish an Advanced Power System Technology Incentive Program to support the deployment of certain advanced power system technologies and to improve and protect certain critical governmental, industrial, and commercial processes. Funds provided under this section shall be used by the Secretary to make incentive payments to eligible owners or operators of advanced power system technologies to increase power generation through enhanced operational, economic, and environmental performance. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing an applicant as either— a qualifying advanced power system technology facility; or a qualifying security and assured power facility.

(b) Incentives Subject to availability of funds, a payment of 1.8 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying advanced power system technology facility under this section for electricity generated at such facility. An additional 0.7 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying security and assured power facility for electricity generated at such facility. Any facility qualifying under this section shall be eligible for an incentive payment for up to, but not more than, the first 10,000,000 kilowatt-hours produced in any fiscal year.

(c) Eligibility For purposes of this section: The term “qualifying advanced power system technology facility” means a facility using an advanced fuel cell, turbine, or hybrid power system or power storage system to generate or store electric energy. The term “qualifying security and assured power facility” means a qualifying advanced power system technology facility determined by the Secretary, in consultation with the Secretary of Homeland Security, to be in critical need of secure, reliable, rapidly available, high-quality power for critical governmental, industrial, or commercial applications.

(d) Authorization There are authorized to be appropriated to the Secretary for the purposes of this section, $10,000,000 for each of the fiscal years 2006 through 2012.

§ 16431 Federal utility participation in transmission organizations

(a) Definitions In this section: The term “appropriate Federal regulatory authority” means— in the case of a Federal power marketing agency, the Secretary, except that the Secretary may designate the Administrator of a Federal power marketing agency to act as the appropriate Federal regulatory authority with respect to the transmission system of the Federal power marketing agency; and in the case of the Tennessee Valley Authority, the Board of Directors of the Tennessee Valley Authority. The term “Federal power marketing agency” has the meaning given the term in section 796 of title 16 . The term “Federal utility” means— a Federal power marketing agency; or the Tennessee Valley Authority. The term “Transmission Organization” has the meaning given the term in section 796 of title 16 . The term “transmission system” means an electric transmission facility owned, leased, or contracted for by the United States and operated by a Federal utility.

(b) Transfer The appropriate Federal regulatory authority may enter into a contract, agreement, or other arrangement transferring control and use of all or part of the transmission system of a Federal utility to a Transmission Organization.

(c) Contents The contract, agreement, or arrangement shall include— performance standards for operation and use of the transmission system that the head of the Federal utility determines are necessary or appropriate, including standards that ensure— recovery of all of the costs and expenses of the Federal utility related to the transmission facilities that are the subject of the contract, agreement, or other arrangement; consistency with existing contracts and third-party financing arrangements; and consistency with the statutory authorities, obligations, and limitations of the Federal utility; provisions for monitoring and oversight by the Federal utility of the Transmission Organization’s terms and conditions of the contract, agreement, or other arrangement, including a provision for the resolution of disputes through arbitration or other means with the Transmission Organization or with other participants, notwithstanding the obligations and limitations of any other law regarding arbitration; and a provision that allows the Federal utility to withdraw from the Transmission Organization and terminate the contract, agreement, or other arrangement in accordance with its terms.

(d) Commission Neither this section, actions taken pursuant to this section, nor any other transaction of a Federal utility participating in a Transmission Organization shall confer on the Commission jurisdiction or authority over— the electric generation assets, electric capacity, or energy of the Federal utility that the Federal utility is authorized by law to market; or the power sales activities of the Federal utility.

(e) Existing statutory and other obligations No statutory provision requiring or authorizing a Federal utility to transmit electric power or to construct, operate, or maintain the transmission system of the Federal utility prohibits a transfer of control and use of the transmission system pursuant to, and subject to, the requirements of this section. This subsection does not— suspend, or exempt any Federal utility from, any provision of Federal law in effect on August 8, 2005 , including any requirement or direction relating to the use of the transmission system of the Federal utility, environmental protection, fish and wildlife protection, flood control, navigation, water delivery, or recreation; or authorize abrogation of any contract or treaty obligation.

§ 16432 Study on the benefits of economic dispatch

(a) Study The Secretary, in coordination and consultation with the States, shall conduct a study on— the procedures currently used by electric utilities to perform economic dispatch; identifying possible revisions to those procedures to improve the ability of nonutility generation resources to offer their output for sale for the purpose of inclusion in economic dispatch; and the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each State if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch.

(b) Definition The term “economic dispatch” when used in this section means the operation of generation facilities to produce energy at the lowest cost to reliably serve consumers, recognizing any operational limits of generation and transmission facilities.

(c) Report to Congress and the States Not later than 90 days after August 8, 2005 , and on a yearly basis following, the Secretary shall submit a report to Congress and the States on the results of the study conducted under subsection (a), including recommendations to Congress and the States for any suggested legislative or regulatory changes.

§ 16441 Funding new interconnection and transmission upgrades

The Commission may approve a participant funding plan that allocates costs related to transmission upgrades or new generator interconnection, without regard to whether an applicant is a member of a Commission-approved Transmission Organization, if the plan results in rates that— are just and reasonable; are not unduly discriminatory or preferential; and are otherwise consistent with sections 824d and 824e of title 16. ( Pub. L. 109–58, title XII, § 1242 , Aug. 8, 2005 , 119 Stat. 962 .)

§ 16451 Definitions

For purposes of this part: The term “affiliate” of a company means any company, 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company. The term “associate company” of a company means any company in the same holding company system with such company. The term “Commission” means the Federal Energy Regulatory Commission. The term “company” means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing. The term “electric utility company” means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale. The terms “exempt wholesale generator” and “foreign utility company” have the same meanings as in sections 79z–5a and 79z–5b of title 15, as those sections existed on the day before the effective date of this part. The term “gas utility company” means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power. The term “holding company” means— any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public-utility company or of a holding company of any public-utility company; and any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more persons) such a controlling influence over the management or policies of any public-utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this part upon holding companies. The term “holding company” shall not include— a bank, savings association, or trust company, or their operating subsidiaries that own, control, or hold, with the power to vote, public utility or public utility holding company securities so long as the securities are— held as collateral for a loan; held in the ordinary course of business as a fiduciary; or acquired solely for purposes of liquidation and in connection with a loan previously contracted for and owned beneficially for a period of not more than two years; or a broker or dealer that owns, controls, or holds with the power to vote public utility or public utility holding company securities so long as the securities are— not beneficially owned by the broker or dealer and are subject to any voting instructions which may be given by customers or their assigns; or acquired within 12 months in the ordinary course of business as a broker, dealer, or underwriter with the bona fide intention of effecting distribution of the specific securities so acquired. The term “holding company system” means a holding company, together with its subsidiary companies. The term “jurisdictional rates” means rates accepted or established by the Commission for the transmission of electric energy in interstate commerce, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas in interstate commerce, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use. The term “natural gas company” means a person engaged in the transportation of natural gas in interstate commerce or the sale of such gas in interstate commerce for resale. The term “person” means an individual or company. The term “public utility” means any person who owns or operates facilities used for transmission of electric energy in interstate commerce or sales of electric energy at wholesale in interstate commerce. The term “public-utility company” means an electric utility company or a gas utility company. The term “State commission” means any commission, board, agency, or officer, by whatever name designated, of a State, municipality, or other political subdivision of a State that, under the laws of such State, has jurisdiction to regulate public utility companies. The term “subsidiary company” of a holding company means— any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company; and any person, the management or policies of which the Commission, after notice and opportunity for hearing, determines to be subject to a controlling influence, directly or indirectly, by such holding company (either alone or pursuant to an arrangement or understanding with one or more other persons) so as to make it necessary for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this part upon subsidiary companies of holding companies. The term “voting security” means any security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company. ( Pub. L. 109–58, title XII, § 1262 , Aug. 8, 2005 , 119 Stat. 972 .)

§ 16452 Federal access to books and records

(a) In general Each holding company and each associate company thereof shall maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records as the Commission determines are relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.

(b) Affiliate companies Each affiliate of a holding company or of any subsidiary company of a holding company shall maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records with respect to any transaction with another affiliate, as the Commission determines are relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.

(c) Holding company systems The Commission may examine the books, accounts, memoranda, and other records of any company in a holding company system, or any affiliate thereof, as the Commission determines are relevant to costs incurred by a public utility or natural gas company within such holding company system and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.

(d) Confidentiality No member, officer, or employee of the Commission shall divulge any fact or information that may come to his or her knowledge during the course of examination of books, accounts, memoranda, or other records as provided in this section, except as may be directed by the Commission or by a court of competent jurisdiction.

§ 16453 State access to books and records

(a) In general Upon the written request of a State commission having jurisdiction to regulate a public-utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public-utility company, wherever located, shall produce for inspection books, accounts, memoranda, and other records that— have been identified in reasonable detail in a proceeding before the State commission; the State commission determines are relevant to costs incurred by such public-utility company; and are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding.

(b) Limitation Subsection (a) does not apply to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq.).

(c) Confidentiality of information The production of books, accounts, memoranda, and other records under subsection (a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information.

(d) Effect on State law Nothing in this section shall preempt applicable State law concerning the provision of books, accounts, memoranda, and other records, or in any way limit the rights of any State to obtain books, accounts, memoranda, and other records under any other Federal law, contract, or otherwise.

(e) Court jurisdiction Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section.

§ 16454 Exemption authority

(a) Rulemaking Not later than 90 days after the effective date of this part, the Commission shall issue a final rule to exempt from the requirements of section 16452 of this title (relating to Federal access to books and records) any person that is a holding company, solely with respect to one or more— qualifying facilities under the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq.); exempt wholesale generators; or foreign utility companies.

(b) Other authority The Commission shall exempt a person or transaction from the requirements of section 16452 of this title (relating to Federal access to books and records) if, upon application or upon the motion of the Commission— the Commission finds that the books, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company; or the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company.

§ 16455 Affiliate transactions

(a) Commission authority unaffected Nothing in this part shall limit the authority of the Commission under the Federal Power Act ( 16 U.S.C. 791a et seq.) to require that jurisdictional rates are just and reasonable, including the ability to deny or approve the pass through of costs, the prevention of cross-subsidization, and the issuance of such rules and regulations as are necessary or appropriate for the protection of utility consumers.

(b) Recovery of costs Nothing in this part shall preclude the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public-utility company, public utility, or natural gas company may recover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public-utility company from an associate company.

§ 16456 Applicability

Except as otherwise specifically provided in this part, no provision of this part shall apply to, or be deemed to include— the United States; a State or any political subdivision of a State; any foreign governmental authority not operating in the United States; any agency, authority, or instrumentality of any entity referred to in paragraph (1), (2), or (3); or any officer, agent, or employee of any entity referred to in paragraph (1), (2), (3), or (4) acting as such in the course of his or her official duty. ( Pub. L. 109–58, title XII, § 1268 , Aug. 8, 2005 , 119 Stat. 976 .)

§ 16457 Effect on other regulations

Nothing in this part precludes the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to protect utility customers. ( Pub. L. 109–58, title XII, § 1269 , Aug. 8, 2005 , 119 Stat. 976 .)

§ 16458 Enforcement

The Commission shall have the same powers as set forth in sections 825e through 825p of title 16 to enforce the provisions of this part. ( Pub. L. 109–58, title XII, § 1270 , Aug. 8, 2005 , 119 Stat. 976 .)

§ 16459 Savings provisions

(a) In general Nothing in this part, or otherwise in the Public Utility Holding Company Act of 1935, or rules, regulations, or orders thereunder, prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on August 8, 2005 , if that person continues to comply with the terms (other than an expiration date or termination date) of any such authorization, whether by rule or by order.

(b) Effect on other Commission authority Nothing in this part limits the authority of the Commission under the Federal Power Act ( 16 U.S.C. 791a et seq.) or the Natural Gas Act ( 15 U.S.C. 717 et seq.).

(c) Tax treatment Tax treatment under section 1081 1 of title 26 as a result of transactions ordered in compliance with the Public Utility Holding Company Act of 1935 ( 15 U.S.C. 79 et seq.) shall not be affected in any manner due to the repeal of that Act and the enactment of the Public Utility Holding Company Act of 2005 [ 42 U.S.C. 16451 et seq.].

§ 16460 Implementation

Not later than 4 months after August 8, 2005 , the Commission shall— issue such regulations as may be necessary or appropriate to implement this part (other than section 16453 of this title , relating to State access to books and records); and submit to Congress detailed recommendations on technical and conforming amendments to Federal law necessary to carry out this part and the amendments made by this part. ( Pub. L. 109–58, title XII, § 1272 , Aug. 8, 2005 , 119 Stat. 977 .)

§ 16461 Transfer of resources

All books and records that relate primarily to the functions transferred to the Commission under this part shall be transferred from the Securities and Exchange Commission to the Commission. ( Pub. L. 109–58, title XII, § 1273 , Aug. 8, 2005 , 119 Stat. 977 .)

§ 16462 Service allocation

(a) Definition of public utility In this section, the term “public utility” has the meaning given the term in section 824(e) of title 16 .

(b) FERC review In the case of non-power goods or administrative or management services provided by an associate company organized specifically for the purpose of providing such goods or services to any public utility in the same holding company system, at the election of the system or a State commission having jurisdiction over the public utility, the Commission, after the effective date of this part, shall review and authorize the allocation of the costs for such goods or services to the extent relevant to that associate company.

(c) Effect on Federal and State law Nothing in this section shall affect the authority of the Commission or a State commission under other applicable law.

(d) Rules Not later than 4 months after August 8, 2005 , the Commission shall issue rules (which rules shall be effective no earlier than the effective date of this part) to exempt from the requirements of this section any company in a holding company system whose public utility operations are confined substantially to a single State and any other class of transactions that the Commission finds is not relevant to the jurisdictional rates of a public utility.

§ 16463 Authorization of appropriations

There are authorized to be appropriated such funds as may be necessary to carry out this part. ( Pub. L. 109–58, title XII, § 1276 , Aug. 8, 2005 , 119 Stat. 978 .)

§ 16471 Consumer privacy and unfair trade practices

(a) Privacy The Federal Trade Commission may issue rules protecting the privacy of electric consumers from the disclosure of consumer information obtained in connection with the sale or delivery of electric energy to electric consumers.

(b) Slamming The Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State regulatory authority.

(c) Cramming The Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless expressly authorized by law or the electric consumer.

(d) Rulemaking The Federal Trade Commission shall proceed in accordance with section 553 of title 5 when prescribing a rule under this section.

(e) State authority If the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section.

(f) Definitions For purposes of this section: The term “State regulatory authority” has the meaning given that term in section 796(21) of title 16 . The terms “electric consumer” and “electric utility” have the meanings given those terms in section 2602 of title 16 .

§ 16481 Commission defined

In this subchapter, the term “Commission” means the Federal Energy Regulatory Commission. ( Pub. L. 109–58, title XII, § 1291(a) , Aug. 8, 2005 , 119 Stat. 984 .)

§ 16491 Energy production incentives

(a) In general A State may provide to any entity— a credit against any tax or fee owed to the State under a State law, or any other tax incentive, determined by the State to be appropriate, in the amount calculated under and in accordance with a formula determined by the State, for production described in subsection (b) in the State by the entity that receives such credit or such incentive.

(b) Eligible entities Subsection (a) shall apply with respect to the production in the State of electricity from coal mined in the State and used in a facility, if such production meets all applicable Federal and State laws and if such facility uses scrubbers or other forms of clean coal technology.

(c) Effect on interstate commerce Any action taken by a State in accordance with this section with respect to a tax or fee payable, or incentive applicable, for any period beginning after August 8, 2005 , shall— be considered to be a reasonable regulation of commerce; and not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate, against interstate commerce.

§ 16492 Regulation of certain oil used in transformers

Notwithstanding any other provision of law, or rule promulgated by the Environmental Protection Agency, vegetable oil made from soybeans and used in electric transformers as thermal insulation shall not be regulated as an oil identified under section 2720(a)(1)(B) of title 33 . ( Pub. L. 109–58, title XIV, § 1403 , Aug. 8, 2005 , 119 Stat. 1061 .)

§ 16493 National Priority Project Designation

(a) Designation of National Priority Projects There is established the National Priority Project Designation (referred to in this section as the “Designation”), which shall be evidenced by a medal bearing the inscription “National Priority Project”. The medal shall be of such design and materials and bear such additional inscriptions as the President may prescribe.

(b) Making and presentation of Designation The President, on the basis of recommendations made by the Secretary, shall annually designate organizations that have— advanced the field of renewable energy technology and contributed to North American energy independence; and been certified by the Secretary under subsection (e). The President shall designate projects with such ceremonies as the President may prescribe. An organization that receives a Designation under this section may publicize the Designation of the organization as a National Priority Project in advertising. Separate Designations shall be made to qualifying projects in each of the following categories: Wind and biomass energy generation projects. Photovoltaic and fuel cell energy generation projects. Energy efficient building and renewable energy projects. First-in-Class projects.

(c) Selection criteria Certification and selection of the projects to receive the Designation shall be based on criteria established under this subsection. In the case of a wind, biomass, or building project, the project shall demonstrate that the project will install not less than 30 megawatts of renewable energy generation capacity. In the case of a solar photovoltaic or fuel cell project, the project shall demonstrate that the project will install not less than 3 megawatts of renewable energy generation capacity. In the case of an energy efficient building or renewable energy project, in addition to meeting the criteria established under paragraph (2), each building project shall demonstrate that the project will— comply with third-party certification standards for high-performance, sustainable buildings; use whole-building integration of energy efficiency and environmental performance design and technology, including advanced building controls; use renewable energy for at least 50 percent of the energy consumption of the project; comply with applicable Energy Star standards; and include at least 5,000,000 square feet of enclosed space. Notwithstanding paragraphs (2) through (4), a new building project may qualify under this section if the Secretary determines that the project— represents a First-In-Class use of renewable energy; or otherwise establishes a new paradigm of building integrated renewable energy use or energy efficiency.

(d) Application No later than 120 days after August 8, 2005 , and annually thereafter, the Secretary shall publish in the Federal Register an invitation and guidelines for submitting applications, consistent with this section. The application shall describe the project, or planned project, and the plans to meet the criteria established under subsection (c).

(e) Certification Not later than 60 days after the application period described in subsection (d), and annually thereafter, the Secretary shall certify projects that are reasonably expected to meet the criteria established under subsection (c). The Secretary shall designate personnel of the Department to work with persons carrying out each certified project and ensure that the personnel— provide each certified project with guidance in meeting the criteria established under subsection (c); identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.

(f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2010.

§ 16494 Oxygen-fuel

(a) Program The Secretary shall establish a program on oxygen-fuel systems. If feasible, the program shall include renovation of at least one existing large unit and one existing small unit, and construction of one new large unit and one new small unit.

(b) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section— $100,000,000forfiscalyear2006;$100,000,000 for fiscal year 2007; and $100,000,000 for fiscal year 2008.

(c) Definitions For purposes of this section— the term “large unit” means a unit with a generating capacity of 100 megawatts or more; the term “oxygen-fuel systems” means systems that utilize fuel efficiency benefits of oil, gas, coal, and biomass combustion using substantially pure oxygen, with high flame temperatures and the exclusion of air from the boiler, in industrial or electric utility steam generating units; and the term “small unit” means a unit with a generating capacity in the 10–50 megawatt range.

§ 16501 Commercial byproducts from municipal solid waste and cellulosic biomass loan guarantee program

(a) Definition of municipal solid waste In this section, the term “municipal solid waste” has the meaning given the term “solid waste” in section 6903 of this title .

(b) Establishment of program The Secretary shall establish a program to provide guarantees of loans by private institutions for the construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts.

(c) Requirements The Secretary may provide a loan guarantee under subsection (b) to an applicant if— without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b); the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.

(d) Criteria In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that— meet all applicable Federal and State permitting requirements; are most likely to be successful; and are located in local markets that have the greatest need for the facility because of— the limited availability of land for waste disposal; the availability of sufficient quantities of cellulosic biomass; or a high level of demand for fuel ethanol or other commercial byproducts of the facility.

(e) Maturity A loan guaranteed under subsection (b) shall have a maturity of not more than 20 years.

(f) Terms and conditions The loan agreement for a loan guaranteed under subsection (b) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary.

(g) Assurance of repayment The Secretary shall require that an applicant for a loan guarantee under subsection (b) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.

(h) Guarantee fee The recipient of a loan guarantee under subsection (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.

(i) Full faith and credit The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan.

(j) Reports Until each guaranteed loan under this section has been repaid in full, the Secretary shall annually submit to Congress a report on the activities of the Secretary under this section.

(k) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

(l) Termination of authority The authority of the Secretary to issue a loan guarantee under subsection (b) terminates on the date that is 10 years after August 8, 2005 .

§ 16502 Advanced Biofuel Technologies Program

(a) In general Subject to the availability of appropriations under subsection (d), the Administrator of the Environmental Protection Agency shall, in consultation with the Secretary of Agriculture and the Biomass Research and Development Technical Advisory Committee established under section 8605 1 of title 7, establish a program, to be known as the “Advanced Biofuel Technologies Program”, to demonstrate advanced technologies for the production of alternative transportation fuels.

(b) Priority In carrying out the program under subsection (a), the Administrator shall give priority to projects that enhance the geographical diversity of alternative fuels production and utilize feedstocks that represent 10 percent or less of ethanol or biodiesel fuel production in the United States during the previous fiscal year.

(c) Demonstration projects As part of the program under subsection (a), the Administrator shall fund demonstration projects— to develop not less than 4 different conversion technologies for producing cellulosic biomass ethanol; and to develop not less than 5 technologies for coproducing value-added bioproducts (such as fertilizers, herbicides, and pesticides) resulting from the production of biodiesel fuel. Demonstration projects under this subsection shall be— conducted based on a merit-reviewed, competitive process; and subject to the cost-sharing requirements of section 16352 of this title .

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section $110,000,000 for each of fiscal years 2005 through 2009.

§ 16503 Sugar ethanol loan guarantee program

(a) In general Funds may be provided for the cost (as defined in section 661a of title 2 ) of loan guarantees issued under title XIV 1 to carry out commercial demonstration projects for ethanol derived from sugarcane, bagasse, and other sugarcane byproducts.

(b) Demonstration projects The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock.

(c) Requirements An applicant for a loan guarantee under this section may provide assurances, satisfactory to the Secretary, that— the project design has been validated through the operation of a continuous process facility; the project has been subject to a full technical review; the project, with the loan guarantee, is economically viable; and there is a reasonable assurance of repayment of the guaranteed loan.

(d) Limitations Except as provided in paragraph (2), a loan guarantee under this section— may be issued for up to 80 percent of the estimated cost of a project; but shall not exceed $50,000,000 for any 1 project. The Secretary may issue additional loan guarantees for a project to cover— up to 80 percent of the excess of actual project costs; but not to exceed 15 percent of the amount of the original loan guarantee. Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan guarantee made under subparagraph (A).

§ 16511 Definitions

In this subchapter: The term “commercial technology” means a technology in general use in the commercial marketplace. The term “commercial technology” does not include a technology solely by use of the technology in a demonstration project funded by the Department. The term “cost” has the meaning given the term “cost of a loan guarantee” within the meaning of section 661a(5)(C) of title 2 . The term “eligible project” means a project described in section 16513 of this title . The term “guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2 , except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations). The term “guarantee” includes a loan guarantee commitment (as defined in section 661a of title 2 ). The term “obligation” means the loan or other debt obligation that is guaranteed under this section. The term “State” has the meaning given the term in section 6802 of this title . The term “State energy financing institution” means a quasi-independent entity or an entity within a State agency or financing authority established by a State— to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects. The term “State energy financing institution” includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation. ( Pub. L. 109–58, title XVII, § 1701 , Aug. 8, 2005 , 119 Stat. 1117 ; Pub. L. 117–58, div. D, title IV, § 40401(c)(1) , Nov. 15, 2021 , 135 Stat. 1037 ; Pub. L. 117–169, title V, § 50141(e) , Aug. 16, 2022 , 136 Stat. 2043 .)

§ 16512 Terms and conditions

(a) In general Except for division C of Public Law 108–324 [ 15 U.S.C. 720 et seq.], the Secretary shall make guarantees under this or any other Act for projects, including projects receiving financial support or credit enhancements from a State energy financing institution, on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, only in accordance with this section.

(b) Specific appropriation or contribution Except as provided in paragraph (2), the cost of a guarantee shall be paid by the Secretary using an appropriation made for the cost of the guarantee, subject to the availability of such an appropriation. If sufficient appropriated funds to pay the cost of a guarantee are not available, then the guarantee shall not be made unless— the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or a combination of one or more appropriations and one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost of the guarantee. The source of a payment received from a borrower under subparagraph (A) or (B) of paragraph (2) may not be a loan or other debt obligation that is made or guaranteed by the Federal Government.

(c) Amount Unless otherwise provided by law, a guarantee by the Secretary shall not exceed an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.

(d) Repayment No guarantee, including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution, shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower. The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including, as applicable, an evaluation of— the strength of the contractual terms of the eligible project (if commercially reasonably available); the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; cash sweeps and other structure enhancements; the projected financial strength of the borrower— at the time of loan close; and throughout the loan term after the project is completed; the financial strength of the investors and strategic partners of the borrower, if applicable; and other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. No guarantee shall be made unless the Secretary determines that the amount of the obligation (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project. The obligation shall be subject to the condition that the obligation, including any reorganization, restructuring, or termination thereof, shall not at any time be subordinate to other financing.

(e) Interest rate An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks.

(f) Term The term of an obligation shall require full repayment over a period not to exceed the lesser of— 30 years; or 90 percent of the projected useful life of the physical asset to be financed by the obligation (as determined by the Secretary).

(g) Defaults If a borrower defaults on the obligation (as defined in regulations promulgated by the Secretary and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Secretary. Within such period as may be specified in the guarantee or related agreements, the Secretary shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. Nothing in this subsection precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary. If the Secretary makes a payment under paragraph (1), the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to— complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines this to be in the public interest. The rights of the Secretary, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. A guarantee agreement shall include such detailed terms and conditions as the Secretary determines appropriate to— protect the interests of the United States in the case of default; and have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project. With respect to any obligation guaranteed under this section, the Secretary may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Secretary finds that— the borrower is unable to meet the payments and is not in default; it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and the borrower agrees to reimburse the Secretary for the payment (including interest) on terms and conditions that are satisfactory to the Secretary. If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default. On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from— such assets of the defaulting borrower as are associated with the obligation; or any other security pledged to secure the obligation.

(h) Fees The Secretary shall charge, and collect on or after the date of the financial close of an obligation, a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary). Fees collected under this subsection shall— be deposited by the Secretary into the Treasury; and remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. Notwithstanding paragraph (1) and subject to the availability of appropriations, the Secretary may reduce the amount of a fee for a guarantee under this subsection.

(i) Records; audits A recipient of a guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents.

(j) Full faith and credit The full faith and credit of the United States is pledged to the payment of all guarantees issued under this section with respect to principal and interest.

(k) Wage rate requirements All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part by a loan guaranteed under this subchapter shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 ( 64 Stat. 1267 ; 5 U.S.C. App.) and section 3145 of title 40 .

(l) Restructuring of loan guarantees The Secretary shall consult with the Secretary of the Treasury regarding any restructuring of the terms or conditions of a guarantee issued pursuant to this subchapter, including with respect to any deviations from the financial terms of the guarantee.

(m) Written analysis The Secretary may not make a guarantee under this subchapter until the Secretary of the Treasury has transmitted to the Secretary, and the Secretary has taken into consideration, a written analysis of the financial terms and conditions of the proposed guarantee. Not later than 30 days after receiving information on a proposed guarantee from the Secretary, the Secretary of the Treasury shall transmit the written analysis of the financial terms and conditions of the proposed guarantee required under paragraph (1) to the Secretary. If the Secretary makes a guarantee the financial terms and conditions of which are not consistent with the written analysis required under this subsection, not later than 30 days after making such guarantee, the Secretary shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a written explanation of any material inconsistencies.

(n) Application status If the Secretary does not make a final decision on an application for a guarantee under this subchapter by the date that is 180 days after receipt of the application by the Secretary, the applicant may request, on or after that date and not more than once every 60 days thereafter until a final decision is made, that the Secretary provide to the applicant a response described in paragraph (2). Not later than 10 days after receiving a request from an applicant under paragraph (1), the Secretary shall provide to the applicant a response that includes— a description of the current status of review of the application; a summary of any factors that are delaying a final decision on the application, a list of what items are required in order to reach a final decision, citations to authorities stating the reasons why such items are required, and a list of actions the applicant can take to expedite the process; and an estimate of when a final decision on the application will be made.

(o) Outreach In carrying out this subchapter, the Secretary shall— provide assistance with the completion of applications for a guarantee under this subchapter; conduct outreach, including through conferences and online programs, to disseminate information to potential applicants; conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects and projects described in section 16517(a) of this title .

(p) Coordination In carrying out this subchapter, the Secretary shall coordinate activities under this subchapter with activities of other relevant offices with the Department.

(q) Report Not later than 2 years after December 27, 2020 , and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of applications for, and projects receiving, guarantees under this title, including— a list of such projects, including the guarantee amount, construction status, and financing partners of each such project; the status of each such project’s loan repayment, including interest paid and future repayment projections; an estimate of the air pollutant or greenhouse gas emissions avoided or reduced from each such project; data regarding the number of direct and indirect jobs retained, restored, or created by such projects; identification of— technologies deployed by projects that have received guarantees that have subsequently been deployed commercially without guarantees; and novel technologies that have been deployed by such projects and deployed in the commercial energy market; the number of new projects projected to receive a guarantee under this subchapter during the next 2 years and the aggregate guarantee amount; the number of outreach engagements conducted with potential applicants; the number of applications received and currently pending for each open solicitation; and any other metrics the Secretary finds appropriate.

(r) 11 So in original. Two subsecs. (r) have been enacted. Conflicts of interest For each project selected for a guarantee under this subchapter, the Secretary shall certify that political influence did not impact the selection of the project.

(r) 1 State energy financing institutions To be eligible for a guarantee under this subchapter, a project receiving financial support or credit enhancements from a State energy financing institution— shall meet the requirements of section 16513(a)(1) of this title ; and shall not be required to meet the requirements of section 16513(a)(2) of this title . In carrying out a project receiving a loan guarantee under this subchapter, State energy financing institutions may enter into partnerships with private entities, Tribal entities, and Alaska Native corporations.

§ 16513 Eligible projects

(a) In general The Secretary may make guarantees under this section only for projects that— avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued, including projects that employ elements of commercial technologies in combination with new or significantly improved technologies.

(b) Categories Projects from the following categories shall be eligible for a guarantee under this section: Renewable energy systems. Advanced fossil energy technology (including coal gasification meeting the criteria in subsection (d)). Hydrogen fuel cell technology for residential, industrial, or transportation applications. Advanced nuclear energy facilities, including manufacturing of nuclear supply components for advanced nuclear reactors. Carbon capture, utilization, and sequestration practices and technologies, including— agricultural and forestry practices that store and sequester carbon; and synthetic technologies to remove carbon from the air and oceans. Efficient electrical generation, transmission, and distribution technologies. Efficient end-use energy technologies. Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive vehicles and advanced diesel vehicles. Pollution control equipment. Refineries, meaning facilities at which crude oil is refined into gasoline. Energy storage technologies for residential, industrial, transportation, and power generation applications. Technologies or processes for reducing greenhouse gas emissions from industrial applications, including iron, steel, cement, and ammonia production, hydrogen production, and the generation of high-temperature heat. Projects that increase the domestically produced supply of critical minerals (as defined in section 1606(a) of title 30 ), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.

(c) Gasification projects The Secretary may make guarantees for the following gasification projects: Integrated gasification combined cycle plants meeting the emission levels under subsection (d), including— projects for the generation of electricity— for which, during the term of the guarantee— coal, biomass, petroleum coke, or a combination of coal, biomass, and petroleum coke will account for at least 65 percent of annual heat input; and electricity will account for at least 65 percent of net useful annual energy output; that have a design that is determined by the Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from the plant; that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and on which construction commences not later than the date that is 3 years after the date of the issuance of the guarantee; a project to produce energy from coal (of not more than 13,000 Btu/lb and mined in the western United States) using appropriate advanced integrated gasification combined cycle technology that minimizes and offers the potential to sequester carbon dioxide emissions and that— may include repowering of existing facilities; may be built in stages; shall have a combined output of at least 100 megawatts; shall be located in a western State at an altitude greater than 4,000 feet; and shall demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb; a project located in a taconite-producing region of the United States that is entitled under the law of the State in which the plant is located to enter into a long-term contract approved by a State public utility commission to sell at least 450 megawatts of output to a utility; facilities that— generate one or more hydrogen-rich and carbon monoxide-rich product streams from the gasification of coal or coal waste; and use those streams to facilitate the production of ultra clean premium fuels through the Fischer-Tropsch process; and a project to produce energy and clean fuels, using appropriate coal liquefaction technology, from Western bituminous or subbituminous coal, that— is owned by a State government; and may include tribal and private coal resources. Facilities that gasify coal, biomass, or petroleum coke in any combination to produce synthesis gas for use as a fuel or feedstock and for which electricity accounts for less than 65 percent of the useful energy output of the facility. The Secretary is encouraged to make loan guarantees under this subchapter available for petroleum coke gasification projects. Notwithstanding any other provision of law, funds awarded under the Department of Energy’s Clean Coal Power Initiative for Fischer-Tropsch coal-to-oil liquefaction projects may be used to finance the cost of loan guarantees for projects awarded such funds.

(d) Emission levels In addition to any other applicable Federal or State emission limitation requirements, a project shall attain at least— total sulfur dioxide emissions in flue gas from the project that do not exceed 0.05 lb/MMBtu; a 90-percent removal rate (including any fuel pretreatment) of mercury from the coal-derived gas, and any other fuel, combusted by the project; total nitrogen oxide emissions in the flue gas from the project that do not exceed 0.08 lb/MMBtu; and total particulate emissions in the flue gas from the project that do not exceed 0.01 lb/MMBtu.

(e) Qualification of facilities receiving tax credits A project that receives tax credits for clean coal technology shall not be disqualified from receiving a guarantee under this subchapter.

(f) Regional variation Notwithstanding subsection (a)(2), the Secretary may, if regional variation significantly affects the deployment of a technology, make guarantees under this subchapter for up to 6 projects that employ the same or similar technology as another project, provided no more than 2 projects that use the same or a similar technology are located in the same region of the United States.

§ 16514 Authorization of appropriations

(a) In general There are authorized to be appropriated such sums as are necessary to provide the cost of guarantees under this subchapter.

(b) Use of other appropriated funds The Department may use amounts awarded under the Clean Coal Power Initiative to carry out the project described in section 16513(c)(1)(C) of this title , on the request of the recipient of such award, for a loan guarantee, to the extent that the amounts have not yet been disbursed to, or have been repaid by, the recipient.

(c) Administrative and other expenses There are authorized to be appropriated— $32,000,000foreachoffiscalyears2021through2025tocarryoutthissubchapter;andforfiscalyear2021,inadditiontoamountsauthorizedunderparagraph(1),$25,000,000, to remain available until expended, for administrative expenses described in section 16512(h)(1) of this title that are not covered by fees collected pursuant to section 16512(h) of this title .

§ 16515 Limitation on commitments to guarantee loans

(a) Notwithstanding section 101, 1 subject to the Federal Credit Reform Act of 1990, as amended [ 2 U.S.C. 661 et seq.], commitments to guarantee loans under title XVII of the Energy Policy Act of 2005 [ 42 U.S.C. 16501 et seq.] shall not exceed a total principal amount, any part of which is to be guaranteed, of $4,000,000,000: Provided , That there are appropriated for the cost of the guaranteed loans such sums as are hereafter derived from amounts received from borrowers pursuant to section 16512(b)(2) of this title , to remain available until expended: Provided further , That the source of payments received from borrowers for the subsidy cost shall not be a loan or other debt obligation that is made or guaranteed by the Federal government. 2 In addition, fees collected pursuant to section 16512(h) of this title in fiscal year 2007 shall be credited as offsetting collections to the Departmental Administration account for administrative expenses of the Loan Guarantee Program: Provided further , That the sum appropriated for administrative expenses for the Loan Guarantee Program shall be reduced by the amount of fees received during fiscal year 2007: Provided further , That any fees collected under section 16512(h) of this title in excess of the amount appropriated for administrative expenses shall not be available until appropriated.

(b) No loan guarantees may be awarded under title XVII of the Energy Policy Act of 2005 [ 42 U.S.C. 16501 et seq.] until final regulations are issued that include— programmatic, technical, and financial factors the Secretary will use to select projects for loan guarantees; policies and procedures for selecting and monitoring lenders and loan performance; and any other policies, procedures, or information necessary to implement title XVII of the Energy Policy Act of 2005.

(c) The Secretary of Energy shall enter into an arrangement with an independent auditor for annual evaluations of the program under title XVII of the Energy Policy Act of 2005 [ 42 U.S.C. 16501 et seq.]. In addition to the independent audit, the Comptroller General shall conduct a review every three years of the Department’s execution of the program under title XVII of the Energy Policy Act of 2005. The results of the independent audit and the Comptroller General’s review shall be provided directly to the Committees on Appropriations of the House of Representatives and the Senate.

(d) The Secretary of Energy shall promulgate final regulations for loan guarantees under title XVII of the Energy Policy Act of 2005 [ 42 U.S.C. 16501 et seq.] within 6 months of February 15, 2007 .

(e) Not later than 120 days after February 15, 2007 , and annually thereafter, the Secretary of Energy shall transmit to the Committees on Appropriations of the House of Representatives and the Senate a report containing a summary of all activities under title XVII of the Energy Policy Act of 2005 [ 42 U.S.C. 16511 et seq.], beginning in fiscal year 2007, with a listing of responses to loan guarantee solicitations under such title, describing the technologies, amount of loan guarantee sought, and the applicants’ assessment of risk.

§ 16516 Omitted

§ 16517 Energy infrastructure reinvestment financing

(a) In general Notwithstanding section 16513 of this title , the Secretary may make guarantees, including refinancing, under this section only for projects that— retool, repower, repurpose, or replace energy infrastructure that has ceased operations; enable operating energy infrastructure to increase capacity or output; or support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.

(b) Inclusion A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.

(c) Application To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— a detailed plan describing the proposed project; and in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.

(d) Term Notwithstanding section 16512(f) of this title , the term of an obligation shall require full repayment over a period not to exceed 30 years.

(e) Definition of energy infrastructure In this section, the term “energy infrastructure” means a facility, and associated equipment, used for enabling the identification, leasing, development, production, processing, transportation, transmission, refining, and generation needed for energy and critical minerals.

(f) Funding In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available through September 30, 2028 , to carry out activities under this section. Of the amount made available under paragraph (1), the Secretary shall use not more than 3 percent for administrative expenses.

§ 16521 Report on energy integration with Latin America

The Secretary shall submit an annual report to the Committee on Energy and Commerce of the United States House of Representatives and to the Committee on Energy and Natural Resources of the Senate concerning the status of energy export development in Latin America and efforts by the Secretary and other departments and agencies of the United States to promote energy integration with Latin America. The report shall contain a detailed analysis of the status of energy export development in Mexico and a description of all significant efforts by the Secretary and other departments and agencies to promote a constructive relationship with Mexico regarding the development of that nation’s energy capacity. In particular this report shall outline efforts the Secretary and other departments and agencies have made to ensure that regulatory approval and oversight of United States/Mexico border projects that result in the expansion of Mexican energy capacity are effectively coordinated across departments and with the Mexican government. ( Pub. L. 109–58, title XVIII, § 1807 , Aug. 8, 2005 , 119 Stat. 1124 .)

§ 16522 Low-volume gas reservoir study

(a) Study The Secretary shall make a grant to an organization of oil and gas producing States, specifically those containing significant numbers of marginal oil and natural gas wells, for conducting an annual study of low-volume natural gas reservoirs. Such organization shall work with the State geologist of each State being studied.

(b) Contents The studies under this section shall— determine the status and location of marginal wells and gas reservoirs; gather the production information of these marginal wells and reservoirs; estimate the remaining producible reserves based on variable pipeline pressures; locate low-pressure gathering facilities and pipelines; recommend incentives which will enable the continued production of these resources; produce maps and literature to disseminate to States to promote conservation of natural gas reserves; and evaluate the amount of natural gas that is being wasted through the practice of venting or flaring of natural gas produced in association with crude oil well production.

(c) Data analysis Data development and analysis under this section shall be performed by an institution of higher education with GIS capabilities. If the organization receiving the grant under subsection (a) does not have GIS capabilities, such organization shall contract with one or more entities with— technological capabilities and resources to perform advanced image processing, GIS programming, and data analysis; and the ability to— process remotely sensed imagery with high spatial resolution; deploy global positioning systems; process and synthesize existing, variable-format gas well, pipeline, gathering facility, and reservoir data; create and query GIS databases with infrastructure location and attribute information; write computer programs to customize relevant GIS software; generate maps, charts, and graphs which summarize findings from data research for presentation to different audiences; and deliver data in a variety of formats, including Internet Map Server for query and display, desktop computer display, and access through handheld personal digital assistants.

(d) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section— $1,500,000forfiscalyear2006;and$450,000 for each of the fiscal years 2007 through 2010.

(e) Definitions For purposes of this section, the term “GIS” means geographic information systems technology that facilitates the organization and management of data with a geographic component.

§ 16523 Alaska natural gas pipeline

Not later than 180 days after August 8, 2005 , and every 180 days thereafter until the Alaska natural gas pipeline commences operation, the Federal Energy Regulatory Commission shall submit to Congress a report describing— the progress made in licensing and constructing the pipeline; and any issue impeding that progress. ( Pub. L. 109–58, title XVIII, § 1810 , Aug. 8, 2005 , 119 Stat. 1126 .)

§ 16524 Study on the benefits of economic dispatch

(a) Study The Secretary, in coordination and consultation with the States, shall conduct a study on— the procedures currently used by electric utilities to perform economic dispatch; identifying possible revisions to those procedures to improve the ability of nonutility generation resources to offer their output for sale for the purpose of inclusion in economic dispatch; and the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each state 1 if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch.

(b) Definition The term “economic dispatch” when used in this section means the operation of generation facilities to produce energy at the lowest cost to reliably serve consumers, recognizing any operational limits of generation and transmission facilities.

(c) Report to Congress and the States Not later than 90 days after August 8, 2005 , and on a yearly basis following, the Secretary shall submit a report to Congress and the States on the results of the study conducted under subsection (a), including recommendations to Congress and the States for any suggested legislative or regulatory changes.

§ 16531 Definitions

In this subchapter: The term “Department” means the Department of Energy. The term “institution of higher education” has the meaning given the term in section 1001(a) of title 20 . The term “National Laboratory” has the meaning given the term in section 15801 of this title . The term “Secretary” means the Secretary of Energy. ( Pub. L. 110–69, title V, § 5002 , Aug. 9, 2007 , 121 Stat. 600 .)

§ 16532 Nuclear science talent expansion program for institutions of higher education

(a) Purposes The purposes of this section are— to address the decline in the number of and resources available to nuclear science programs at institutions of higher education; and to increase the number of graduates with degrees in nuclear science, an area of strategic importance to the economic competitiveness and energy security of the United States.

(b) Definition of nuclear science In this section, the term “nuclear science” includes— nuclear science; nuclear engineering; nuclear chemistry; radio chemistry; and health physics.

(c) Establishment The Secretary shall establish, in accordance with this section, a program to expand and enhance institution of higher education nuclear science educational capabilities.

(d) Nuclear science program expansion grants for institutions of higher education The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in nuclear science. In evaluating grants under this subsection, the Secretary shall give priority to proposals that involve partnerships with a National Laboratory or other eligible nuclear-related entity, as determined by the Secretary. Criteria for a grant awarded under this subsection shall be based on— the potential to attract new students to the program; academic rigor; and the ability to offer hands-on learning opportunities. A grant under this subsection may be up to 5 years in duration. An institution of higher education that receives a grant under this subsection shall be eligible for up to $1,000,000 for each year of the grant period. An institution of higher education that receives a grant under this subsection may use the grant to— recruit and retain new faculty; develop core and specialized course content; encourage collaboration between faculty and researchers in the nuclear science field; and support outreach efforts to recruit students.

(e) Nuclear science competitiveness grants for institutions of higher education The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce graduates in nuclear science. Criteria for a grant awarded under this subsection shall be based on the potential for increasing the number and academic quality of graduates in the nuclear sciences who enter into careers in nuclear-related fields. A grant under this subsection may be up to 5 years in duration. An institution of higher education that receives a grant under this subsection shall be eligible for up to $500,000 for each year of the grant period. An institution of higher education that receives a grant under this subsection may use the grant to— increase the number of graduates in nuclear science that enter into careers in the nuclear science field; enhance the teaching of advanced nuclear technologies; aggressively pursue collaboration opportunities with industry and National Laboratories; bolster or sustain nuclear infrastructure and research facilities of the institution of higher education, such as research and training reactors or laboratories; and provide tuition assistance and stipends to undergraduate and graduate students.

(f) Authorization of appropriations There are authorized to be appropriated to carry out subsection (d)— $3,500,000forfiscalyear2008;$6,500,000 for fiscal year 2009; $9,500,000forfiscalyear2010;$9,800,000 for fiscal year 2011; $10,100,000forfiscalyear2012;and$10,400,000 for fiscal year 2013. There are authorized to be appropriated to carry out subsection (e)— $3,000,000forfiscalyear2008;$5,500,000 for fiscal year 2009; $8,000,000forfiscalyear2010;$8,240,000 for fiscal year 2011; $8,500,000forfiscalyear2012;and$8,750,000 for fiscal year 2013.

§ 16533 Hydrocarbon systems science talent expansion program for institutions of higher education

(a) Purposes The purposes of this section are— to address the decline in the number of and resources available to hydrocarbon systems science programs at institutions of higher education; and to increase the number of graduates with degrees in hydrocarbon systems science, an area of strategic importance to the economic competitiveness and energy security of the United States.

(b) Definition of hydrocarbon systems science In this section: The term “hydrocarbon systems science” means a science involving natural gas or other petroleum exploration, development, or production. The term “hydrocarbon systems science” includes— petroleum or reservoir engineering; environmental geoscience; petrophysics; geophysics; geochemistry; petroleum geology; ocean engineering; environmental engineering; computer science, as computer science relates to a science described in this subsection; and hydrocarbon spill response and remediation.

(c) Establishment The Secretary shall establish, in accordance with this section, a program to expand and enhance institution of higher education hydrocarbon systems science educational capabilities.

(d) Hydrocarbon systems science program expansion grants for institutions of higher education The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in hydrocarbon systems science. In evaluating grants under this subsection, the Secretary shall give priority to proposals that involve partnerships with the National Laboratories, including the National Energy Technology Laboratory, or other hydrocarbon systems scientific entities, as determined by the Secretary. Criteria for a grant awarded under this subsection shall be based on— the potential to attract new students to the program; academic rigor; and the ability to offer hands-on learning opportunities. A grant under this subsection may be up to 5 years in duration. An institution of higher education that receives a grant under this subsection shall be eligible for up to $1,000,000 for each year of the grant period. An institution of higher education that receives a grant under this subsection may use the grant to— recruit and retain new faculty; develop core and specialized course content; encourage collaboration between faculty and researchers in the hydrocarbon systems science field; and support outreach efforts to recruit students.

(e) Hydrocarbon systems science competitiveness grants for institutions of higher education The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce graduates in hydrocarbon systems science. Criteria for a grant awarded under this subsection shall be based on the potential for increasing the number and academic quality of graduates in hydrocarbon systems sciences who enter into careers in natural gas and other petroleum exploration, development, and production related fields. A grant under this subsection may be up to 5 years in duration. An institution of higher education that receives a grant under this subsection shall be eligible for up to $500,000 for each year of the grant period. An institution of higher education that receives a grant under this subsection may use the grant to— increase the number of graduates in the hydrocarbon systems sciences that enter into careers in the natural gas and other petroleum exploration, development, and production science fields; enhance the teaching of advanced natural gas and other petroleum exploration, development, and production technologies; aggressively pursue collaboration opportunities with industry and the National Laboratories, including the National Energy Technology Laboratory; bolster or sustain natural gas and other petroleum exploration, development, and production infrastructure and research facilities of the institution of higher education, such as research and training or laboratories; and provide tuition assistance and stipends to undergraduate and graduate students.

(f) Authorization of appropriations There are authorized to be appropriated to carry out subsection (d)— $3,500,000forfiscalyear2008;$6,500,000 for fiscal year 2009; $9,500,000forfiscalyear2010;$9,800,000 for fiscal year 2011; $10,000,000forfiscalyear2012;and$10,400,000 for fiscal year 2013. There are authorized to be appropriated to carry out subsection (e)— $3,000,000forfiscalyear2008;$5,500,000 for fiscal year 2009; and $8,000,000 for fiscal year 2010.

§ 16534 Department of Energy early career awards for science, engineering, and mathematics researchers

(a) Grant awards The Director of the Office of Science of the Department (referred to in this section as the “Director”) shall carry out a program to award grants to scientists and engineers at an early career stage at institutions of higher education and organizations described in subsection (c) to conduct research in fields relevant to the mission of the Department.

(b) Amount and duration The amount of a grant awarded under this section shall be— not less than $80,000;andnotmorethan$125,000. The term of a grant awarded under this section shall be not more than 5 years.

(c) Eligibility To be eligible to receive a grant under this section, an individual shall, as determined by the Director— subject to paragraph (2), have completed a doctorate or other terminal degree not more than 10 years before the date on which the proposal for a grant is submitted under subsection (e)(1); have demonstrated promise in a science, engineering, or mathematics field relevant to the missions of the Department; and be employed— in a tenure track-position as an assistant professor or equivalent title at an institution of higher education in the United States; at an organization in the United States that is a nonprofit, nondegree-granting research organization such as a museum, observatory, or research laboratory; or as a scientist at a National Laboratory. Notwithstanding paragraph (1)(A), the Director may determine that an individual who has completed a doctorate more than 10 years before the date of submission of a proposal under subsection (e)(1) is eligible to receive a grant under this section if the individual was unable to conduct research for a period of time because of extenuating circumstances, including military service or family responsibilities, as determined by the Director.

(d) Selection Grant recipients shall be selected on a competitive, merit-reviewed basis.

(e) Selection process and criteria To be eligible to receive a grant under this section, an individual shall submit to the Director a proposal at such time, in such manner, and containing such information as the Director may require. In evaluating the proposals submitted under paragraph (1), the Director shall take into consideration, at a minimum— the intellectual merit of the proposed project; the innovative or transformative nature of the proposed research; the extent to which the proposal integrates research and education, including undergraduate education in science and engineering disciplines; and the potential of the applicant for leadership at the frontiers of knowledge.

(f) Diversity requirement In awarding grants under this section, the Director shall endeavor to ensure that the grant recipients represent a variety of types of institutions of higher education and nonprofit, nondegree-granting research organizations. In support of the goal described in paragraph (1), the Director shall broadly disseminate information regarding the deadlines applicable to, and manner in which to submit, proposals for grants under this section, including by conducting outreach activities for— part B institutions, as defined in section 1061 of title 20 ; and minority institutions, as defined in section 1067k of title 20 .

(g) Report on recruiting and retaining early career science and engineering researchers at National Laboratories Not later than 90 days after August 9, 2007 , the Director shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing efforts of the Director to recruit and retain young scientists and engineers at early career stages at the National Laboratories. The report under paragraph (1) shall include— a description of applicable Department and National Laboratory policies and procedures, including policies and procedures relating to financial incentives, awards, promotions, time reserved for independent research, access to equipment or facilities, and other forms of recognition, designed to attract and retain young scientists and engineers; an evaluation of the impact of the incentives described in subparagraph (A) on— the careers of young scientists and engineers at the National Laboratories; and the quality of the research at the National Laboratories and in Department programs; a description of barriers, if any, that exist with respect to efforts to recruit and retain young scientists and engineers, including the limited availability of full-time equivalent positions, legal and procedural requirements, and pay grading systems; and the amount of funding devoted to efforts to recruit and retain young researchers, and the source of the funds.

(h) Authorization of appropriations There is authorized to be appropriated to the Secretary, acting through the Director, to carry out this section $25,000,000 for each of fiscal years 2008 through 2013.

§ 16535 Discovery science and engineering innovation institutes

(a) In general The Secretary shall establish distributed, multidisciplinary institutes (referred to in this section as “Institutes”) centered at National Laboratories to apply fundamental science and engineering discoveries to technological innovations relating to— the missions of the Department; and the global competitiveness of the United States.

(b) Topical areas The Institutes shall support scientific and engineering research and education activities on critical emerging technologies determined by the Secretary to be essential to global competitiveness, including activities relating to— sustainable energy technologies; multiscale materials and processes; micro- and nano-engineering; computational and information engineering; and genomics and proteomics.

(c) Partnerships In carrying out this section, the Secretary shall establish partnerships between the Institutes and— institutions of higher education— to train undergraduate and graduate science and engineering students; to develop innovative undergraduate and graduate educational curricula; and to conduct research within the topical areas described in subsection (b); and private industry to develop innovative technologies within the topical areas described in subsection (b).

(d) Grants For each fiscal year, the Secretary may select not more than 3 Institutes to receive a grant under this section. The selection of Institutes under paragraph (1) shall be— merit-based; and made through an open, competitive selection process. An Institute shall receive a grant under this section for not more than 3 fiscal years.

(e) Review The Secretary shall offer to enter into an agreement with the National Academy of Sciences under which the Academy shall, by not later than 3 years after August 9, 2007 — review the performance of the Institutes under this section; and submit to Congress and the Secretary a report describing the results of the review.

(f) Authorization of appropriations There is authorized to be appropriated to provide grants to each Institute selected under this section $10,000,000 for each of fiscal years 2008 through 2010.

§ 16536 Protecting America’s Competitive Edge (PACE) graduate fellowship program

(a) Definition of eligible student In this section, the term “eligible student” means a student who attends an institution of higher education that offers a doctoral degree in a field relevant to a mission area of the Department.

(b) Establishment The Secretary shall establish a graduate fellowship program for eligible students pursuing a doctoral degree in a mission area of the Department.

(c) Selection The Secretary shall award fellowships to eligible students under this section through a competitive merit review process, involving written and oral interviews, that will result in a wide distribution of awards throughout the United States, as determined by the Secretary. The Secretary shall establish selection criteria for awarding fellowships under this section that require an eligible student— to pursue a field of science or engineering of importance to a mission area of the Department; to demonstrate to the Secretary— the capacity of the eligible student to understand technical topics relating to the fellowship that can be derived from the first principles of the technical topics; imagination and creativity; leadership skills in organizations or intellectual endeavors, demonstrated through awards and past experience; and excellent verbal and communication skills to explain, defend, and demonstrate an understanding of technical subjects relating to the fellowship; and to be a citizen or legal permanent resident of the United States.

(d) Awards A fellowship awarded under this section shall— provide an annual living stipend; and cover— graduate tuition at an institution of higher education described in subsection (a); and incidental expenses associated with curricula and research at the institution of higher education (including books, computers, and software). A fellowship awarded under this section shall be up to 3 years duration within a 5-year period. A fellowship awarded under this section shall be portable with the eligible student.

(e) Administration The Secretary, acting through the Director of Science, Engineering, and Mathematics Education— shall administer the program established under this section; and may enter into a contract with a nonprofit entity to administer the program, including the selection and award of fellowships.

(f) Authorization of appropriations There are authorized to be appropriated to carry out this section— $7,500,000forfiscalyear2008;$12,000,000 for fiscal year 2009, including nonexpiring fellowships for the preceding fiscal year; $20,000,000forfiscalyear2010,includingnonexpiringfellowshipsforprecedingfiscalyears;$20,600,000 for fiscal year 2011; $21,200,000forfiscalyear2012;and$21,900,000 for fiscal year 2013.

§ 16537 Distinguished scientist program

(a) Purpose The purpose of this section is to promote scientific and academic excellence through collaborations between institutions of higher education and National Laboratories.

(b) Establishment The Secretary shall establish a program to support the joint appointment of distinguished scientists by institutions of higher education and National Laboratories.

(c) Qualifications To be eligible for appointment as a distinguished scientist under this section, an individual, by reason of professional background and experience, shall be able to bring international recognition to the appointing institution of higher education or National Laboratory in the field of scientific endeavor of the individual.

(d) Selection A distinguished scientist appointed under this section shall be selected through an open, competitive process.

(e) Appointment An appointment by an institution of higher education under this section shall be filled within the tenure allotment of the institution of higher education, at a minimum rank of professor. An appointment by a National Laboratory under this section shall be at the rank of the highest grade of distinguished scientist or technical staff of the National Laboratory.

(f) Duration An appointment under this section shall— be for a term of 6 years; and consist of 2 3-year funding allotments.

(g) Use of funds Funds made available under this section may be used for— the salary of the distinguished scientist and support staff; undergraduate, graduate, and post-doctoral appointments; research-related equipment; professional travel; and such other requirements as the Secretary determines to be necessary to carry out the purpose of the program.

(h) Review The appointment of a distinguished scientist under this section shall be reviewed at the end of the first 3-year allotment for the distinguished scientist through an open peer-review process to determine whether the appointment is meeting the purpose of this section under subsection (a). Funding of the appointment of the distinguished scientist for the second 3-year allotment shall be determined based on the review conducted under paragraph (1).

(i) Cost sharing To be eligible for assistance under this section, an appointing institution of higher education shall pay at least 50 percent of the total costs of the appointment.

(j) Authorization of appropriations There are authorized to be appropriated to carry out this section— $15,000,000forfiscalyear2008;$20,000,000 for fiscal year 2009; $30,000,000forfiscalyear2010;$31,000,000 for fiscal year 2011; $32,000,000forfiscalyear2012;and$33,000,000 for fiscal year 2013.

§ 16538 Advanced Research Projects Agency—Energy

(a) Definitions In this section: The term “ARPA–E” means the Advanced Research Projects Agency—Energy established by subsection (b). The term “Director” means the Director of ARPA-E appointed under subsection (d). The term “Fund” means the Energy Transformation Acceleration Fund established under subsection ( o )(1).

(b) Establishment There is established the Advanced Research Projects Agency—Energy within the Department to overcome the long-term and high-risk technological barriers in the development of transformative science and technology solutions to address the energy and environmental missions of the Department.

(c) Goals The goals of ARPA-E shall be— to enhance the economic and energy security of the United States through the development of energy technologies that— reduce imports of energy from foreign sources; reduce energy-related emissions, including greenhouse gases; improve the energy efficiency of all economic sectors; provide transformative solutions to improve the management, clean-up, and disposal of radioactive waste and spent nuclear fuel; and improve the resilience, reliability, and security of infrastructure to produce, deliver, and store energy; and to ensure that the United States maintains a technological lead in developing and deploying advanced energy technologies. ARPA-E shall achieve the goals established under paragraph (1) through advanced technology projects by— identifying and promoting revolutionary advances in fundamental and applied sciences; translating scientific discoveries and cutting-edge inventions into technological innovations; and accelerating transformational technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty.

(d) Director There shall be in the Department of Energy a Director of ARPA-E, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary on, and manage research programs addressing, matters pertaining to long-term and high-risk technological barriers to the development of energy technologies. The Director shall report to the Secretary. No other programs within the Department shall report to the Director.

(e) Responsibilities The responsibilities of the Director shall include— approving all new programs within ARPA-E; developing funding criteria and assessing the success of programs through the establishment of technical milestones; administering the Fund through awards to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, which may include federally-funded research and development centers, to achieve the goals described in subsection (c) through targeted acceleration of— novel early-stage research with possible technology applications; development of techniques, processes, and technologies, and related testing and evaluation; research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies; and coordination with nongovernmental entities for demonstration of technologies and research applications to facilitate technology transfer; terminating programs carried out under this section that are not achieving the goals of the programs; and pursuant to subsection (c)(2)(C)— ensuring that applications for funding disclose the extent of current and prior efforts, including monetary investments as appropriate, in pursuit of the technology area for which funding is being requested; adopting measures to ensure that, in making awards, program managers adhere to the purposes of subsection (c)(2)(C); and providing as part of the annual report required by subsection (h)(1) a summary of the instances of and reasons for ARPA–E funding projects in technology areas already being undertaken by industry.

(f) Awards In carrying out this section, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.

(g) Personnel The Director shall establish and maintain within ARPA–E a staff with sufficient qualifications and expertise to enable ARPA–E to carry out the responsibilities of ARPA–E under this section in conjunction with other operations of the Department. The Director shall designate employees to serve as program directors for the programs established pursuant to the responsibilities established for ARPA-E under subsection (e). A program director of a program shall be responsible for— establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, and publicizing the goals of the program to the public and private sectors; soliciting applications for specific areas of particular promise, especially areas that the private sector or the Federal Government are not likely to undertake alone; building research collaborations for carrying out the program; selecting on the basis of merit each of the projects to be supported under the program after considering— the novelty and scientific and technical merit of the proposed projects; the demonstrated capabilities of the applicants to successfully carry out the proposed project; the consideration by the applicant of future commercial applications of the project, including the feasibility of partnering with 1 or more commercial entities; and such other criteria as are established by the Director; identifying innovative cost-sharing arrangements for ARPA–E projects, including through use of the authority provided under section 16352(b)(3) of this title ; monitoring the progress of projects supported under the program; identifying mechanisms for commercial application of successful energy technology development projects, including through establishment of partnerships between awardees and commercial entities; and recommending program restructure or termination of research partnerships or whole projects. The term of a program manager shall be not more than 3 years and may be renewed. The Director shall have the authority to— make appointments of scientific, engineering, and professional personnel without regard to the civil service laws; fix the basic pay of such personnel at a rate to be determined by the Director at rates not in excess of Level II of the Executive Schedule (EX–II) without regard to the civil service laws; and pay any employee appointed under this subparagraph payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subparagraph for any 12-month period shall not exceed the least of the following amounts: $25,000. The amount equal to 25 percent of the annual rate of basic pay of the employee. The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5 . The Director shall appoint not more than 120 personnel under this section. The Secretary, or the Director serving as an agent of the Secretary, may contract with private recruiting firms for the hiring of qualified technical staff to carry out this section. The Director may use all authorities in existence on August 9, 2007 , that are provided to the Secretary to hire administrative, financial, and clerical staff as necessary to carry out this section.

(h) Reports and roadmaps As part of the annual budget request submitted for each fiscal year, the Director shall provide to the relevant authorizing and appropriations committees of Congress a report that— describes projects supported by ARPA–E during the previous fiscal year; describes projects supported by ARPA–E during the previous fiscal year that examine topics and technologies closely related to other activities funded by the Department, and includes an analysis of whether in supporting such projects, the Director is in compliance with subsection (i)(1); and describes current, proposed, and planned projects to be carried out pursuant to subsection (e)(3)(D). Not later than October 1, 2021 , and every four years thereafter, the Director shall provide to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPA–E will use to guide the choices of ARPA–E for future technology investments over the following 4 fiscal years.

(i) Coordination and nonduplication To the maximum extent practicable, the Director shall ensure that— the activities of ARPA–E are coordinated with, and do not duplicate the efforts of, programs and laboratories within the Department and other relevant research agencies; and ARPA–E does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable. To the extent appropriate, the Director may coordinate technology transfer efforts with the Technology Transfer Coordinator appointed under section 16391 of this title .

(j) Federal demonstration of technologies The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA–E.

(k) Advice The Director may seek advice on any aspect of ARPA-E from— an existing Department of Energy advisory committee; and a new advisory committee organized to support the programs of ARPA-E and to provide advice and assistance on— specific program tasks; or overall direction of ARPA-E. In carrying out this section, the Director may seek advice and review from— the President’s Committee of Advisors on Science and Technology; and any professional or scientific organization with expertise in specific processes or technologies under development by ARPA-E.

(l) ARPA-E evaluation Not later than 3 years after December 27, 2020 , the Secretary is authorized to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an evaluation of how well ARPA–E is achieving the goals and mission of ARPA–E. The evaluation may include— a recommendation on whether ARPA-E should be continued or terminated; and a description of lessons learned from operation of ARPA-E, and the manner in which those lessons may apply to the operation of other programs of the Department. On completion of the evaluation, the evaluation shall be made available to Congress and the public.

(m) Existing authorities The authorities granted by this section are— in addition to existing authorities granted to the Secretary; and are not intended to supersede or modify any existing authorities.

(n) Protection of information The following types of information collected by ARPA–E from recipients of financial assistance awards shall be considered commercial and financial information obtained from a person and privileged or confidential and not subject to disclosure under section 552(b)(4) of title 5 : Plans for commercialization of technologies developed under the award, including business plans, technology-to-market plans, market studies, and cost and performance models. Investments provided to an awardee from third parties (such as venture capital firms, hedge funds, and private equity firms), including amounts and the percentage of ownership of the awardee provided in return for the investments. Additional financial support that the awardee— plans to or has invested into the technology developed under the award; or is seeking from third parties. Revenue from the licensing or sale of new products or services resulting from research conducted under the award.

(o) Funding There is established in the Treasury of the United States a fund, to be known as the “Energy Transformation Acceleration Fund”, which shall be administered by the Director for the purposes of carrying out this section. Subject to paragraph (4), there are authorized to be appropriated to the Director for deposit in the Fund, without fiscal year limitation— $435,000,000forfiscalyear2021;$500,000,000 for fiscal year 2022; $575,000,000forfiscalyear2023;$662,000,000 for fiscal year 2024; and $761,000,000 for fiscal year 2025. The budget request for ARPA-E shall be separate from the rest of the budget of the Department. Appropriations to the Fund shall be separate and distinct from the rest of the budget for the Department. Of the amounts appropriated for a fiscal year under paragraph (2)— not more than 50 percent of the amount shall be used to carry out subsection (e)(3)(D); at least 5 percent of the amount shall be used for technology transfer and outreach activities, consistent with the goal described in subsection (c)(2)(C) and within the responsibilities of program directors described in subsection (g)(2)(B)(vii); and no funds may be used for construction of new buildings or facilities during the 5-year period beginning on August 9, 2007 .

§ 16539 National Laboratory Jobs ACCESS Program

(a) In general On or after the date that is 180 days after December 20, 2019 , the Secretary may establish a program, to be known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of pre-apprenticeship programs and apprenticeship programs described in subsection (b).

(b) Pre-apprenticeship and apprenticeship programs described A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that— leads to recognized postsecondary credentials for secondary school and postsecondary students; is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration; is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration; is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees.

(c) Eligible entities described An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that— demonstrates experience in implementing and providing career planning and career pathways toward pre-apprenticeship programs or apprenticeship programs; has a relationship with a National Laboratory or covered facility of the National Nuclear Security Administration; has knowledge of the technician workforce needs of the laboratory or facility and the associated security requirements of the laboratory or facility; and is eligible to enter into an agreement with the laboratory or facility that would be paid for in part or entirely from grant funds received under this section; demonstrates the ability to recruit and support individuals who plan to work in relevant technician positions upon the successful completion of the pre-apprenticeship program or apprenticeship program; provides students who complete the pre-apprenticeship program or apprenticeship program with, or prepares such students for obtaining, a recognized postsecondary credential; uses related instruction that is specifically aligned with the needs of the laboratory or facility and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and demonstrates successful outcomes connecting graduates of the pre-apprenticeship program or apprenticeship program to careers relevant to the program.

(d) Applications If the Secretary establishes the program described in subsection (a), an eligible entity described in subsection (c) seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(e) Priority In selecting eligible entities described in subsection (c) to receive grants under this section, the Secretary may prioritize an eligible entity that— is a member of an industry or sector partnership; provides related instruction for a pre-apprenticeship program or apprenticeship program through— a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an institution of higher education (such as a community college) that includes basic science, technology, and mathematics education in the related instruction; or an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (d); works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to pre-apprenticeship programs or apprenticeship programs in a relevant sector; plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program with an entity that receives State funding or is operated by a State agency; and plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program for— young adults ages 16 to 29, inclusive; or individuals with barriers to employment.

(f) Additional consideration In making grants under this section, the Secretary may consider regional diversity.

(g) Limitation on applications An eligible entity described in subsection (c) may not submit, either individually or as part of a joint application, more than one application for a grant under this section during any one fiscal year.

(h) Limitations on amount of grant The amount of a grant provided under this section may not, for any 24-month period of the 5-year grant period, exceed $500,000.

(i) Non-Federal share The non-Federal share of the cost of a pre-apprenticeship program or apprenticeship program carried out using a grant under this section shall be not less than 25 percent of the total cost of the program.

(j) Technical assistance The Secretary may provide technical assistance to eligible entities described in subsection (c) to leverage the existing job training and education programs of the Department of Labor and other relevant programs at appropriate Federal agencies.

(k) Report If the Secretary establishes the program described in subsection (a), not less than once every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Energy, a report on the program, including— a description of— any entity that receives a grant under this section; any activity carried out using a grant under this section; and best practices used to leverage the investment of the Federal Government under this section; and an assessment of the results achieved by the program, including the rate of employment for participants after completing a pre-apprenticeship program or apprenticeship program carried out using a grant under this section. Not later than one year after the establishment of a pre-apprenticeship program or apprenticeship program using a grant awarded under this section, and annually thereafter, the entity carrying out the program shall submit to the Secretary and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 3141(b)(2)(A) of title 29 .

(l) Definitions In this section: The terms “local educational agency” and “secondary school” have the meanings given the terms in section 7801 of title 20 . The terms “career planning”, “community-based organization”, “customized training”, “economic development agency”, “individual with a barrier to employment”, “industry or sector partnership”, “on-the-job training”, “recognized postsecondary credential”, and “workplace learning advisor” have the meanings given such terms in section 3102 of title 29 . The term “apprenticeship program” means a program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664 , chapter 663; 29 U.S.C. 50 et seq.). The term “area career and technical education school” has the meaning given the term in section 2302 of title 20 . The term “community college” has the meaning given the term “junior or community college” in section 1058(f) of title 20 . The term “covered facility of the National Nuclear Security Administration” means a national security laboratory or a nuclear weapons production facility as such terms are defined in section 2501 1 of title 50. The term “eligible sponsor” means a public organization or nonprofit organization that— with respect to an apprenticeship program, administers the program through a partnership that may include— an industry or sector partnership; an employer or industry association; a labor-management organization; a local workforce development board or State workforce development board; a 2- or 4-year institution of higher education that offers an educational program leading to an associate’s or bachelor’s degree in conjunction with a certificate of completion of apprenticeship; the Armed Forces (including the National Guard and Reserves); a community-based organization; or an economic development agency; and with respect to a pre-apprenticeship program, is a local educational agency, a secondary school, an area career and technical education school, a provider of adult education, a State workforce development board, a local workforce development board, or a community-based organization, that administers the program with any required coordination and necessary approvals from the Secretary of Labor or a State department of labor. The term “institution of higher education” has the meaning given the term in section 1001 of title 20 . The term “local workforce development board” has the meaning given the term “local board” in section 3102 of title 29 . The term “National Laboratory” has the meaning given the term in section 15801 of this title . The term “nonprofit organization” means an organization that is described in section 501(c) of title 26 and exempt from tax under section 501(a) of such title. The term “pre-apprenticeship program” means a program— designed to prepare individuals to enter and succeed in an apprenticeship program; and that has a documented partnership with at least one, if not more, apprenticeship programs. The term “provider of adult education” has the meaning given the term “eligible provider” in section 3272 of title 29 . The term “related instruction” means an organized and systematic form of instruction designed to provide an individual in a pre-apprenticeship program or apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. The term “Secretary” means the Secretary of Energy, in consultation with the Secretary of Labor, except as otherwise specified in this section. The term “sponsor” means any person, association, committee, or organization operating a pre-apprenticeship program or apprenticeship program and in whose name the program is (or is to be) registered or approved. The term “State apprenticeship agency” has the meaning given that term in section 29.2 of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling). The term “State workforce development board” has the meaning given the term “State board” in section 3102 of title 29 . The term “workforce intermediary”— means a nonprofit organization that— proactively addresses workforce needs using a dual customer approach, which considers the needs of both employees and employers; and has partnered with a sponsor of a pre-apprenticeship program or apprenticeship program or is a sponsor of a pre-apprenticeship program or apprenticeship program; and may include a community organization, an employer organization, a community college, a temporary staffing agency, a State workforce development board, a local workforce development board, or a labor or labor-management organization.