Energy Policy Act of 2002

Securing America's Future Energy Act of 2001, or the SAFE Act of 2001 - Expresses the sense of Congress that the U.S. should take all actions necessary in the areas of conservation, efficiency, alternative source, technology development, and domestic production to reduce the U.S. dependence on foreign energy sources from 56 percent to 45 percent by January 1, 2012, and to reduce U.S. dependence on Iraqi energy sources from 700,000 barrels per day to 250,000 barrels per day by January 1, 2012.Division A - Energy Advancement and Conservation Act of 2001 - Title I: Energy Conservation - Subtitle A: Reauthorization of Federal Energy Conservation Programs - Amends the Department of Energy Organization Act to reauthorize through FY 2006 specified Federal Energy Conservation Programs including: (1) promotion of export of energy efficient products; (2) energy conservation standards for new buildings; (3) the Federal Energy Management Program; (4) energy efficient lighting and building centers; (5) energy efficiency labeling for windows and window systems; (6) energy efficiency for commercial office equipment; (7) energy efficiency information for luminaires; (8) energy efficiency in industrial facilities; and (9) process-oriented industrial energy efficiency.Subtitle B: Federal Leadership in Energy Conservation - Expands the purposes of the National Energy Conservation Policy Act (NEPCA) to include Federal Government promotion of production, supply, and marketing of energy efficiency products and services, and the production, supply, and marketing of unconventional and renewable energy resources.(Sec. 121) Revises energy performance requirements for Federal buildings through FY 2020.Authorizes appropriations through FY 2010 for studies by the Secretary of Energy (Secretary) to identify and encourage production and marketing of energy efficiency products and services, and of unconventional and renewable energy resources.Prescribes implementation guidelines for: (1) Federal agency acquisition of only Energy Star products when purchasing energy-using products; and (2) metering and submetering of all energy-using Federal buildings (including buildings owned by the legislative and judicial branches).Requires each Federal agency to conduct energy management reviews and to implement measures to achieve the potential efficiency and renewable savings identified in such reviews.(Sec. 122) Revises the meaning of cost savings in Federal Energy Savings Performance Contracts. Treats reduction in the cost of water and replacement facilities as energy savings. Requires a Federal agency to engage in contracting and auditing to implement energy savings performance contracts to ensure compliance with the energy efficiency requirements of this Act.(Sec. 123) Authorizes a utility incentive program to include a contract or contract term designed to provide for cost-effective electricity demand management, energy efficiency, or water conservation.Encourages Federal agencies to participate in State or regional demand side reduction programs, including those operated by wholesale market institutions such as independent system operators, and regional transmission organizations.(Sec. 124) Mandates Federal agency compliance with specified efficiency standards governing air conditioners and heat pumps.(Sec. 125) Directs the Secretary to establish an Advanced Building Efficiency Testbed program to develop, test, and demonstrate advanced engineering systems, components, and materials to enable innovations in building technologies. Authorizes appropriations.(Sec. 126) Mandates: (1) Federal agency use of interval consumption data that measure real time electricity consumption in Federal buildings; (2) a review of the Federal Energy Savings Performance Contracts program to identify obstacles that prevent Federal agencies from fully utilizing it; and (3) an evaluation of the Capitol Complex energy infrastructure to determine how it could be augmented to become more energy efficient, using unconventional and renewable energy resources, so as to enable the Complex to have reliable utility service in the event of power fluctuations, shortages, or outages. Authorizes appropriations for the Capitol Complex evaluation.Subtitle C: State Programs - Amends the Energy Policy and Conservation Act to direct the Secretary at least once every three years to invite the Governor of each State to: (1) review and revise, if necessary, the State energy conservation plan, taking into consideration the energy conservation plans of other States within the region; and (2) identify opportunities and actions implemented in pursuit of common energy conservation goals. Requires State energy plans to contain a specified energy efficiency improvement goal.(Sec. 132) Authorizes appropriations for: (1) State energy conservation plans (through FY 2005); (2) the energy conservation program for schools and hospitals (through FY 2010); (3) the weatherization assistance program (through FY 2005); and (4) the Low-Income Home Energy Assistance program (through FY 2005).(Sec. 135) Establishes in Department of Energy (DOE) the High Performance Public Buildings Program for energy efficiency assistance grants to local government units. Authorizes appropriations.Subtitle D: Energy Efficiency for Consumer Products - Establishes an Energy Star program at DOE and the Environmental Protection Agency (EPA) to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through labeling of products and buildings that meet the highest energy efficiency standards. Divides implementation responsibilities between DOE and EPA, and directs each to: (1) promote Energy Star compliant technologies as the preferred technologies for achieving energy efficiency and pollution reduction; (2) work to enhance public awareness of the Energy Star label; (3) preserve the integrity of the Energy Star label; and (4) determine whether the Energy Star label should be extended to certain additional products and buildings.(Sec. 141A) Establishes in DOE and EPA the Energy Sun Renewable and Alternative Energy Program, a government-industry partnership administered by the Secretary of Energy (Secretary) and the Administrator of EPA (Administrator), to identify and promote the purchase of renewable and alternative energy products. Prescribes program parameters.(Sec. 142) Directs the Secretary to make recommendations to the Federal Trade Commission about labeling of certain consumer products that is likely to assist consumers in making purchasing decisions and is technologically and economically feasible.(Sec. 143) Prohibits household appliances from consuming more than one watt of standby mode electric energy. Directs the Secretary to: (1) prescribe an energy conservation standard of standby mode electric energy consumption by digital televisions sets, digital set top boxes, and digital video recorders; (2) develop and implement a public education campaign concerning the energy savings resulting from regularly scheduled maintenance of air conditioning, heating, and ventilating systems; and (3) prescribe testing requirements, and assess the current and projected future market, for residential furnace, central air conditioner, heat pump circulation, and suspended ceiling fans, and refrigerated bottled or canned beverage vending machines.Subtitle E: Energy Efficient Vehicles - Authorizes a State, for energy conservation purposes, to permit a hybrid vehicle or a vehicle fueled by an alternative fuel with fewer than two occupants to operate in high occupancy vehicle lanes.(Sec. 152) Directs the Secretary to establish a public-private research partnership with railroad carriers, locomotive manufacturers, and a world-class research and test center dedicated to the advancement of railroad technology, efficiency, and safety that is owned by the Federal Railroad Administration and operated in the private sector, for the development and demonstration of locomotive technologies that increase fuel economy, reduce emissions, improve safety, and lower costs. Authorizes appropriations for FY 2002 through 2004.(Sec. 153) Amends the Energy Policy Act of 1992 to allow biodiesel fuel use credits to be considered as credits for acquisition by a fleet or a covered person of an alternative fueled light duty motor vehicle in excess of the number required.(Sec. 154) Directs the Administrator of the Environmental Protection Agency (EPA) to review EPA policies regarding the use of mobile to stationary source trading of emission credits under the Clean Air Act to determine whether such trading can provide both nonattainment and attainment areas with additional flexibility in achieving and maintaining healthy air quality and increasing use of alternative fuel and advanced technology vehicles, thereby reducing U.S. dependence on foreign oil.Subtitle F: Other Provisions - Requires each Federal agency to: (1) review its regulations and standards to determine those that act as a barrier to market entry for emerging energy-efficient technologies; and (2) periodically detail for Congress and the President all regulatory barriers to emerging energy-efficient technologies, along with agency actions to remove such barriers.(Sec. 162) Directs the EPA Administrator to: (1) determine whether the Agency's mobile source air emissions models used under the Clean Air Act accurately reflect emissions resulting from extended idling of heavy-duty trucks and other vehicles and engines; (2) update those models the Administrator deems appropriate; (3) review the appropriate emissions reductions credit that should be allotted under such Act for advanced idle elimination systems; (4) review whether such credits should be subject to an emissions trading system; and (5) revise Agency regulations and guidance as the Administrator deems appropriate.(Sec. 163) Requires the Secretary and the Administrator to conduct a joint study and report to Congress on the benefits and feasibility of: (1) oil by-pass filtration technology in motor vehicle engines in terms of reduced demand for oil and reduced waste and air pollution; and (2) using such technology in the Federal motor vehicle fleet.(Sec. 164) Directs the Secretary to study and report to Congress on: (1) the economic feasibility of installing small cogeneration facilities utilizing excess gas flares at petrochemical facilities to provide reduced electricity costs to customers living within three miles of the facilities; and (2) the energy conservation implications of the widespread adoption of telecommuting.Title II: Automobile Fuel Economy - Amends Federal transportation law to direct the Secretary of Transportation to: (1) prescribe average fuel economy standards for non-passenger automobiles manufactured in model years 2004 through 2010 that are calculated to ensure that the aggregate amount of gasoline projected to be used is at least five billion gallons less than the aggregate amount used under the standard applicable to non-passenger automobiles manufactured in model year 2002; and (2) consider the potential benefits of establishing a certain weight-based system for non-passenger automobiles, and prescribing different fuel economy standards for such system.(Sec. 203) Extends: (1) the manufacturing incentives for dual fueled automobiles through model year 2008; and (2) the limitation on the maximum average fuel economy increase for such automobiles.(Sec. 204) Revises fuel economy standards governing the Federal fleet of automobiles to direct the head of each executive agency to: (1) determine the baseline average fuel economy for the agency's fleet; and (2) manage procurement so that the average fuel economy of new automobiles in the agency's fleet is not less than specified miles per hour higher than such baseline by certain deadlines.(Sec. 205) Amends the Energy Policy Act of 1992 to mandate: (1) specified additional alternative fueled or hybrid vehicles for the Federal light-duty motor vehicle fleet; and (2) reduction of petroleum-based nonalternative fuel purchases for the fleet through the purchase of alternative fuels in order to achieve total fleet reliance upon alternative fuels.Requires the Secretary to promulgate implementation standards, monitor compliance with such mandate, and report annually to Congress. Authorizes appropriations.(Sec. 207) Directs the Secretary of Transportation to arrange with the National Academy of Sciences to study the feasibility and effects of reducing automobile fuel use by a significant percentage by model year 2010.Title III: Nuclear Energy - Amends the Atomic Energy Act of 1954 to set 40 years as the maximum initial duration of a combined construction and operating license for an industrial or commercial nuclear energy utilization and production facility.(Sec. 303) Extends the prohibition against the withdrawal of funds from the U.S. Enrichment Corporation Fund (USEC Fund) to treat and recycle depleted uranium hexafluoride until one year after the date on which the President submits to Congress the budget request for FY 2005.(Sec. 304) Requires the NRC to: (1) record its official business discussions; (2) notify the public within 15 days afterwards; and (3) make a transcript of the recording available to the public upon request.(Sec. 305) Authorizes appropriations for: (1) cooperative, cost-shared, agreements between DOE and domestic uranium producers regarding improved in situ leaching mining technologies; (2) demonstration projects with domestic uranium producers regarding enhanced production with minimal environmental impacts, restoration of well fields, and decommissioning and decontamination activities; and (3) a contract with the Nation's sole remaining uranium converter for research and development to improve the environmental and economic performance of U.S. uranium conversion operations.(Sec. 307) Directs the Secretary to submit a plan to Congress that establishes scope, cost, schedule, sequence of activities, and contracting strategy for: (1) decontamination and decommissioning of the DOE's surplus buildings and facilities at the Paducah Gaseous Diffusion Plant that have no future anticipated reuse; and (2) remediation of DOE Material Storage Areas at the plant.(Sec. 308) Instructs the Secretary to study and report to Congress on the feasibility of developing commercial nuclear energy production facilities at existing DOE sites.(Sec. 309) Amends the USEC Privatization Act to prohibit Federal sales or transfer of uranium, with specified exceptions, through March 23, 2009, (including natural uranium concentrates, natural uranium hexafluoride, enriched uranium, depleted uranium, or uranium in any other form).Title IV: Hydroelectric Energy - Amends the Federal Power Act to authorize license applicants for project works within any Federal reservation to propose alternatives to conditions or fishways prescribed by certain Federal agencies.(Sec. 402) Directs the Federal Energy Regulatory Commission (FERC) to: (1) revise its data collection procedures concerning hydroelectric licenses under consideration; and (2) submit a status report thereon to certain congressional committees.Title V: Fuels - Directs the EPA Administrator to commence a rulemaking to determine whether modified regulations governing: (1) the transition to high ozone season reformulated gasoline are necessary to ensure that such transition minimizes disruptions to the general availability and affordability of gasoline, and maximizes flexibility regarding draining and inventory management of gasoline storage tanks consistent with the Clean Air Act; and (2) certain requirements relating to gasoline blendstocks are necessary to facilitate the movement of gasoline and gasoline feedstocks among different regions, and to improve the ability of petroleum refiners and importers to respond to regional gasoline shortages and prevent unreasonable short-term price increases.(Sec. 503) Directs the Administrator and the Secretary jointly to analyze and report to Congress on Federal, State, and local requirements for designated ("boutique") motor vehicle fuels that vary among regions and jurisdictions, including recommended legislative actions to: (1) simplify the national distribution system; (2) make it more cost-effective; and (3) reduce the costs and increase the availability of motor vehicle fuel while meeting Clean Air Act requirements.(Sec. 504) Authorizes appropriations from the Leaking Underground Storage Trust Fund for certain actions concerning methyl tertiary butyl ether (MTBE) contamination from underground storage tanks.Title VI: Renewable Energy - Directs the Secretary to publish an assessment by the National Laboratories of all renewable energy resources available within the U.S..(Sec. 602) Amends the Energy Policy Act of 1992 to prohibit the Secretary from establishing criteria or procedures governing renewable energy production incentives that effectively assign a higher or lower priority for eligibility or allocation of appropriated funds on the basis of the energy source proposed.(Sec. 603) Instructs the Secretary to study and report to Congress on the feasibility of providing guarantees for loans by private banking and investment institutions for facilities for processing and conversion of municipal solid waste and sewage sludge into fuel ethanol and other commercial byproducts.(Sec. 604) Directs the Administrator and the Secretary to conduct a joint feasibility study and report to Congress on development of a requirement that motor vehicle fuel sold or introduced into commerce by a refiner, blender, or importer, be composed of a quantity of renewable fuel, measured in gasoline-equivalent gallons, including: (1) evaluation of the use of a banking and trading credit system; and (2) desirability of requiring an increasing percentage of renewable fuel to be phased in over a 15-year period.Title VII: Pipelines - Prohibits Federal approval for construction of a natural gas pipeline to transport natural gas from lands within the Prudhoe Bay (Alaska) oil and gas lease area that: (1) follows a route traversing submerged lands beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters Canada at any point north of 68 degrees North latitude.(Sec. 702) Amends the Natural Gas Act to deny a transportation facility eligibility for inclusion on the National Register of Historic Places unless: (1) FERC has permitted its abandonment; or (2) the facility owner has granted written consent to such eligibility.Title VIII: Miscellaneous Provisions - Authorizes the Secretary of Energy to make a single grant to a qualified institution to examine and develop the feasibility of burning post-consumer carpet in cement kilns as an alternative energy source. Authorizes appropriations.(Sec. 802) Requires the Secretary to include in certain Department of Energy Organization Act reports an evaluation of U.S. progress toward obtaining the goal of not more than 50 percent dependence on foreign oil sources by 2010.(Sec. 803) Requires the Administrator and the Secretary of Transportation to jointly study and report to Congress on the impact of aircraft emissions at airports located within areas that are considered to be in nonattainment for the national ambient air quality standard for ozone.Division B - Comprehensive Energy Research and Technology Act of 2001 - Enumerates goals for energy research, development, demonstration and commercial application programs targeting the following areas: (1) energy conservation and efficiency with respect to the building technology, state, and community sector, the industry sector, power technologies, and the transportation sector; (2) renewable energy targeting hydrogen research, bioenergy, geothermal technology development, hydropower, concentrating solar power, photovoltaic energy systems, solar building technology research, wind energy systems, electric energy systems and storage, international renewable energy and renewable energy production incentive programs, and renewable program support; (3) nuclear energy; (4) fossil energy; and (5) science.(Sec. 2004) Instructs the Secretary of Energy (the Secretary) to perform an assessment that establishes measurable cost and performance-based goals for specified five-year periods for programs authorized by this Act.(Sec. 2007) Expresses the sense of Congress that the funding of the various programs authorized by titles I through IV of this Act should remain in the same proportion to each other as provided in this Act, regardless of the total amount of funding made available for them.Title I: Energy Conservation and Energy Efficiency - Subtitle A: Alternative Fuel Vehicles - Alternative Fuel Vehicle Acceleration Act of 2001 - Directs the Secretary to establish an alternative fuel vehicle competitive grant pilot program for up to 15 State and local governments and metropolitan transportation authorities. Defines alternative fuel vehicle as a motor vehicle powered in whole or in part by electricity, liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, methanol or ethanol, or propane. Authorizes appropriations.Subtitle B: Distributed Power Hybrid Energy Systems - Directs the Secretary to develop and transmit to Congress a strategy for distributed power hybrid systems which, in part, provides for development of a research, demonstration, and commercial application program to ensure reliability, efficiency, and environmental integrity of distributed energy resources, focusing on technology gaps and barriers that hamper the use of such systems.(Sec. 2124) Directs the Secretary to: (1) develop and implement a comprehensive research, development, demonstration, and commercial application program to improve energy efficiency, reliability, and environmental responsibility in high power density industries, such as data centers, server farms, telecommunications facilities, and heavy industry; (2) award competitive, merit-based grants to consortia of private sector entities for micro-cogeneration energy technology development; and (3) work with standards development organizations toward the development of voluntary consensus standards for distributed energy systems.Subtitle C: Secondary Electric Vehicle Battery Use - Directs the Secretary to establish and conduct a research, development, and demonstration program for the secondary use of batteries where their original use was in transportation applications. Authorizes appropriations.Subtitle D: Green School Buses - Clean Green School Bus Act of 2001- Directs the Secretary to establish: (1) a pilot program to award demonstration and commercial application grants for alternative fuel school buses and ultra-low sulfur diesel school buses; and (2) a program of cooperative agreements with private sector fuel cell bus developers for development and demonstration of fuel cell-powered school buses, and with local governmental units for use of natural-gas powered school buses. Authorizes appropriations.Subtitle E: Next Generation Lighting Initiative - Next Generation Lighting Initiative Act - Authorizes the Secretary to establish the Next Generation Lighting Initiative, a research and development program to promote advanced lighting technologies (including white light emitting diodes). Directs the Secretary to study strategies for development and commercial application of such technologies.Subtitle F: Department of Energy Authorization of Appropriations - Authorizes appropriations for the following Department of Energy programs: (1) alternative fuel vehicles; (2) micro-cogeneration energy technology; (3) the green school bus program; (4) distributed power hybrid energy systems; (5) secondary electric vehicle battery use; (6) the Next Generation Lighting Initiative; and (7) energy conservation operation and maintenance (including building technology, the state and community sector, the industry and transportation sectors, and power technologies).(Sec. 2161) Bars the use of funds earmarked for such programs for: (1) residential and commercial building energy codes; (2) lighting and appliance standards; (3) the Weatherization Assistance Program; (4) the State Energy Program; and (5) the Federal Energy Management Program.Subtitle G: Environmental Protection Agency Office of Air and Radiation Authorization of Appropriations - Environmental Protection Agency Office of Air and Radiation Authorization Act of 2001 - Authorizes appropriations to the Administrator of the Environmental Protection Agency for the Office of Air and Radiation Climate Change Protection Programs, with specified limitations upon their use.(Sec. 2175) Requires the Administrator to limit funding for scientific or energy demonstration or commercial application of Office energy technology programs, projects, or activities to those technologies or processes that can be reasonably expected to yield new, measurable benefits to their cost, efficiency, or performance.(Sec. 2176) Permits the reprogramming of funds, subject to specified conditions.Subtitle H: National Building Performance Initiative - Requires the Director of the Office of Science and Technology Policy to establish: (1) an Interagency Group to develop and implement a National Building Performance Initiative addressing energy conservation, research, and development, and transmit to Congress a multiyear implementation plan describing the Federal role in reducing use and operations costs of buildings by 30 percent by 2020; and (2) a National Building Performance Advisory Committee.Title II: Renewable Energy - Subtitle A: Renewable Hydrogen - Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable resources.(Sec. 2205) Modifies the hydrogen research and development program to instruct the Secretary to survey private sector and public sector hydrogen research and development activities worldwide, taking steps to ensure that research and development activities under this section do not duplicate available research and development results.(Sec. 2206) Directs the Secretary to launch a fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus application.(Sec. 2207) Modifies the technology transfer program to include application in foreign countries to increase the global market for the technologies and foster global economic development without harmful environmental effects.(Sec. 2209) Abolishes the Hydrogen Technical Advisory Panel as presently constituted. Directs the Secretary to enter into arrangements with the National Academies of Sciences and Engineering to establish an advisory committee.(Sec. 2210) Authorizes appropriations through FY 2006.(Sec. 2211) Amends the Hydrogen Future Act of 1996 to repeal the program regarding the integration of fuel cells with hydrogen production systems.Subtitle B: Bioenergy - Bioenergy Act of 2001 - Authorizes appropriations through FY 2006 for: (1) bioenergy research and development programs; (2) biofuels energy systems; and (3) integrated bioenergy research and development. Declares that: (1) such activities shall be coordinated with ongoing related Federal programs, including the Plant Genome Program of the National Science Foundation; and (2) funds may be used to assist in the planning, design, and implementation of projects to convert rice straw and barley grain into biopower or biofuels.Subtitle C: Transmission Infrastructure Systems - Directs the Secretary to: (1) implement a comprehensive research, development, and commercial application program to ensure the reliability and environmental integrity of electrical transmission systems; and (2) transmit to Congress a five-year program plan guide. Requires program components to include: (1) advanced energy technologies and systems; (2) high capacity superconducting transmission lines and generators; (3) advanced grid reliability and efficiency technologies development; and (4) technologies contributing to significant load reductions, advanced metering, load management and control technologies, and technology transfer and education.Subtitle D: Department of Energy Authorization of Appropriations - Authorizes appropriations through FY 2004 for Renewable Energy operation and maintenance (including wave powered electric generation). Bars the use of such appropriations for either Departmental Energy Management Program or Renewable Indian Energy Resources.Title III: Nuclear Energy - Subtitle A: University Nuclear Science and Engineering - Department of Energy University Nuclear Science and Engineering Act - Directs the Secretary to: (1) support a program to maintain the nation's human resource investment and infrastructure in nuclear sciences and engineering; and (2) provide for specified university research and training reactor infrastructure maintenance and research activities.(Sec. 2304) Authorizes appropriations through 2006 for: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grants; (3) the nuclear engineering and education research program; (4) communication and outreach related to nuclear science and engineering; (5) refueling of research reactors and instrumentation upgrades; (6) relicensing assistance; (7) a university reactor research and training award program; and (8) university-DOE laboratory interactions.Subtitle B: Advanced Fuel Recycling Technology Research and Development Program - Directs the Secretary to conduct an advanced fuel recycling technology research and development program to promote the availability of proliferation-resistant fuel recycling technologies as an alternative to aqueous reprocessing. Authorizes appropriations through FY 2004.Subtitle C: Department of Energy Authorization of Appropriations - Directs the Secretary, through the Office of Nuclear, Energy, Science and Technology, to conduct: (1) a Nuclear Energy Research Initiative for a competitive nuclear energy research grants program; (2) a Nuclear Energy Plant Optimization research and development program (in conjunction with industry); and (3) a study of Generation IV nuclear energy systems. Authorizes appropriations through FY 2004.(Sec. 2344) Authorizes appropriations through FY 2004 for nuclear energy operation and maintenance, including Advanced Radioisotope Power Systems, Test Reactor Landlord, and Program Direction.Bars the use of funds authorized for these programs for: (1) Nuclear Energy Isotope Support and Production; (2) Argonne National Laboratory-West Operations; (3) Fast Flux Test Facility; or (4) Nuclear Facilities Management.Title IV: Fossil Energy - Subtitle A: Coal - Authorizes appropriations through FY 2004 for coal and related technologies programs.Subtitle B: Oil and Gas - Directs the Secretary to conduct a research, development, demonstration, and commercial application program on petroleum-oil and natural gas technologies.(Sec. 2423) Directs the Secretary of the Interior to report to Congress at two-year intervals regarding the contents of natural gas and oil deposits at existing drilling sites off the coast of Louisiana and Texas.(Sec. 2424) Authorizes appropriations for Eastern and Western oil shale grants.Subtitle C: Ultra-Deepwater and Unconventional Drilling - Natural Gas and Other Petroleum Research, Development, and Demonstration Act of 2001 - Directs the Secretary of Energy to conduct a research, development, demonstration, and commercial application program on ultra-deepwater natural gas and petroleum exploration and production technologies in areas currently available for Outer Continental Shelf leasing.(Sec. 2444) Declares that, when appropriate, the National Energy Technology Laboratory and the U.S. Geological Survey shall implement long-term research programs into new natural gas and other petroleum exploration and production technologies, including environmental mitigation technologies for production from unconventional and ultra-deepwater resources, including methane hydrates. Requires such Laboratory to conduct a program of research, development, and demonstration of new technologies for the reduction of greenhouse gas emissions from unconventional and ultra-deepwater natural gas or other petroleum exploration and production activities, including sub-sea floor carbon sequestration technologies.(Sec. 2445) Directs the Secretary to establish an Advisory Committee (whose members are not Federal employees or contractors) to advise on the selection of an organization to create a Research Organization and on implementation of this Act.(Sec. 2446) Prescribes a procedure for selecting an entity to create the Research Organization. Requires the Research Organization to award competitive grants to research institutions, institutions of higher education, companies, and consortia conducting research, development, and demonstration of: (1) unconventional and ultra-deepwater natural gas or other petroleum exploration; and (2) ultra-deepwater architecture.(Sec. 2450) Establishes the Ultra-Deepwater and Unconventional Gas Research Fund (funded by loans from the Treasury and Federal oil and gas income) to pay for such grants.Subtitle D: Fuel Cells - Directs the Secretary to: (1) conduct a fuel cell research, development, demonstration, and commercial application program; and (2) establish a demonstration program of fuel cell technologies (including fuel cell proton exchange membrane technology) for commercial, residential, and transportation applications. Authorizes appropriations through FY 2004.Subtitle E: Department of Energy Authorization of Appropriations - Authorizes appropriations through FY 2004 for operation and maintenance for research, development, and commercial application programs on: (1) petroleum-oil technology and natural gas technologies; (2) fuel cells technologies; and (3) Fossil Energy Research and Development Headquarters Program Direction, Field Program Direction, Plant and Capital Equipment, Cooperative Research and Development, Import/Export Authorization, and Advanced Metallurgical Processes.(Sec. 2481) Prohibits the use of such appropriations for: (1) Gas Hydrates; (2) Fossil Energy Environmental Restoration; or (3) research, development, demonstration, and commercial application pertaining to coal and clean coal technologies.Title V: Science - Subtitle A: Fusion Energy Sciences - Fusion Energy Sciences Act of 2001 - Directs the Secretary to develop a plan for: (1) U.S. construction of a magnetic fusion burning plasma experiment; and (2) the Fusion Energy Sciences Program to enable such burning plasma experiments. Authorizes plan development for U.S. participation in an international burning plasma experiment if the Secretary finds that its construction is highly likely, and that Federal participation is cost effective relative to the domestic experiment.(Sec. 2505) Authorizes appropriations through FY 2003 for plan development and review of the plans under the Fusion Energy Sciences Program, but not for their implementation.Subtitle B: Spallation Neutron Source - Authorizes appropriations through 2006 for the Spallation Neutron Source (at Oak Ridge National Laboratory, Tennessee). Authorizes appropriations through FY 2006.Subtitle C: Facilities, Infrastructure, and User Facilities - Directs the Secretary to: (1) develop and implement a least-cost nonmilitary energy laboratory facility and infrastructure strategy; and (2) prepare and transmit to Congress a comprehensive ten-year facility maintenance, construction, and implementation plan at each nonmilitary energy laboratory.Subtitle D: Advisory Panel on Office of Science - Requires the Director of the Office of Science and Technology Policy to establish an Advisory Panel on the Office of Science to: (1) address concerns about the status and future of scientific research supported by the Office; (2) examine alternatives to the current organizational structure of the Office within the Department, taking into consideration existing structures for the support of scientific research in other Federal agencies and the private sector; and (3) suggest actions to strengthen the scientific research supported by the Office that might be taken jointly by the Department and Congress.Subtitle E: Department of Energy Authorization of Appropriations - Authorizes appropriations through FY 2002 for the Office of Science (including Facilities, Infrastructure, and User Facilities, High Energy Physics, Nuclear Physics, Biological and Environmental Research, Basic Energy Sciences (except for the Spallation Neutron Source), Advanced Scientific Computing Research, Energy Research Analysis, Multiprogram Energy Laboratories-Facilities Support, Facilities and Infrastructure, Safeguards and Security, and Program Direction). Allocates specified sums for research regarding precious metal catalysis (excluding platinum, palladium, and rhodium).(Sec. 2581) Prohibits the use of such funds for construction at any national security laboratory or at any nuclear weapons production facility .Title VI: Miscellaneous - Subtitle A: General Provisions for the Department of Energy - Sets forth general operating parameters for the authorized activities and agreements under this Act, including management and operating contracts, and cost sharing for research and development, demonstration and commercial application projects.(Sec. 2604) Restricts the Secretary's funding power to technologies or processes under this Act that can be reasonably expected to yield new, measurable benefits to cost, efficiency, or performance. Subjects the Secretary's reprogramming authority to certain congressional reporting requirements and an appropriations ceiling.Subtitle B: Other Miscellaneous Provisions - Requires the Secretary to provide notice to the appropriate congressional committees as a prerequisite to reorganization of any environmental research or development, scientific or energy research, development, or demonstration, or commercial application of energy technology program, project, or activity of the Department.(Sec. 2612) Specifies limits upon general plant and construction projects, including the Secretary's construction design authority.(Sec. 2615) Mandates reports to the appropriate congressional committees following review of the National Energy Policy Development Group Report on: (1) energy efficiency, renewable energy, and alternative energy research and development; and (2) more efficient use of the Nation's energy resources.(Sec. 2616) Directs the Secretary to: (1) enter into arrangements with the National Academies of Sciences and Engineering to ensure periodic five-year assessments of the programs authorized by this Act, as well as their measurable cost and performance-based goals, and progress toward meeting them; and (2) report the results of such reviews and assessments to congressional committees.Division C - Energy Tax Policy Act of 2001 - Title I: Conservation - Allows an annual credit of up to $2,000 each for certain portions of qualified photovoltaic property expenditures and qualified solar water heating property expenditures.(Sec. 3102) Extends the placed-in-service date for wind facilities and closed-loop biomass facilities to facilities placed in service after December 31, 1993 (December 31, 1992, in the case of closed-loop biomass facilities) and before January 1, 2007.(Sec. 3103) Provides a ten-percent credit (up to $1,000 for each kilowatt of capacity) for the purchase of qualified stationary fuel cell power plants for businesses and individuals.(Sec. 3104) Establishes a credit for the purchase of new qualified fuel cell motor vehicles (between $4,000 and $40,000 depending on vehicle weight class, vehicle type, and fuel efficiency), new qualified hybrid motor vehicles (between $250 and $10,000 depending on vehicle weight class, vehicle type, and fuel efficiency), new qualified alternative fuel motor vehicles (50 percent of the incremental cost, plus an additional 30 percent for vehicles meeting specified emissions standards), and new advanced lean burn technology motor vehicles (between $1,000 and $3,500 depending on fuel efficiency).(Sec. 3105) Extends the deduction for costs of qualified clean-fuel vehicle property and clean-fuel vehicle refueling property through December 31, 2007. Begins the present law phase-out in 2005.(Sec. 3106) Limits the credit for electric vehicles to between $4,000 and $40,000, depending upon vehicle weight.(Sec. 3107) Provides a credit for the manufacture of certain energy-efficient clothes washers and refrigerators ($50 or $100 depending on energy efficiency).(Sec. 3108) Provides a 20-percent nonrefundable credit ($2,000 maximum) for the purchase of qualified energy efficiency improvements to existing homes.(Sec. 3109) Provides a credit ($2,000 maximum per dwelling) to an eligible contractor for energy-efficient property installed in a qualified new energy-efficient home during construction.(Sec. 3110) Allows a deduction for energy-efficient commercial building property expenditures made by the taxpayer, equal to the product of $2.25 and the square footage of the property for which such expenditures were made.(Sec. 3111) Allows a deduction of up to $30 for each qualified new or retrofitted energy management device placed in service by any taxpayer who is a supplier of electric energy or natural gas or a provider of electric energy or natural gas services.(Sec. 3112) Provides a three-year recovery period for qualified new or retrofitted energy management devices placed in service by any taxpayer who is a supplier of electric energy or natural gas or a provider of electric energy or natural gas services.(Sec. 3113) Provides a ten-percent credit for the purchase of combined heat and power property.(Sec. 3114) Allows the personal energy credits added by this Act (the residential solar energy property credit and the energy efficient improvements to existing homes credit) to offset both the regular tax and the alternative minimum tax.(Sec. 3115) Repeals the 4.3-cents-per-gallon General Fund excise tax on diesel fuel used in trains and fuels used in barges operating on the designated inland waterways system over a prescribed phase-out period, with total repeal effective January 1, 2010.(Sec. 3116) Provides a reduced tax rate (19.7 cents per gallon) for diesel fuel blended with water into an emulsion fuel which is at least 14 percent water.(Sec. 3117) Provides a ten percent investment tax credit for qualified investments in advanced clean coal technology facilities.(Sec. 3118) Provides a production credit for electricity produced from a qualified advanced clean coal technology electricity generation unit.Title II: Reliability - Establishes a statutory seven-year recovery period and a class life of ten years for natural gas gathering lines.(Sec. 3202) Establishes a statutory ten-year recovery period and a class life of twenty years for natural gas distribution lines.(Sec. 3203) Establishes a statutory seven-year recovery period and a class life of ten years for assets used in petroleum refining.(Sec. 3204) Permits small business refiners to expense for up to 75 percent of the costs paid or incurred for the purpose of complying with the EPA Highway Diesel Fuel Sulfur Control Requirements.(Sec. 3205) Allows a small business refiner to claim a limited credit equal to five cents per gallon of low sulfur diesel fuel produced.(Sec. 3206) Amends the formula for determining the small refiner exception to the ordinary oil depletion deduction to increase from 50,000 barrels to 75,000 barrels per year the maximum production of an eligible small refiner.(Sec. 3207) Provides for tax-exempt bond financing of certain electric facilities. Excepts government-owned electric output facilities from private business use limitations with respect to any permitted open access activity or sale of electricity by the governmental unit.(Sec. 3208) Permits a taxpayer to elect to treat as an involuntary conversion any sale or disposition of electric transmission made to implement FERC or State electric restructuring policy.(Sec. 3209) Excepts from the recognition of gain on the distribution of property the acquisition of stock in any controlled corporation in a qualifying electric transmission transaction.(Sec.3210) Modifies the special rules concerning nuclear decommissioning costs.(Sec. 3211) Provides that income received or accrued by a rural electric cooperative from any open access transaction (other than income from a member of the cooperative) or from any nuclear decommissioning transaction shall be excluded from any determination whether a rural electric cooperative satisfies the 85-percent member income test for tax exemption purposes.(Sec. 3212) Repeals the requirement that certain approved terminals of registered persons offer dyed diesel or kerosene for nontaxable purposes.(Sec. 3213) Excepts from the general rule that tax-exempt bond financed prepayments violate arbitrage restrictions any prepayment financed with tax-exempt bond proceeds for the purpose of obtaining a supply of natural gas: (1) 85 percent of which is to be used in the State where the bond issuer is located; and (2) which is to be used in the business of one or more governmental utilities. Declares that the private loan financing test shall not apply to such prepayments, nor shall they be treated as the acquisition of investment-type property.Title III: Production - Establishes a specified credit for producing oil and gas from marginal wells.(Sec. 3302) Suspends the limit on percentage depletion deductions to no more than 65 percent of overall taxable income for years beginning after December 31, 2001, and before January 1, 2007. Extends from 2003 to 2007 the suspension of the 100 percent net-income limitation for marginal wells.(Sec. 3303) Permits the current deduction of: (1) delay rental payments incurred in connection with the development of oil or gas within the U.S.; and (2) geological and geophysical costs incurred in connection with oil and gas exploration in the U.S.(Sec. 3305) Provides a special five-year carryback for certain eligible oil and gas net operating losses.(Sec. 3306) Permits taxpayers to claim credit for production of certain non-conventional fuels produced at wells placed in service after the date of enactment and before January 1, 2007. Permits production from certain existing wells (any well drilled after December 31, 1979, and before January 1, 1993) to claim a credit through 2006.(Sec. 3307) Allows the business energy credits added by this Act against the regular tax and the alternative minimum tax.(Sec. 3308) Repeals the alternative minimum tax preference for intangible drilling or development costs for oil and gas wells for taxpayers other than integrated oil companies.(Sec. 3309) Repeals temporarily (from January 1, 2002, through December 31, 2005) the alternative minimum tax limitation on the enhanced oil recovery credit.(Sec. 3310) Extends, for three years, certain benefits for energy related businesses on Indian reservations.Division D - Amends the following Federal housing statutes to incorporate energy conservation and efficiency activities and incentives within the scope of: (1) the HUD Demonstration Act of 1993; (2) the Housing and Community Development Act of 1974; (3) the National Housing Act (relating to mortgage insurance); (4) the U.S. Housing Act of 1937 (relating to public housing capital fund); and (5) the National Energy Conservation Policy Act.(Sec. 4106) Amends the North American Free Trade Agreement Implementation Act, with respect to the North American Development Bank, to provide that Board members representing the United States should use their voice and vote to encourage the Bank to finance projects related to clean and efficient energy, including energy conservation, that prevent, control, or reduce environmental pollutants or contaminants.Division E - Clean Coal Power Initiative Act of 2001 - Directs the Secretary of Energy to: (1) carry out programs of research on and development, demonstration, and commercial application of clean coal technologies, and other specified coal and related technologies; (2) perform an assessment that establishes cost and performance goals for such programs for specified five-year periods; and (3) award competitive, merit-based grants to universities that show the greatest potential for advancing new clean coal technologies for the establishment of Centers of Excellence for Energy Systems of the Future. Authorizes appropriations through 2011.Division F - Energy Security Act - Title I: General Protections for Energy Supply and Security - Mandates: (1) a review and report by certain Federal agencies on whether rights-of-way for transportation across Federal lands of energy supplies or transmission of electricity can be used to support new or additional capacity; (2) an inventory of the solar, wind, coal, and geothermal energy production potential of all Federal public lands (other than national park and wilderness lands) by the Secretaries of the Interior, of Agriculture, and of Energy, including restrictions and impediments to development; (3) Federal agency review of regulations to determine barriers for emerging energy-efficient technologies; and (4) establishment of an administrative interagency task force to develop an interagency agreement to expedite environmental review and permitting of natural gas pipeline projects.(Sec. 6105) Expresses the sense of Congress that Federal land managing agencies should enhance the use of energy efficient technologies in the management of natural resources.Instructs the Secretaries of the Interior and of Agriculture, respectively, to seek to incorporate energy efficient technologies in the buildings, public lands, and resources they manage, including the use of energy efficient vehicles.(Sec. 6106) Directs the Secretary of Energy and the Chairman of the Federal Energy Regulatory Commission to study and report jointly to Congress on the location and extent of anticipated demand growth for natural gas consumption in the area covered by the Western System Coordinating Council.Title II: Oil and Gas Development - Subtitle A: Offshore Oil and Gas - Royalty Relief Extension Act of 2001 - Mandates: (1) use of a specified bidding system under the Outer Continental Shelf Lands Act for certain oil and gas lease sales occurring within two years after enactment of this Act located in the Western and Central Planning Area of the Gulf of Mexico; and (2) a National Academy of Sciences assessment and report to Congress regarding existing Gulf of Mexico oil and natural gas resources, including recommendations for increased production.Subtitle B: Improvement to Federal Oil and Gas Management - Federal Oil and Gas Lease Management Improvement Demonstration Program Act of 2001 - Mandates a joint study and report to Congress by the Secretaries of Agriculture and of the Interior regarding regulatory impediments to oil and natural gas leases and operations on Federal onshore lands, in order to identify means by which impediments to expeditious oil and natural gas exploration and production on such lands can be removed.(Sec. 6223) Instructs the Secretary concerned to ensure that unwarranted denials and stays of lease issuance and restrictions on lease operations are eliminated from the administration of oil and natural gas leasing on Federal land. Requires the Secretary to provide a written, detailed explanation upon: (1) rejection of an offer to lease; and (2) disapproval or required modification of surface use plans of operations and applications for permit to drill for oil or natural gas on Federal lands.(Sec. 6224) Prohibits the Secretary from recovering the costs of oil and gas lease applications and related documents.Subtitle C: Miscellaneous - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior, in order to facilitate discovery of additional hydrocarbon reserves, to grant requests for the suspension of lease operations for subsalt exploration in order to allow reprocessing and reinterpretation of data to identify and define drilling objectives pertaining to allocthonus salt sheets.(Sec. 6232) Prescribes guidelines for the payment in kind of oil and gas royalties to the United States. Authorizes the Secretary of the Interior, in disposing of royalty oil or gas taken in kind, to grant a preference to any person, including any State or Federal agency, for the purpose of providing additional resources to any Federal low-income energy assistance program.(Sec. 6233) Identifies royalty rate reductions for certain marginal oil and gas wells production declines.(Sec. 6234) Amends the Mineral Leasing Act to authorize the Secretary of the Interior, through royalty credits, to reimburse lessees, operators, operating rights owners, and lease applicants for their costs incurred in complying with documentation requirements of the National Environmental Policy Act of 1969.(Sec. 6235) States that Congress encourages: (1) the States of Illinois, Michigan, New York, Pennsylvania, and Wisconsin to continue to prohibit off-shore drilling in the Great Lakes for oil and gas; (2) the States of Indiana, Minnesota, and Ohio and the Canadian Province of Ontario to enact a prohibition of such drilling; and (3) the Canadian Province of Ontario to require the cessation of any such drilling and any production resulting from such drilling.Title III: Geothermal Energy Development - Amends the Geothermal Steam Act of 1970 to reduce the maximum royalty from 15 percent to 8 percent, and eliminate any minimum royalty. Exempts from royalties: (1) geothermal energy leases during the first three years of commercial production of heat or energy from a facility whose production commences within the five-year period after enactment of this Act; and (2) qualified expansion geothermal energy.(Sec. 6302) Substitutes an annual fee based upon the scale of development and utilization for any royalty or rental for leases for development and direct utilization of low temperature geothermal resources.(Sec. 6303) Prohibits issuance of a geothermal lease for lands withdrawn or acquired in aid of the Department of Agriculture if the Secretary of Agriculture, after consultation with any Regional Forester having administrative jurisdiction over the lands concerned, determines that no terms or conditions would be sufficient to protect them adequately under the National Forest Management Act of 1976. Requires the Secretary to include in the record of decision for such determination any written statement prepared by a Regional Forester consulted by the Secretary, or an explanation why such statement is not included.(Sec. 6304) Requires the Secretary of the Interior to issue final determinations on pending noncompetitive geothermal lease applications within 90 days after enactment of this Act.(Sec. 6305) Opens public lands under military jurisdiction for geothermal steam and associated resources development and utilization without the need for further Federal action.Provides for closure of such lands in the event of a national emergency, or for national defense or security purposes.(Sec. 6307) Directs the Secretary of the Interior to report to Congress on the status and applicability of all moratoria and withdrawals from leasing in connection with known geothermal resource areas.(Sec. 6308) Amends the Geothermal Steam Act of 1970 to authorize the Secretary of the Interior to reimburse, through royalty credits, lessees, operators, operating rights owners, and lease applicants for their costs incurred in complying with documentation requirements of the National Environmental Policy Act of 1969.Title IV: Hydropower - Instructs the Secretary of the Interior to study and report to Congress on the potential for increasing the electric power production capability of existing facilities.(Sec. 6402) Authorizes Federal installation of a powerformer at the Bureau of Reclamation Folsom power plant in Folsom, California. Instructs the Secretary to seek contributions from power users toward powerformer costs and installation.(Sec. 6403) Mandates studies for operational methods and water scheduling techniques for increased efficiencies in hydroelectric power projects.(Sec. 6404) Directs the Secretary of the Interior to shift Bureau of Reclamation project loads to off-peak periods to minimize the amount of electric power consumed for water pumping purposes. Requires consent of the affected irrigation customers for such pumping adjustment.Title V: Arctic Coastal Plain Domestic Energy - Arctic Coastal Plain Domestic Energy Security Act of 2001 - Directs the Secretary of the Interior to: (1) establish a competitive oil and gas leasing that will result in an environmentally sound program for the exploration and production of oil and gas resources of the Arctic Coastal Plain; and (2) administer such program so as to ensure no significant adverse effect upon fish and wildlife.(Sec. 6503) Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge, and any leasing or development leading to such production.Authorizes the Secretary to: (1) designate a maximum total of Coastal Plain acreage as "Special Areas" closed to leasing if the Secretary determines that they require special management and regulatory protection; and (2) permit leasing in those Special Areas by setting lease terms that restrict surface use and occupancy but permit the use of horizontal drilling technology from lease sites located outside the Special Areas.Declares that this Act constitutes the Secretary's sole authority to close Coastal Plain lands to oil and gas leasing and to exploration, development, and production.(Sec. 6504) Directs the Secretary to offer for lease, in the first lease sale under this Act, at least 200,000 acres in those tracts considered to have the greatest potential for discovery of hydrocarbons.(Sec. 6505) Authorizes the Secretary to grant any of such lands on the Coastal Plain to the highest responsible qualified bidder in such a lease sale, upon payment of a bonus to the Secretary.(Sec. 6506) Specifies the terms and conditions of any such oil or gas lease.(Sec. 6507) Provides that Coastal Plain environmental protection guidelines shall use the "no significant adverse effect" standard to govern authorized activities, including: (1) site-specific assessment and mitigation; (2) regulations to protect Coastal Plain fish, wildlife resources, and subsistence users; (3) compliance with Federal and State environmental laws; and (4) administrative provisions that ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and areas covered by gravel berms or piers for pipeline support, does not exceed 2,000 on the Coastal Plain.(Sec. 6508) Provides for expedited judicial review of any provision of this title or Secretarial action under it.(Sec. 6509) Empowers the Secretary of the Interior to grant rights-of-way and easements across the Coastal Plain, subject to conditions meeting the "no significant adverse effect" standard.(Sec. 6510) Instructs the Secretary of the Interior to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath such lands to the Arctic Slope Regional Corporation.(Sec. 6511) Establishes the Coastal Plain Local Government Impact Aid Assistance Fund to provide financial assistance to eligible entities directly impacted by oil and gas exploration on the Coastal Plain.(Sec. 6512) Sets forth an oil and gas leasing revenue allocation formula under which 50 percent shall be paid to the State of Alaska, and the balance between Renewable Energy Technology Investment Fund and the Royalties Conservation Fund (established by this Act.).Title VI: Conservation of Energy by the Department of the Interior- Directs the Secretary of the Interior to study and report to Congress on energy conservation in the Department, including the promotion of the use of alternative energy sources throughout Department facilities and Federal lands.(Sec. 6602) Amends the Federal law known as the Buy Indian Act to authorize the Secretary of the Interior to purchase in open market any energy products and by-products that are the products of Indian industry.Title VII: Coal - Bars the Secretary of the Interior from recovering costs in connection with applications and documents relating to coal leases.(Sec. 6702) Amends the Mineral Leasing Act to authorize the Secretary to extend the diligent development period for mining plans beyond the statutory forty-year maximum.(Sec. 6703) Revises conditions of a coal lease to: (1) provide that advance royalties shall be computed based upon the average price for coals sold in the spot market from the same region during the last month of each applicable continued operation year; and (2) extend from ten to twenty years the aggregate number of years for which advance royalties may be accepted in lieu of the continuous operation prerequisite.Repeals the provision that denies the Secretary authority to waive, suspend, or reduce advance royalties (thus allowing the exercise of such authority).(Sec. 6704) Eliminates the statutory deadline for submission of a coal lease operation and reclamation plan.Title VIII: Insular Areas Energy Security - Amends Federal law relating to certain insular areas of the United States to prescribe guidelines for mandatory comprehensive energy plans.Authorizes such Secretary to make grants to U.S. territories to implement eligible projects to protect electric power transmission and distribution lines from damage caused by hurricanes and typhoons. Authorizes appropriations.Division G - Prohibits the availability of funds authorized under this Act to any convicted violator of the Buy American Act.