To authorize appropriations for environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology bioenergy programs, projects, and activities of the Department of Energy, and for other purposes.

June 28, 2001

Mr. BARTLETT of Maryland (for himself, Mr. UDALL of Colorado, Mr. BOEHLERT, Ms. JACKSON-LEE of Texas, Mr. SMITH of Texas, Mr. SMITH of Michigan, Mrs. MORELLA, Mr. EHLERS, Mr. DELAHUNT, and Mr. WAMP) introduced the following bill; which was referred to the Committee on Science

To authorize appropriations for environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology bioenergy programs, projects, and activities of the Department of Energy, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

Congress finds that bioenergy has potential to help--

(1) meet the Nation's energy needs;

(2) reduce reliance on imported fuels;

(3) promote rural economic development;

(4) provide for productive utilization of agricultural residues and waste materials; and

(5) protect the environment.

SEC. 3. DEFINITIONS.

For purposes of this Act--

(1) the term `appropriate congressional committees' means--

(A) the Committee on Science and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate;

(2) the term `biofuels' includes production of industrial chemicals;

(3) the term `Department' means the Department of Energy; and

(4) the term `Secretary' means the Secretary of Energy.

SEC. 4. AUTHORIZATION.

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

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

(a) BIOPOWER ENERGY SYSTEMS- There are authorized to be appropriated to the Secretary for Biopower Energy Systems programs, projects, and activities for which specific sums are not authorized under other authority of law--

(1) $45,700,000 for fiscal year 2002;

(2) $52,500,000 for fiscal year 2003;

(3) $60,300,000 for fiscal year 2004;

(4) $69,300,000 for fiscal year 2005; and

(5) $79,600,000 for fiscal year 2006.

(b) BIOFUELS ENERGY SYSTEMS- There are authorized to be appropriated to the Secretary for biofuels energy systems programs, projects, and activities for which specific sums are not authorized under other authority of law--

(1) $53,500,000 for fiscal year 2002;

(2) $61,400,000 for fiscal year 2003;

(3) $70,600,000 for fiscal year 2004;

(4) $81,100,000 for fiscal year 2005; and

(5) $93,200,000 for fiscal year 2006.

(c) INTEGRATED BIOENERGY RESEARCH AND DEVELOPMENT- There are authorized to be appropriated to the Secretary for integrated bioenergy research and development (including biofuels) programs, projects, and activities for which specific sums are not authorized under other authority of law, $49,000,000 for each of the fiscal years 2002 through 2006. Activities funded under this subsection shall be coordinated with ongoing related programs of other Federal agencies.

SEC. 6. LIMITS ON USE OF FUNDS.

(a) FEDERAL ACQUISITION REGULATION-

(1) REQUIREMENT- None of the funds authorized to be appropriated by this Act may be used to award, amend, or modify a contract of the Department in a manner that deviates from the Federal Acquisition Regulation, unless the Secretary grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver.

(2) CONGRESSIONAL NOTICE- At least 60 days before a contract award, amendment, or modification for which the Secretary intends to grant such a waiver, the Secretary shall submit to the appropriate congressional committees a report notifying the committees of the waiver and setting forth the reasons for the waiver.

(b) PRODUCTION OR PROVISION OF ARTICLES OR SERVICES- None of the funds authorized to be appropriated by this Act may be used to produce or provide articles or services for the purpose of selling the articles or services to a person outside the Federal Government, unless the Secretary determines that comparable articles or services are not available from a commercial source in the United States.

(c) REQUESTS FOR PROPOSALS- None of the funds authorized to be appropriated by this Act may be used by the Department to prepare or initiate Requests for Proposals for a program, project, or activity if the program, project, or activity has not been specifically authorized by Congress.

(d) TRADE ASSOCIATIONS- None of the funds authorized to be appropriated by this Act may be used either directly or indirectly to fund a grant, contract, subcontract, or any other form of financial assistance awarded by the Department to a trade association on a noncompetitive basis.

SEC. 7. COST SHARING.

(a) RESEARCH AND DEVELOPMENT- The Secretary shall require, for research and development programs, projects, and activities carried out by industry under this Act, a commitment from non-Federal sources of at least 20 percent of the cost of such programs, projects, and activities.

(b) DEMONSTRATION AND COMMERCIAL APPLICATION- The Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of any demonstration or commercial application program, project, or activity conducted under this Act.

SEC. 8. LIMITATION ON DEMONSTRATIONS AND COMMERCIAL APPLICATIONS OF ENERGY TECHNOLOGY.

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

END