| Title of Law: | Energy Policy Act of 2005 |
| Law #: | Public Law 109- 58 |
| Passed by Congress: | 109th Congress (1st Session) |
The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to The National Academies and studies. (Pound signs [##] between passages denote the deletion of unrelated text.)
HR6 Barton, J. (R.-Texas) 7/29/05
Enrolled (finally passed both houses)
To ensure jobs for our future with secure, affordable, and reliable energy.
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SUBTITLE E—ADDITIONAL ENERGY TAX INCENTIVES
Sec. 1351. Expansion of research credit.
Sec. 1352. National Academy of Sciences study and report.
Sec. 1353. Recycling study.
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SEC. 385. STUDY OF AVAILABILITY OF SKILLED WORKERS.
(a) In General.—The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of the short-term and long-term availability of skilled workers to meet the energy and mineral security requirements of the United States.
(b) Inclusions.—The study shall include an analysis of—
(1) the need for and availability of workers for the oil, gas, and mineral industries;
(2) the availability of skilled labor at both entry level and more senior levels; and
(3) recommendations for future actions needed to meet future labor requirements.
(c) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study.
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SEC. 630. MEDICAL ISOTOPE PRODUCTION.
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is amended—
(1) in subsection a., by striking “a. The Commission” and inserting “a. In General.—Except as provided in subsection b., the Commission”;
(2) by redesignating subsection b. as subsection c.; and
(3) by inserting after subsection a. the following:
“b. Medical Isotope Production.—
“(1) DEFINITIONS.—In this subsection:
“(A) HIGHLY ENRICHED URANIUM.—The term ‘highly enriched uranium’ means uranium enriched to include concentration of U-235 above 20 percent.
“(B) MEDICAL ISOTOPE.—The term ‘medical isotope’ includes Molybdenum 99, Iodine 131, Xenon 133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic, therapeutic procedures or for research and development.
“(C) RADIOPHARMACEUTICAL.—The term ‘radiopharmaceutical’ means a radioactive isotope that—
“(i) contains byproduct material combined with chemical or biological material; and
“(ii) is designed to accumulate temporarily in a part of the body for therapeutic purposes or for enabling the production of a useful image for use in a diagnosis of a medical condition.
“(D) RECIPIENT COUNTRY.—The term ‘recipient country’ means Canada, Belgium, France, Germany, and the Netherlands.
“(2) LICENSES.—The Commission may issue a license authorizing the export (including shipment to and use at intermediate and ultimate consignees specified in the license) to a recipient country of highly enriched uranium for medical isotope production if, in addition to any other requirements of this Act (except subsection a.), the Commission determines that—
“(A) a recipient country that supplies an assurance letter to the United States Government in connection with the consideration by the Commission of the export license application has informed the United States Government that any intermediate consignees and the ultimate consignee specified in the application are required to use the highly enriched uranium solely to produce medical isotopes; and
“(B) the highly enriched uranium for medical isotope production will be irradiated only in a reactor in a recipient country that—
“(i) uses an alternative nuclear reactor fuel; or
“(ii) is the subject of an agreement with the United States Government to convert to an alternative nuclear reactor fuel when alternative nuclear reactor fuel can be used in the reactor.
“(3) REVIEW OF PHYSICAL PROTECTION REQUIREMENTS.—
“(A) IN GENERAL.—The Commission shall review the adequacy of physical protection requirements that, as of the date of an application under paragraph (2), are applicable to the transportation and storage of highly enriched uranium for medical isotope production or control of residual material after irradiation and extraction of medical isotopes.
“(B) IMPOSITION OF ADDITIONAL REQUIREMENTS.—If the Commission determines that additional physical protection requirements are necessary (including a limit on the quantity of highly enriched uranium that may be contained in a single shipment), the Commission shall impose such requirements as license conditions or through other appropriate means.
“(4) FIRST REPORT TO CONGRESS.—
“(A) NAS STUDY.—The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study to determine—
“(i) the feasibility of procuring supplies of medical isotopes from commercial sources that do not use highly enriched uranium;
“(ii) the current and projected demand and availability of medical isotopes in regular current domestic use;
“(iii) the progress that is being made by the Department of Energy and others to eliminate all use of highly enriched uranium in reactor fuel, reactor targets, and medical isotope production facilities; and
“(iv) the potential cost differential in medical isotope production in the reactors and target processing facilities if the products were derived from production systems that do not involve fuels and targets with highly enriched uranium.
“(B) FEASIBILITY.—For the purpose of this subsection, the use of low enriched uranium to produce medical isotopes shall be determined to be feasible if—
“(i) low enriched uranium targets have been developed and demonstrated for use in the reactors and target processing facilities that produce significant quantities of medical isotopes to serve United States needs for such isotopes;
“(ii) sufficient quantities of medical isotopes are available from low enriched uranium targets and fuel to meet United States domestic needs; and
“(iii) the average anticipated total cost increase from production of medical isotopes in such facilities without use of highly enriched uranium is less than 10 percent.
“(C) REPORT BY THE SECRETARY.—Not later than 5 years after the date of enactment of the Energy Policy Act of 2005, the Secretary shall submit to Congress a report that—
“(i) contains the findings of the National Academy of Sciences made in the study under subparagraph (A); and
“(ii) discloses the existence of any commitments from commercial producers to provide domestic requirements for medical isotopes without use of highly enriched uranium consistent with the feasibility criteria described in subparagraph (B) not later than the date that is 4 years after the date of submission of the report.
“(5) SECOND REPORT TO CONGRESS.—If the study of the National Academy of Sciences determines under paragraph (4)(A)(i) that the procurement of supplies of medical isotopes from commercial sources that do not use highly enriched uranium is feasible, but the Secretary is unable to report the existence of commitments under paragraph (4)(C)(ii), not later than the date that is 6 years after the date of enactment of the Energy Policy Act of 2005, the Secretary shall submit to Congress a report that describes options for developing domestic supplies of medical isotopes in quantities that are adequate to meet domestic demand without the use of highly enriched uranium consistent with the cost increase described in paragraph (4)(B)(iii).
“(6) CERTIFICATION.—At such time as commercial facilities that do not use highly enriched uranium are capable of meeting domestic requirements for medical isotopes, within the cost increase described in paragraph (4)(B)(iii) and without impairing the reliable supply of medical isotopes for domestic utilization, the Secretary shall submit to Congress a certification to that effect.
“(7) SUNSET PROVISION.—After the Secretary submits a certification under paragraph (6), the Commission shall, by rule, terminate its review of export license applications under this subsection.”.
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“SEC. 170H. RADIATION SOURCE PROTECTION.
“a. Definitions.—In this section:
“(1) CODE OF CONDUCT.—The term ‘Code of Conduct’ means the code entitled the ‘Code of Conduct on the Safety and Security of Radioactive Sources’, approved by the Board of Governors of the International Atomic Energy Agency and dated September 8, 2003.
“(2) RADIATION SOURCE.—The term ‘radiation source’ means—
“(A) a Category 1 Source or a Category 2 Source, as defined in the Code of Conduct; and
“(B) any other material that poses a threat such that the material is subject to this section, as determined by the Commission, by regulation, other than spent nuclear fuel and special nuclear materials.
“b. Commission Approval.—Not later than 180 days after the date of enactment of this section, the Commission shall issue regulations prohibiting a person from—
“(1) exporting a radiation source, unless the Commission has specifically determined under section 57 or 82, consistent with the Code of Conduct, with respect to the exportation, that—
“(A) the recipient of the radiation source may receive and possess the radiation source under the laws and regulations of the country of the recipient;
“(B) the recipient country has the appropriate technical and administrative capability, resources, and regulatory structure to ensure that the radiation source will be managed in a safe and secure manner; and
“(C) before the date on which the radiation source is shipped—
“(i) a notification has been provided to the recipient country; and
“(ii) a notification has been received from the recipient country;
as the Commission determines to be appropriate;
“(2) importing a radiation source, unless the Commission has determined, with respect to the importation, that—
“(A) the proposed recipient is authorized by law to receive the radiation source; and
“(B) the shipment will be made in accordance with any applicable Federal or State law or regulation; and
“(3) selling or otherwise transferring ownership of a radiation source, unless the Commission—
“(A) has determined that the licensee has verified that the proposed recipient is authorized under law to receive the radiation source; and
“(B) has required that the transfer shall be made in accordance with any applicable Federal or State law or regulation.
“c. Tracking System.—(1)(A) Not later than 1 year after the date of enactment of this section, the Commission shall issue regulations establishing a mandatory tracking system for radiation sources in the United States.
“(B) In establishing the tracking system under subparagraph (A), the Commission shall coordinate with the Secretary of Transportation to ensure compatibility, to the maximum extent practicable, between the tracking system and any system established by the Secretary of Transportation to track the shipment of radiation sources.
“(2) The tracking system under paragraph (1) shall—
“(A) enable the identification of each radiation source by serial number or other unique identifier;
“(B) require reporting within 7 days of any change of possession of a radiation source;
“(C) require reporting within 24 hours of any loss of control of, or accountability for, a radiation source; and
“(D) provide for reporting under subparagraphs (B) and (C) through a secure Internet connection.
“d. Penalty.—A violation of a regulation issued under subsection a. or b. shall be punishable by a civil penalty not to exceed $1,000,000.
“e. National Academy of Sciences Study.—(1) Not later than 60 days after the date of enactment of this section, the Commission shall enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of industrial, research, and commercial uses for radiation sources.
“(2) The study under paragraph (1) shall include a review of uses of radiation sources in existence on the date on which the study is conducted, including an identification of any industrial or other process that—
“(A) uses a radiation source that could be replaced with an economically and technically equivalent (or improved) process that does not require the use of a radiation source; or
“(B) may be used with a radiation source that would pose a lower risk to public health and safety in the event of an accident or attack involving the radiation source.
“(3) Not later than 2 years after the date of enactment of this section, the Commission shall submit to Congress the results of the study under paragraph (1).
“f. Task Force on Radiation Source Protection and Security.—(1) There is established a task force on radiation source protection and security (referred to in this section as the ‘task force’).
“(2)(A) The chairperson of the task force shall be the Chairperson of the Commission (or a designee).
“(B) The membership of the task force shall consist of the following:
“(i) The Secretary of Homeland Security (or a designee).
“(ii) The Secretary of Defense (or a designee).
“(iii) The Secretary of Energy (or a designee).
“(iv) The Secretary of Transportation (or a designee).
“(v) The Attorney General (or a designee).
“(vi) The Secretary of State (or a designee).
“(vii) The Director of National Intelligence (or a designee).
“(viii) The Director of the Central Intelligence Agency (or a designee).
“(ix) The Director of the Federal Emergency Management Agency (or a designee).
“(x) The Director of the Federal Bureau of Investigation (or a designee).
“(xi) The Administrator of the Environmental Protection Agency (or a designee).
“(3)(A) The task force, in consultation with Federal, State, and local agencies, the Conference of Radiation Control Program Directors, and the Organization of Agreement States, and after public notice and an opportunity for comment, shall evaluate, and provide recommendations relating to, the security of radiation sources in the United States from potential terrorist threats, including acts of sabotage, theft, or use of a radiation source in a radiological dispersal device.
“(B) Not later than 1 year after the date of enactment of this section, and not less than once every 4 years thereafter, the task force shall submit to Congress and the President a report, in unclassified form with a classified annex if necessary, providing recommendations, including recommendations for appropriate regulatory and legislative changes, for—
“(i) a list of additional radiation sources that should be required to be secured under this Act, based on the potential attractiveness of the sources to terrorists and the extent of the threat to public health and safety of the sources, taking into consideration—
“(I) radiation source radioactivity levels;
“(II) radioactive half-life of a radiation source;
“(III) dispersability;
“(IV) chemical and material form;
“(V) for radioactive materials with a medical use, the availability of the sources to physicians and patients for medical treatment; and
“(VI) any other factor that the Chairperson of the Commission determines to be appropriate;
“(ii) the establishment of, or modifications to, a national system for recovery of lost or stolen radiation sources;
“(iii) the storage of radiation sources that are not used in a safe and secure manner as of the date on which the report is submitted;
“(iv) modifications to the national tracking system for radiation sources;
“(v) the establishment of, or modifications to, a national system (including user fees and other methods) to provide for the proper disposal of radiation sources secured under this Act;
“(vi) modifications to export controls on radiation sources to ensure that foreign recipients of radiation sources are able and willing to adequately control radiation sources from the United States;
“(vii)(I) any alternative technologies available as of the date on which the report is submitted that may perform some or all of the functions performed by devices or processes that employ radiation sources; and
“(II) the establishment of appropriate regulations and incentives for the replacement of the devices and processes described in subclause (I)—
“(aa) with alternative technologies in order to reduce the number of radiation sources in the United States; or
“(bb) with radiation sources that would pose a lower risk to public health and safety in the event of an accident or attack involving the radiation source; and
“(viii) the creation of, or modifications to, procedures for improving the security of use, transportation, and storage of radiation sources, including—
“(I) periodic audits or inspections by the Commission to ensure that radiation sources are properly secured and can be fully accounted for;
“(II) evaluation of the security measures by the Commission;
“(III) increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees that possess radiation sources;
“(IV) criminal and security background checks for certain individuals with access to radiation sources (including individuals involved with transporting radiation sources);
“(V) requirements for effective and timely exchanges of information relating to the results of criminal and security background checks between the Commission and any State with which the Commission has entered into an agreement under section 274 b.;
“(VI) assurances of the physical security of facilities that contain radiation sources (including facilities used to temporarily store radiation sources being transported); and
“(VII) the screening of shipments to facilities that the Commission determines to be particularly at risk for sabotage of radiation sources to ensure that the shipments do not contain explosives.
“g. Action by Commission.—Not later than 60 days after the date of receipt by Congress and the President of a report under subsection f.(3)(B), the Commission, in accordance with the recommendations of the task force, shall—
“(1) take any action the Commission determines to be appropriate, including revising the system of the Commission for licensing radiation sources; and
“(2) ensure that States that have entered into agreements with the Commission under section 274 b. take similar action in a timely manner.”.
(2) CONFORMING AMENDMENT.—The table of sections of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by subsection (c)(5)(A)) is amended by adding at the end of the items relating to chapter 14 the following:
“Sec. 170H. Radiation source protection.”.
(e) Treatment of Accelerator-produced and Other Radioactive Material as Byproduct Material.—
(1) DEFINITION OF BYPRODUCT MATERIAL.—Section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended—
(A) by striking “means (1) any radioactive” and inserting the following: “means—
“(1) any radioactive”.
(B) by striking “material, and (2) the tailings” and inserting the following: “material;
“(2) the tailings”.
(C) by striking “content.” and inserting the following: “content;
“(3)(A) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after the date of enactment of this paragraph for use for a commercial, medical, or research activity; or
“(B) any material that—
“(i) has been made radioactive by use of a particle accelerator; and
“(ii) is produced, extracted, or converted after extraction, before, on, or after the date of enactment of this paragraph for use for a commercial, medical, or research activity; and
“(4) any discrete source of naturally occurring radioactive material, other than source material, that—
“(A) the Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and
“(B) before, on, or after the date of enactment of this paragraph is extracted or converted after extraction for use in a commercial, medical, or research activity.”.
(2) AGREEMENTS WITH GOVERNORS.—Section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) is amended by striking “State—” and all that follows through paragraph (4) and inserting the following: “State:
“(1) Byproduct materials (as defined in section 11 e.).
“(2) Source materials.
“(3) Special nuclear materials in quantities not sufficient to form a critical mass.”.
(3) WASTE DISPOSAL.—
(A) DOMESTIC DISTRIBUTION.—Section 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2111) is amended—
(i) by striking “No person may” and inserting the following:
“a. In General.—No person may”.
(ii) by adding at the end the following:
“b. Requirements.—
“(1) IN GENERAL.—Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of section 11 e., may only be transferred to and disposed of in a disposal facility that—
“(A) is adequate to protect public health and safety; and
“(B)(i) is licensed by the Commission; or
“(ii) is licensed by a State that has entered into an agreement with the Commission under section 274 b., if the licensing requirements of the State are compatible with the licensing requirements of the Commission.
“(2) EFFECT OF SUBSECTION.—Nothing in this subsection affects the authority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 11 e., at a disposal facility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
“c. Treatment as Low-level Radioactive Waste.—Byproduct material, as defined in paragraphs (3) and (4) of section 11 e., disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of—
“(1) section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or
“(2) carrying out a compact that is—
“(A) entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and
“(B) approved by Congress.”.
(B) DEFINITION OF LOW-LEVEL RADIOACTIVE WASTE.—Section 2(9) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b(9)) is amended—
(i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;
(ii) in the matter preceding clause (i) (as redesignated by subparagraph (A)) by striking “The term” and inserting the following:
“(A) IN GENERAL.—The term”; and
(iii) by adding at the end the following:
“(B) EXCLUSION.—The term ‘low-level radioactive waste’ does not include byproduct material (as defined in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).”.
(4) FINAL REGULATIONS.—
(A) REGULATIONS.—
(i) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, 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.
(ii) INCLUSIONS.—The regulations shall include a definition of the term “discrete source” for purposes of paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1)).
(B) COOPERATION.—In promulgating regulations under paragraph (1), the Commission shall, to the maximum extent practicable—
(i) cooperate with States; and
(ii) use model State standards in existence on the date of enactment of this Act.
(C) TRANSITION PLAN.—
(i) DEFINITION OF BYPRODUCT MATERIAL.—In this paragraph, the term “byproduct material” has the meaning given the term in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1)).
(ii) PREPARATION AND PUBLICATION.—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—
(I) States that have not, before the date on which the plan is published, entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); and
(II) States that have entered into an agreement with the Commission under that section before the date on which the plan is published.
(iii) INCLUSIONS.—The transition plan under clause (ii) shall include—
(I) a description of the conditions under which a State may exercise authority over byproduct material; and
(II) a statement of the Commission that any agreement covering byproduct material, as defined in paragraph (1) or (2) of section 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)), entered into between the Commission and a State under section 274 b. of that Act (42 U.S.C. 2021(b)) 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 11e. of that Act (42 U.S.C. 2014(e)) (as amended by paragraph (1)), if the Governor of the State certifies to the Commission on the date of publication of the transition plan that—
(aa) the State has a program for licensing byproduct material, as defined in paragraph (3) or (4) of section 11e. of the Atomic Energy Act of 1954, that is adequate to protect the public health and safety, as determined by the Commission; and
(bb) the State intends to continue to implement the regulatory responsibility of the State with respect to the byproduct material.
(D) AVAILABILITY OF RADIOPHARMACEUTICALS.—In promulgating regulations under subparagraph (A), the Commission shall consider the impact on the availability of radiopharmaceuticals to—
(i) physicians; and
(ii) patients the medical treatment of which relies on radiopharmaceuticals.
(5) WAIVERS.—
(A) IN GENERAL.—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 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1))) 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.
(B) EXCEPTIONS.—
(i) IN GENERAL.—The Commission may not grant a waiver under subparagraph (A) with respect to—
(I) any requirement under the amendments made by subsection (c)(1);
(II) 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 the date of enactment of this Act; or
(III) any other matter for a period ending after the date that is 4 years after the date of enactment of this Act.
(ii) WAIVERS TO STATES.—The Commission shall terminate any waiver granted to a State under subparagraph (A) if the Commission determines that—
(I) the State has entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b));
(II) the agreement described in subclause (I) covers byproduct material (as described in paragraph (3) or (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1))); and
(III) the program of the State for licensing such byproduct material is adequate to protect the public health and safety.
(C) PUBLICATION.—The Commission shall publish in the Federal Register a notice of any waiver granted under this subsection.
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SEC. 755. CONSERVE BY BICYCLING PROGRAM.
(a) Definitions.—In this section:
(1) PROGRAM.—The term “program” means the Conserve by Bicycling Program established by subsection (b).
(2) SECRETARY.—The term “Secretary” means the Secretary of Transportation.
(b) Establishment.—There is established within the Department of Transportation a program to be known as the “Conserve by Bicycling Program”.
(c) Projects.—
(1) IN GENERAL.—In carrying out the program, the Secretary shall establish not more than 10 pilot projects that are—
(A) dispersed geographically throughout the United States; and
(B) designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles.
(2) REQUIREMENTS.—A pilot project described in paragraph (1) shall—
(A) use education and marketing to convert motor vehicle trips to bicycle trips;
(B) document project results and energy savings (in estimated units of energy conserved);
(C) facilitate partnerships among interested parties in at least 2 of the fields of—
(i) transportation;
(ii) law enforcement;
(iii) education;
(iv) public health;
(v) environment; and
(vi) energy;
(D) maximize bicycle facility investments;
(E) demonstrate methods that may be used in other regions of the United States; and
(F) facilitate the continuation of ongoing programs that are sustained by local resources.
(3) COST SHARING.—At least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from non-Federal sources.
(d) Energy and Bicycling Research Study.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into a contract with the National Academy of Sciences for, and the National Academy of Sciences shall conduct and submit to Congress a report on, a study on the feasibility of converting motor vehicle trips to bicycle trips.
(2) COMPONENTS.—The study shall—
(A) document the results or progress of the pilot projects under subsection (c);
(B) determine the type and duration of motor vehicle trips that people in the United States may feasibly make by bicycle, taking into consideration factors such as—
(i) weather;
(ii) land use and traffic patterns;
(iii) the carrying capacity of bicycles; and
(iv) bicycle infrastructure;
(C) determine any energy savings that would result from the conversion of motor vehicle trips to bicycle trips;
(D) include a cost-benefit analysis of bicycle infrastructure investments; and
(E) include a description of any factors that would encourage more motor vehicle trips to be replaced with bicycle trips.
(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $6,200,000, to remain available until expended, of which—
(1) $5,150,000 shall be used to carry out pilot projects described in subsection (c);
(2) $300,000 shall be used by the Secretary to coordinate, publicize, and disseminate the results of the program; and
(3) $750,000 shall be used to carry out subsection (d).
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SEC. 792. NATIONAL GRANT AND LOAN PROGRAMS.
(a) In General.—The Administrator shall use 70 percent of the funds made available to carry out this subtitle for each fiscal year to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities to achieve significant reductions in diesel emissions in terms of—
(1) tons of pollution produced; and
(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
(b) Distribution.—
(1) IN GENERAL.—The Administrator shall distribute funds made available for a fiscal year under this subtitle in accordance with this section.
(2) FLEETS.—The Administrator shall provide not less than 50 percent of funds available for a fiscal year under this section to eligible entities for the benefit of public fleets.
(3) ENGINE CONFIGURATIONS AND TECHNOLOGIES.—
(A) CERTIFIED ENGINE CONFIGURATIONS AND VERIFIED TECHNOLOGIES.—The Administrator shall provide not less than 90 percent of funds available for a fiscal year under this section to eligible entities for projects using—
(i) a certified engine configuration; or
(ii) a verified technology.
(B) EMERGING TECHNOLOGIES.—
(i) IN GENERAL.—The Administrator shall provide not more than 10 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
(ii) APPLICATION AND TEST PLAN.—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 the application under subsection (c).
(c) Applications.—
(1) IN GENERAL.—To receive a grant or loan under this section, an eligible entity shall submit to the Administrator an application at a time, in a manner, and including such information as the Administrator may require.
(2) INCLUSIONS.—An application under this subsection shall include—
(A) a description of the air quality of the area served by the eligible entity;
(B) the quantity of air pollution produced by the diesel fleets in the area served by the eligible entity;
(C) a description of the project proposed by the eligible entity, including—
(i) any certified engine configuration, verified technology, or emerging technology to be used or funded by the eligible entity; and
(ii) the means by which the project will achieve a significant reduction in diesel emissions;
(D) 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;
(E) an estimate of the cost of the proposed project;
(F) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity;
(G) 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
(H) provisions for the monitoring and verification of the project.
(3) PRIORITY.—In providing a grant or loan under this section, the Administrator shall give priority to proposed projects that, as determined by the Administrator—
(A) maximize public health benefits;
(B) are the most cost-effective;
(C) serve areas—
(i) with the highest population density;
(ii) that are poor air quality areas, including areas identified by the Administrator as—
(I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant;
(II) Federal Class I areas; or
(III) areas with toxic air pollutant concerns;
(iii) that receive a disproportionate quantity of air pollution from a diesel fleets, including truckstops, ports, rail yards, terminals, and distribution centers; or
(iv) that use a community-based multistakeholder collaborative process to reduce toxic emissions;
(D) include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;
(E) will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity;
(F) conserve diesel fuel; and
(G) use diesel fuel with a sulfur content of less than or equal to 15 parts per million, as the Administrator determines to be appropriate.
(d) Use of Funds.—
(1) IN GENERAL.—An eligible entity may use a grant or loan provided under this section to fund the costs of—
(A) 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—
(i) a bus;
(ii) a medium-duty truck or a heavy-duty truck;
(iii) a marine engine;
(iv) a locomotive; or
(v) a nonroad engine or vehicle used in—
(I) construction;
(II) handling of cargo (including at a port or airport);
(III) agriculture;
(IV) mining; or
(V) energy production; or
(B) programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described in subparagraph (A).
(2) REGULATORY PROGRAMS.—
(A) IN GENERAL.—Notwithstanding paragraph (1), no grant or loan provided under this section shall be used to fund the costs of emissions reductions that are mandated under Federal, State or local law.
(B) MANDATED.—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.
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SEC. 811. REPORTS.
(a) Secretary.—Subject to subsection (c), not later than 2 years after the date of enactment of this Act, and triennially thereafter, the Secretary shall submit to Congress a report describing—
(1) activities carried out by the Department under this title, for hydrogen and fuel cell technology;
(2) 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;
(3) any change made to the strategy relating to hydrogen and fuel cell technology to reflect the results of a learning demonstrations;
(4) progress, including progress in infrastructure, made toward achieving the goal of producing and deploying not less than—
(A) 100,000 hydrogen-fueled vehicles in the United States by 2010; and
(B) 2,500,000 hydrogen-fueled vehicles in the United States by 2020;
(5) 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—
(A) hydrogen activities; and
(B) associated targets and timetables for the development of hydrogen technologies;
(6) any problem relating to the design, execution, or funding of a program under this title;
(7) progress made toward and goals achieved in carrying out this title 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
(8) 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 805 and 808 every fourth year following the date of enactment of this Act. 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 the date of enactment of this Act. Not later than 45 days after receiving the review, the Secretary shall transmit the review to Congress along with a plan to implement the review’s recommendations or an explanation for the reasons that a recommendation will not be implemented.
(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.
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SEC. 912. NEXT GENERATION LIGHTING INITIATIVE.
(a) Definitions.—In this section:
(1) ADVANCED SOLID-STATE LIGHTING.—The term “advanced solid-state lighting” means a semiconducting device package and delivery system that produces white light using externally applied voltage.
(2) INDUSTRY ALLIANCE.—The term “Industry Alliance” means an entity selected by the Secretary under subsection (d).
(3) INITIATIVE.—The term “Initiative” means the Next Generation Lighting Initiative carried out under this section.
(4) RESEARCH.—The term “research” includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes.
(5) WHITE LIGHT EMITTING DIODE.—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 the date of enactment of this Act, 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.—
(1) GRANTS.—The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to—
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) INDUSTRY ALLIANCE.—The Secretary shall annually solicit from the Industry Alliance—
(A) comments to identify solid-state lighting technology needs;
(B) an assessment of the progress of the research activities of the Initiative; and
(C) assistance in annually updating solid-state lighting technology roadmaps.
(3) AVAILABILITY TO PUBLIC.—The information and roadmaps under paragraph (2) shall be available to the public.
(f) Development, Demonstration, and Commercial Application.—
(1) IN GENERAL.—The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards.
(2) PREFERENCE.—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 988.
(h) Intellectual Property.—The Secretary may require (in accordance with section 202(a)(ii) of title 35, United States Code, section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908)) that for any new invention developed under subsection (e)—
(1) 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;
(2)(A) 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
(B) 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
(3) 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.
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SEC. 934. 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—
(1) development of optimized technologies that are common to both electricity and hydrogen production;
(2) evaluation of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power;
(3) evaluation of materials issues for the thermochemical cycles described in paragraph (2);
(4) cogeneration of solar thermal electric power and photo-synthetic-based hydrogen production;
(5) system architectures and economics studies; and
(6) coordination with activities under the Next Generation Nuclear Plant Project established under subtitle C of title VI on high temperature materials, thermochemical cycles, and economic issues.
(c) Assessment.—In carrying out the program under this section, the Secretary shall—
(1) 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
(2) 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 the date of enactment of this Act, 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.
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SEC. 964. 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—
(1) 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;
(2) 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;
(3) develop and demonstrate coal bed electromagnetic wave imaging, spectroscopic reservoir analysis technology, and techniques for horizontal drilling in order to—
(A) identify areas of high coal gas content;
(B) increase methane recovery efficiency;
(C) prevent spoilage of domestic coal reserves; and
(D) minimize water disposal associated with methane extraction; and
(4) expand mining research capabilities at institutions of higher education.
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SEC. 968. METHANE HYDRATE RESEARCH.
(a) In General.—The Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 1902 note; Public Law 106-193) is amended to read as follows:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Methane Hydrate Research and Development Act of 2000’.
“SEC. 2. FINDINGS.
“Congress finds that—
“(1) in order to promote energy independence and meet the increasing demand for energy, the United States will require a diversified portfolio of substantially increased quantities of electricity, natural gas, and transportation fuels;
“(2) according to the report submitted to Congress by the National Research Council entitled ‘Charting the Future of Methane Hydrate Research in the United States’, the total United States resources of gas hydrates have been estimated to be on the order of 200,000 trillion cubic feet;
“(3) according to the report of the National Commission on Energy Policy entitled ‘Ending the Energy Stalemate—A Bipartisan Strategy to Meet America’s Energy Challenge’, and dated December 2004, the United States may be endowed with over one-fourth of the methane hydrate deposits in the world;
“(4) according to the Energy Information Administration, a shortfall in natural gas supply from conventional and unconventional sources is expected to occur in or about 2020; and
“(5) the National Academy of Sciences states that methane hydrate may have the potential to alleviate the projected shortfall in the natural gas supply.
“SEC. 3. DEFINITIONS.
“In this Act:
“(1) CONTRACT.—The term ‘contract’ means a procurement contract within the meaning of section 6303 of title 31, United States Code.
“(2) COOPERATIVE AGREEMENT.—The term ‘cooperative agreement’ means a cooperative agreement within the meaning of section 6305 of title 31, United States Code.
“(3) DIRECTOR.—The term ‘Director’ means the Director of the National Science Foundation.
“(4) GRANT.—The term ‘grant’ means a grant awarded under a grant agreement (within the meaning of section 6304 of title 31, United States Code).
“(5) INDUSTRIAL ENTERPRISE.—The term ‘industrial enterprise’ means a private, nongovernmental enterprise that has an expertise or capability that relates to methane hydrate research and development.
“(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).
“(7) SECRETARY.—The term ‘Secretary’ means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy.
“(8) SECRETARY OF COMMERCE.—The term ‘Secretary of Commerce’ means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
“(9) SECRETARY OF DEFENSE.—The term ‘Secretary of Defense’ means the Secretary of Defense, acting through the Secretary of the Navy.
“(10) SECRETARY OF THE INTERIOR.—The term ‘Secretary of the Interior’ means the Secretary of the Interior, acting through the Director of the United States Geological Survey, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service.
“SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.
“(a) In General.—
“(1) COMMENCEMENT OF PROGRAM.—Not later than 90 days after the date of enactment of the Energy Research, Development, Demonstration, and Commercial Application Act of 2005, the Secretary, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of the Interior, and the Director, shall commence a program of methane hydrate research and development in accordance with this section.
“(2) DESIGNATIONS.—The Secretary, the Secretary of Commerce, the Secretary of Defense, the Secretary of the Interior, and the Director shall designate individuals to carry out this section.
“(3) COORDINATION.—The individual designated by the Secretary shall coordinate all activities within the Department of Energy relating to methane hydrate research and development.
“(4) MEETINGS.—The individuals designated under paragraph (2) shall meet not later than 180 days after the date of enactment of the Energy Research, Development, Demonstration, and Commercial Application Act of 2005 and not less frequently than every 180 days thereafter to—
“(A) review the progress of the program under paragraph (1); and
“(B) coordinate interagency research and partnership efforts in carrying out the program.
“(b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals.—
“(1) ASSISTANCE AND COORDINATION.—In carrying out the program of methane hydrate research and development authorized by this section, the Secretary may award grants to, or enter into contracts or cooperative agreements with, institutions of higher education, oceanographic institutions, and industrial enterprises to—
“(A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a commercially viable source of energy;
“(B) identify methane hydrate resources through remote sensing;
“(C) acquire and reprocess seismic data suitable for characterizing methane hydrate accumulations;
“(D) assist in developing technologies required for efficient and environmentally sound development of methane hydrate resources;
“(E) promote education and traini | 