(1) a combination hybrid/flexible fuel vehicle; or
            (2) a plug-in hybrid/flexible fuel vehicle.

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

    (d) Verification.--Not <<NOTE: Deadline. Federal
Register, publication. Procedures.>> later than 90 days after the date
of enactment of this Act, the Secretary shall publish in the Federal
Register procedures to verify--
            (1) the hybrid/flexible fuel vehicle technologies to be
        demonstrated; and
            (2) that grants are administered in accordance with this
        section.

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

    (f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
            (1) $3,000,000 for fiscal year 2006;

[[Page 119 STAT. 818]]

            (2) $7,000,000 for fiscal year 2007;
            (3) $10,000,000 for fiscal year 2008; and
            (4) $20,000,000 for fiscal year 2009.

SEC. 707. EMERGENCY EXEMPTION.

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

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

                         PART 1--HYBRID VEHICLES

SEC. 711. <<NOTE: 42 USC 16061.>> HYBRID VEHICLES.

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

SEC. 712. <<NOTE: 42 USC 16062.>> EFFICIENT HYBRID AND ADVANCED DIESEL
            VEHICLES.

    (a) Program.--The Secretary shall establish a program to encourage
domestic production and sales of efficient hybrid and advanced diesel
vehicles. The program shall include grants to automobile manufacturers
to encourage domestic production of efficient hybrid and advanced diesel
vehicles.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section such sums as
may be necessary for each of the fiscal years 2006 through 2015.

                        PART 2--ADVANCED VEHICLES

SEC. 721. <<NOTE: 42 USC 16071.>> PILOT PROGRAM.

    (a) Establishment.--The Secretary, in consultation with the
Secretary of Transportation, shall establish a competitive grant pilot
program (referred to in this part as the ``pilot program''), to be
administered through the Clean Cities Program of the Department, to
provide not more than 30 geographically dispersed project grants to
State governments, local governments, or metropolitan transportation
authorities to carry out a project or projects for the purposes
described in subsection (b).
    (b) Grant Purposes.--A grant under this section may be used for the
following purposes:
            (1) The acquisition of alternative fueled vehicles or fuel
        cell vehicles, including--
                    (A) passenger vehicles (including neighborhood
                electric vehicles); and
                    (B) motorized 2-wheel bicycles or other vehicles for
                use by law enforcement personnel or other State or local
                government or metropolitan transportation authority
                employees.
            (2) The acquisition of alternative fueled vehicles, hybrid
        vehicles, or fuel cell vehicles, including--

[[Page 119 STAT. 819]]

                    (A) buses used for public transportation or
                transportation to and from schools;
                    (B) delivery vehicles for goods or services; and
                    (C) ground support vehicles at public airports
                (including vehicles to carry baggage or push or pull
                airplanes toward or away from terminal gates).
            (3) The acquisition of ultra-low sulfur diesel vehicles.
            (4) Installation or acquisition of infrastructure necessary
        to directly support an alternative fueled vehicle, fuel cell
        vehicle, or hybrid vehicle project funded by the grant,
        including fueling and other support equipment.
            (5) Operation and maintenance of vehicles, infrastructure,
        and equipment acquired as part of a project funded by the grant.

    (c) Applications.--
            (1) Requirements.--
                    (A) In general.--The Secretary shall issue
                requirements for applying for grants under the pilot
                program.
                    (B) Minimum requirements.--At a minimum, the
                Secretary shall require that an application for a
                grant--
                          (i) be submitted by the head of a State or
                      local government or a metropolitan transportation
                      authority, or any combination thereof, and a
                      registered participant in the Clean Cities Program
                      of the Department; and
                          (ii) include--
                                    (I) a description of the project
                                proposed in the application, including
                                how the project meets the requirements
                                of this part;
                                    (II) an estimate of the ridership or
                                degree of use of the project;
                                    (III) an estimate of the air
                                pollution emissions reduced and fossil
                                fuel displaced as a result of the
                                project, and a plan to collect and
                                disseminate environmental data, related
                                to the project to be funded under the
                                grant, over the life of the project;
                                    (IV) a description of how the
                                project will be sustainable without
                                Federal assistance after the completion
                                of the term of the grant;
                                    (V) a complete description of the
                                costs of the project, including
                                acquisition, construction, operation,
                                and maintenance costs over the expected
                                life of the project;
                                    (VI) a description of which costs of
                                the project will be supported by Federal
                                assistance under this part; and
                                    (VII) documentation to the
                                satisfaction of the Secretary that
                                diesel fuel containing sulfur at not
                                more than 15 parts per million is
                                available for carrying out the project,
                                and a commitment by the applicant to use
                                such fuel in carrying out the project.
            (2) Partners.--An applicant under paragraph (1) may carry
        out a project under the pilot program in partnership with public
        and private entities.

    (d) Selection Criteria.--In evaluating applications under the pilot
program, the Secretary shall--

[[Page 119 STAT. 820]]

            (1) consider each applicant's previous experience with
        similar projects; and
            (2) give priority consideration to applications that--
                    (A) are most likely to maximize protection of the
                environment;
                    (B) demonstrate the greatest commitment on the part
                of the applicant to ensure funding for the proposed
                project and the greatest likelihood that the project
                will be maintained or expanded after Federal assistance
                under this part is completed; and
                    (C) exceed the minimum requirements of subsection
                (c)(1)(B)(ii).

    (e) Pilot Project Requirements.--
            (1) Maximum amount.--The Secretary shall not provide more
        than $15,000,000 in Federal assistance under the pilot program
        to any applicant.
            (2) Cost sharing.--The Secretary shall not provide more than
        50 percent of the cost, incurred during the period of the grant,
        of any project under the pilot program.
            (3) Maximum period of grants.--The Secretary shall not fund
        any applicant under the pilot program for more than 5 years.
            (4) Deployment and distribution.--The Secretary shall seek
        to the maximum extent practicable to ensure a broad geographic
        distribution of project sites.
            (5) Transfer of <<NOTE: Procedures.>> information and
        knowledge.--The Secretary shall establish mechanisms to ensure
        that the information and knowledge gained by participants in the
        pilot program are transferred among the pilot program
        participants and to other interested parties, including other
        applicants that submitted applications.

    (f) <<NOTE: Deadlines.>> Schedule.--
            (1) Publication.--Not <<NOTE: Federal
        Register, publication. Commerce Business Daily,
        publication.>> later than 90 days after the date of enactment of
        this Act, the Secretary shall publish in the Federal Register,
        Commerce Business Daily, and elsewhere as appropriate, a request
        for applications to undertake projects under the pilot program.
        Applications shall be due not later than 180 days after the date
        of publication of the notice.
            (2) Selection.--Not later than 180 days after the date by
        which applications for grants are due, the Secretary shall
        select by competitive, peer reviewed proposal, all applications
        for projects to be awarded a grant under the pilot program.

    (g) Definitions.--For <<NOTE: Regulations.>> purposes of carrying
out the pilot program, the Secretary shall issue regulations defining
any term, as the Secretary determines to be necessary.

SEC. 722. <<NOTE: 42 USC 16072.>> REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 60 days after the date on which
grants are awarded under this part, the Secretary shall submit to
Congress a report containing--
            (1) an identification of the grant recipients and a
        description of the projects to be funded;
            (2) an identification of other applicants that submitted
        applications for the pilot program; and
            (3) a description of the mechanisms used by the Secretary to
        ensure that the information and knowledge gained by participants
        in the pilot program are transferred among the pilot

[[Page 119 STAT. 821]]

        program participants and to other interested parties, including
        other applicants that submitted applications.

    (b) Evaluation.--Not later than 3 years after the date of enactment
of this Act, and annually thereafter until the pilot program ends, the
Secretary shall submit to Congress a report containing an evaluation of
the effectiveness of the pilot program, including--
            (1) an assessment of the benefits to the environment derived
        from the projects included in the pilot program; and
            (2) an estimate of the potential benefits to the environment
        to be derived from widespread application of alternative fueled
        vehicles and ultra-low sulfur diesel vehicles.

SEC. 723. <<NOTE: 42 USC 16073.>> AUTHORIZATION OF APPROPRIATIONS.

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

                         PART 3--FUEL CELL BUSES

SEC. 731. <<NOTE: 42 USC 16081.>> FUEL CELL TRANSIT BUS DEMONSTRATION.

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

                     Subtitle C--Clean School Buses

SEC. 741. <<NOTE: 42 USC 16091.>> CLEAN SCHOOL BUS PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Alternative fuel.--The term ``alternative fuel'' means--
                    (A) liquefied natural gas, compressed natural gas,
                liquefied petroleum gas, hydrogen, or propane;
                    (B) methanol or ethanol at no less than 85 percent
                by volume; or
                    (C) biodiesel conforming with standards published by
                the American Society for Testing and Materials as of the
                date of enactment of this Act.
            (3) Clean school bus.--The term ``clean school bus'' means a
        school bus with a gross vehicle weight of greater than 14,000
        pounds that--
                    (A) is powered by a heavy duty engine; and
                    (B) is operated solely on an alternative fuel or
                ultra-low sulfur diesel fuel.
            (4) Eligible recipient.--

[[Page 119 STAT. 822]]

                    (A) In general.--Subject to subparagraph (B), the
                term ``eligible recipient'' means--
                          (i) 1 or more local or State governmental
                      entities responsible for--
                                    (I) providing school bus service to
                                1 or more public school systems; or
                                    (II) the purchase of school buses;
                          (ii) 1 or more contracting entities that
                      provide school bus service to 1 or more public
                      school systems; or
                          (iii) a nonprofit school transportation
                      association.
                    (B) Special requirements.--In the case of eligible
                recipients identified under clauses (ii) and (iii), the
                Administrator shall establish timely and appropriate
                requirements for notice and may establish timely and
                appropriate requirements for approval by the public
                school systems that would be served by buses purchased
                or retrofit using grant funds made available under this
                section.
            (5) Retrofit technology.--The term ``retrofit technology''
        means a particulate filter or other emissions control equipment
        that is verified or certified by the Administrator or the
        California Air Resources Board as an effective emission
        reduction technology when installed on an existing school bus.
            (6) Ultra-low sulfur diesel fuel.--The term ``ultra-low
        sulfur diesel fuel'' means diesel fuel that contains sulfur at
        not more than 15 parts per million.

    (b) Program for Retrofit or Replacement of Certain Existing School
Buses With Clean School Buses.--
            (1) Establishment.--
                    (A) In general.--The Administrator, in consultation
                with the Secretary and other appropriate Federal
                departments and agencies, shall establish a program for
                awarding grants on a competitive basis to eligible
                recipients for the replacement, or retrofit (including
                repowering, aftertreatment, and remanufactured engines)
                of, certain existing school buses.
                    (B) Balancing.--In awarding grants under this
                section, the Administrator shall, to the maximum extent
                practicable, achieve an appropriate balance between
                awarding grants--
                          (i) to replace school buses; and
                          (ii) to install retrofit technologies.
            (2) Priority of grant applications.--
                    (A) Replacement.--In the case of grant applications
                to replace school buses, the Administrator shall give
                priority to applicants that propose to replace school
                buses manufactured before model year 1977.
                    (B) Retrofitting.--In the case of grant applications
                to retrofit school buses, the Administrator shall give
                priority to applicants that propose to retrofit school
                buses manufactured in or after model year 1991.
            (3) Use of school bus fleet.--
                    (A) In general.--All school buses acquired or
                retrofitted with funds provided under this section shall
                be operated as part of the school bus fleet for which
                the grant was made for not less than 5 years.

[[Page 119 STAT. 823]]

                    (B) Maintenance, operation, and fueling.--New school
                buses and retrofit technology shall be maintained,
                operated, and fueled according to manufacturer
                recommendations or State requirements.
            (4) Retrofit grants.--The Administrator may award grants for
        up to 100 percent of the retrofit technologies and installation
        costs.
            (5) Replacement grants.--
                    (A) Eligibility for 50 percent grants.--The
                Administrator may award grants for replacement of school
                buses in the amount of up to one-half of the acquisition
                costs (including fueling infrastructure) for--
                          (i) clean school buses with engines
                      manufactured in model year 2005 or 2006 that emit
                      not more than--
                                    (I) 1.8 grams per brake horsepower-
                                hour of non-methane hydrocarbons and
                                oxides of nitrogen; and
                                    (II) .01 grams per brake horsepower-
                                hour of particulate matter; or
                          (ii) clean school buses with engines
                      manufactured in model year 2007, 2008, or 2009
                      that satisfy regulatory requirements established
                      by the Administrator for emissions of oxides of
                      nitrogen and particulate matter to be applicable
                      for school buses manufactured in model year 2010.
                    (B) Eligibility for 25 percent grants.--The
                Administrator may award grants for replacement of school
                buses in the amount of up to one-fourth of the
                acquisition costs (including fueling infrastructure)
                for--
                          (i) clean school buses with engines
                      manufactured in model year 2005 or 2006 that emit
                      not more than--
                                    (I) 2.5 grams per brake horsepower-
                                hour of non-methane hydrocarbons and
                                oxides of nitrogen; and
                                    (II) .01 grams per brake horsepower-
                                hour of particulate matter; or
                          (ii) clean school buses with engines
                      manufactured in model year 2007 or thereafter that
                      satisfy regulatory requirements established by the
                      Administrator for emissions of oxides of nitrogen
                      and particulate matter from school buses
                      manufactured in that model year.
            (6) Ultra-low sulfur diesel fuel.--
                    (A) In general.--In the case of a grant recipient
                receiving a grant for the acquisition of ultra-low
                sulfur diesel fuel school buses with engines
                manufactured in model year 2005 or 2006, the grant
                recipient shall provide, to the satisfaction of the
                Administrator--
                          (i) documentation that diesel fuel containing
                      sulfur at not more than 15 parts per million is
                      available for carrying out the purposes of the
                      grant; and
                          (ii) a commitment by the applicant to use that
                      fuel in carrying out the purposes of the grant.
            (7) Deployment and distribution.--The Administrator shall,
        to the maximum extent practicable--
                    (A) achieve nationwide deployment of clean school
                buses through the program under this section; and

[[Page 119 STAT. 824]]

                    (B) ensure a broad geographic distribution of grant
                awards, with no State receiving more than 10 percent of
                the grant funding made available under this section
                during a fiscal year.
            (8) Annual report.--
                    (A) In general.--Not later than January 31 of each
                year, the Administrator shall submit to Congress a
                report that--
                          (i) evaluates the implementation of this
                      section; and
                          (ii) describes--
                                    (I) the total number of grant
                                applications received;
                                    (II) the number and types of
                                alternative fuel school buses, ultra-low
                                sulfur diesel fuel school buses, and
                                retrofitted buses requested in grant
                                applications;
                                    (III) grants awarded and the
                                criteria used to select the grant
                                recipients;
                                    (IV) certified engine emission
                                levels of all buses purchased or
                                retrofitted under this section;
                                    (V) an evaluation of the in-use
                                emission level of buses purchased or
                                retrofitted under this section; and
                                    (VI) any other information the
                                Administrator considers appropriate.

    (c) Education.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 90 days
        after the date of enactment of this Act, the Administrator shall
        develop an education outreach program to promote and explain the
        grant program.
            (2) Coordination with stakeholders.--The outreach program
        shall be designed and conducted in conjunction with national
        school bus transportation associations and other stakeholders.
            (3) Components.--The outreach program shall--
                    (A) inform potential grant recipients on the process
                of applying for grants;
                    (B) describe the available technologies and the
                benefits of the technologies;
                    (C) explain the benefits of participating in the
                grant program; and
                    (D) include, as appropriate, information from the
                annual report required under subsection (b)(8).

    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section, to remain
available until expended--
            (1) $55,000,000 for each of fiscal years 2006 and 2007; and
            (2) such sums as are necessary for each of fiscal years
        2008, 2009, and 2010.

SEC. 742. <<NOTE: 42 USC 16092.>> DIESEL TRUCK RETROFIT AND FLEET
            MODERNIZATION PROGRAM.

    (a) Establishment.--The Administrator, in consultation with the
Secretary, shall establish a program for awarding grants on

[[Page 119 STAT. 825]]

a competitive basis to public agencies and entities for fleet
modernization programs including installation of retrofit technologies
for diesel trucks.
    (b) Eligible Recipients.--A grant shall be awarded under this
section only to a State or local government or an agency or
instrumentality of a State or local government or of two or more State
or local governments who will allocate funds, with preference to ports
and other major hauling operations.
    (c) Awards.--
            (1) In general.--The Administrator shall seek, to the
        maximum extent practicable, to ensure a broad geographic
        distribution of grants under this section.
            (2) Preferences.--In making awards of grants under this
        section, the Administrator shall give preference to proposals
        that--
                    (A) will achieve the greatest reductions in
                emissions of nonmethane hydrocarbons, oxides of
                nitrogen, and/or particulate matter per proposal or per
                truck; or
                    (B) involve the use of Environmental Protection
                Agency or California Air Resources Board verified
                emissions control retrofit technology on diesel trucks
                that operate solely on ultra-low sulfur diesel fuel
                after September 2006.

    (d) Conditions of Grant.--A grant shall be provided under this
section on the conditions that--
            (1) trucks which are replacing scrapped trucks and on which
        retrofit emissions-control technology are to be demonstrated--
                    (A) will operate on ultra-low sulfur diesel fuel
                where such fuel is reasonably available or required for
                sale by State or local law or regulation;
                    (B) were manufactured in model year 1998 and before;
                and
                    (C) will be used for the transportation of cargo
                goods especially in port areas or used in goods movement
                and major hauling operations;
            (2) grant funds will be used for the purchase of emission
        control retrofit technology, including State taxes and contract
        fees; and
            (3) grant recipients will provide at least 50 percent of the
        total cost of the retrofit, including the purchase of emission
        control retrofit technology and all necessary labor for
        installation of the retrofit, from any source other than this
        section.

    (e) Verification.--Not <<NOTE: Deadline. Federal
Register, publication. Procedures.>> later than 90 days after the date
of enactment of this Act, the Administrator shall publish in the Federal
Register procedures to--
            (1) make grants pursuant to this section;
            (2) verify that trucks powered by ultra-low sulfur diesel
        fuel on which retrofit emissions-control technology are to be
        demonstrated will operate on diesel fuel containing not more
        than 15 parts per million of sulfur after September 2006; and
            (3) verify that grants are administered in accordance with
        this section.

    (f) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section, to remain
available until expended the following sums:
            (1) $20,000,000 for fiscal year 2006.
            (2) $35,000,000 for fiscal year 2007.

[[Page 119 STAT. 826]]

            (3) $45,000,000 for fiscal year 2008.
            (4) Such sums as are necessary for each of fiscal years 2009
        and 2010.

SEC. 743. <<NOTE: 42 USC 16093.>> FUEL CELL SCHOOL BUSES.

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

    (b) Cost Sharing.--The non-Federal contribution for activities
funded under this section shall be not less than--
            (1) 20 percent for fuel infrastructure development
        activities; and
            (2) 50 percent for demonstration activities and for
        development activities not described in paragraph (1).

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

    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
the period of fiscal years 2006 through 2009.

                        Subtitle D--Miscellaneous

SEC. 751. <<NOTE: 42 USC 16101.>> RAILROAD EFFICIENCY.

    (a) Establishment.--The Secretary shall (in cooperation with the
Secretary of Transportation and the Administrator of the Environmental
Protection Agency) establish a cost-shared, public-private research
partnership involving the Federal Government, railroad carriers,
locomotive manufacturers and equipment suppliers, and the Association of
American Railroads, to develop and demonstrate railroad locomotive
technologies that increase fuel economy, reduce emissions, and lower
costs of operation.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
            (1) $15,000,000 for fiscal year 2006;
            (2) $20,000,000 for fiscal year 2007; and
            (3) $30,000,000 for fiscal year 2008.

SEC. 752. MOBILE EMISSION REDUCTIONS TRADING AND CREDITING.

    (a) In General.--Not <<NOTE: Deadline. Reports.>> later than 180
days after the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall submit to Congress a report on the
experience of the Administrator with the trading of mobile source
emission reduction credits for use by owners and operators of stationary
source emission sources to meet emission offset requirements within a
nonattainment area.

    (b) Contents.--The report shall describe--

[[Page 119 STAT. 827]]

            (1) projects approved by the Administrator that include the
        trading of mobile source emission reduction credits for use by
        stationary sources in complying with offset requirements,
        including a description of--
                    (A) project and stationary sources location;
                    (B) volumes of emissions offset and traded;
                    (C) the sources of mobile emission reduction
                credits; and
                    (D) if available, the cost of the credits;
            (2) the significant issues identified by the Administrator
        in consideration and approval of trading in the projects;
            (3) the requirements for monitoring and assessing the air
        quality benefits of any approved project;
            (4) the statutory authority on which the Administrator has
        based approval of the projects;
            (5) an evaluation of how the resolution of issues in
        approved projects could be used in other projects and whether
        the emission reduction credits may be considered to be
        additional in relation to other requirements;
            (6) the potential, for attainment purposes, of emission
        reduction credits relating to transit and land use policies; and
            (7) any other issues that the Administrator considers
        relevant to the trading and generation of mobile source emission
        reduction credits for use by stationary sources or for other
        purposes.

SEC. 753. AVIATION FUEL CONSERVATION AND EMISSIONS.

    (a) In General.--Not <<NOTE: Deadline.>> later than 60 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration and the Administrator of the Environmental
Protection Agency shall jointly initiate a study to identify--
            (1) the impact of aircraft emissions on air quality in
        nonattainment areas;
            (2) ways to promote fuel conservation measures for aviation
        to enhance fuel efficiency and reduce emissions; and
            (3) opportunities to reduce air traffic inefficiencies that
        increase fuel burn and emissions.

    (b) Focus.--The study under subsection (a) shall focus on how air
traffic management inefficiencies, such as aircraft idling at airports,
result in unnecessary fuel burn and air emissions.
    (c) Report.--Not later than 1 year after the date of the initiation
of the study under subsection (a), the Administrator of the Federal
Aviation Administration and the Administrator of the Environmental
Protection Agency shall jointly submit to the Committee on Energy and
Commerce and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works and the Committee on Commerce, Science, and Transportation of the
Senate a report that--
            (1) describes the results of the study; and
            (2) includes any recommendations on ways in which
        unnecessary fuel use and emissions affecting air quality may be
        reduced--
                    (A) without adversely affecting safety and security
                and increasing individual aircraft noise; and
                    (B) while taking into account all aircraft emissions
                and the impact of those emissions on the human health.

[[Page 119 STAT. 828]]

    (d) Risk Assessments.--Any assessment of risk to human health and
the environment prepared by the Administrator of the Federal Aviation
Administration or the Administrator of the Environmental Protection
Agency to support the report in this section shall be based on sound and
objective scientific practices, shall consider the best available
science, and shall present the weight of the scientific evidence
concerning such risks.

SEC. 754. <<NOTE: 42 USC 16102.>> DIESEL FUELED VEHICLES.

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

SEC. 755. <<NOTE: 42 USC 16103.>> 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--

[[Page 119 STAT. 829]]

                          (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 <<NOTE: Deadline. Contracts. Reports.>> 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).

SEC. 756. <<NOTE: 42 USC 16104.>> REDUCTION OF ENGINE IDLING.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Advanced truck stop electrification system.--The term
        ``advanced truck stop electrification system'' means a
        stationary system that delivers heat, air conditioning,
        electricity, or communications, and is capable of providing
        verifiable and auditable evidence of use of those services, to a
        heavy-duty vehicle and any occupants of the heavy-duty vehicle
        with or

[[Page 119 STAT. 830]]

        without relying on components mounted onboard the heavy-duty
        vehicle for delivery of those services.
            (3) Auxiliary power unit.--The term ``auxiliary power unit''
        means an integrated system that--
                    (A) provides heat, air conditioning, engine warming,
                or electricity to components on a heavy-duty vehicle;
                and
                    (B) is certified by the Administrator under part 89
                of title 40, Code of Federal Regulations (or any
                successor regulation), as meeting applicable emission
                standards.
            (4) Heavy-duty vehicle.--The term ``heavy-duty vehicle''
        means a vehicle that--
                    (A) has a gross vehicle weight rating greater than
                8,500 pounds; and
                    (B) is powered by a diesel engine.
            (5) Idle reduction technology.--The term ``idle reduction
        technology'' means an advanced truck stop electrification
        system, auxiliary power unit, or other technology that--
                    (A) is used to reduce long-duration idling; and
                    (B) allows for the main drive engine or auxiliary
                refrigeration engine to be shut down.
            (6) Energy conservation technology.--the term ``energy
        conservation technology'' means any device, system of devices,
        or equipment that improves the fuel economy.
            (7) Long-duration idling.--
                    (A) In general.--The term ``long-duration idling''
                means the operation of a main drive engine or auxiliary
                refrigeration engine, for a period greater than 15
                consecutive minutes, at a time at which the main drive
                engine is not engaged in gear.
                    (B) Exclusions.--The term ``long-duration idling''
                does not include the operation of a main drive engine or
                auxiliary refrigeration engine during a routine stoppage
                associated with traffic movement or congestion.

    (b) Idle Reduction Technology Benefits, Programs, and Studies.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 90 days
        after the date of enactment of this Act, the Administrator
        shall--
                    (A)(i) commence a review of the mobile source air
                emission models of the Environmental Protection Agency
                used under the Clean Air Act (42 U.S.C. 7401 et seq.) to
                determine whether the models accurately reflect the
                emissions resulting from long-duration idling of heavy-
                duty vehicles and other vehicles and engines; and
                    (ii) update those models as the Administrator
                determines to be appropriate; and
                    (B)(i) commence a review of the emission reductions
                achieved by the use of idle reduction technology; and
                    (ii) complete such revisions of the regulations and
                guidance of the Environmental Protection Agency as the
                Administrator determines to be appropriate.
            (2) Deadline for completion.--Not later than 180 days after
        the date of enactment of this Act, the Administrator shall--
                    (A) complete the reviews under subparagraphs (A)(i)
                and (B)(i) of paragraph (1); and
                    (B) prepare and make publicly available one or more
                reports on the results of the reviews.

[[Page 119 STAT. 831]]

            (3) Discretionary inclusions.--The reviews under
        subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports
        under paragraph (2)(B) may address the potential fuel savings
        resulting from use of idle reduction technology.
            (4) Idle reduction and energy conservation deployment
        program.--
                    (A) Establishment.--
                          (i) In general.--Not <<NOTE: Deadline.>> later
                      than 90 days after the date of enactment of this
                      Act, the Administrator, in consultation with the
                      Secretary of Transportation shall, through the
                      Environmental Protection Agency's SmartWay
                      Transport Partnership, establish a program to
                      support deployment of idle reduction and energy
                      conservation technologies.
                          (ii) Priority.--The Administrator shall give
                      priority to the deployment of idle reduction and
                      energy conservation technologies based on the
                      costs and beneficial effects on air quality and
                      ability to lessen the emission of criteria air
                      pollutants.
                    (B) Funding.--
                          (i) Authorization of appropriations.--There
                      are authorized to be appropriated to the
                      Administrator to carry out subparagraph (A) for
                      the purpose of reducing extended idling from
                      heavy-duty vehicles $19,500,000 for fiscal year
                      2006, $30,000,000 for fiscal year 2007, and
                      $45,000,000 for fiscal year 2008.
                          (ii) Locomotives.--There are authorized to be
                      appropriated to the administrator to carry out
                      subparagraph (A) for the purpose of reducing
                      extended idling from locomotives $10,000,000 for
                      fiscal year 2006, $15,000,000 for fiscal year
                      2007, and $20,000,000 for fiscal year 2008.
                          (iii) Cost sharing.--Subject to clause (iv),
                      the Administrator shall require at least 50
                      percent of the costs directly and specifically
                      related to any project under this section to be
                      provided from non-Federal sources.
                          (iv) Necessary and appropriate reductions.--
                      The Administrator may reduce the non-Federal
                      requirement under clause (iii) if the
                      Administrator determines that the reduction is
                      necessary and appropriate to meet the objectives
                      of this section.
            (5) Idling location study.--
                    (A) In general.--Not <<NOTE: Deadline.>> later than
                90 days after the date of enactment of this Act, the
                Administrator, in consultation with the Secretary of
                Transportation, shall commence a study to analyze all
                locations at which heavy-duty vehicles stop for long-
                duration idling, including--
                          (i) truck stops;
                          (ii) rest areas;
                          (iii) border crossings;
                          (iv) ports;
                          (v) transfer facilities; and
                          (vi) private terminals.
                    (B) Deadline for completion.--Not later than 180
                days after the date of enactment of this Act, the
                Administrator shall--

[[Page 119 STAT. 832]]

                          (i) complete the study under subparagraph (A);
                      and
                          (ii) prepare and make publicly available one
                      or more reports of the results of the study.

    (c) Vehicle Weight Exemption.--Section 127(a) of title 23, United
States Code, is amended--
            (1) by designating the first through eleventh sentences as
        paragraphs (1) through (11), respectively; and
            (2) by adding at the end the following:
            ``(12) Heavy duty vehicles.--
                    ``(A) In general.--Subject to subparagraphs (B) and
                (C), in order to promote reduction of fuel use and
                emissions because of engine idling, the maximum gross
                vehicle weight limit and the axle weight limit for any
                heavy-duty vehicle equipped with an idle reduction
                technology shall be increased by a quantity necessary to
                compensate for the additional weight of the idle
                reduction system.
                    ``(B) Maximum weight increase.--The weight increase
                under subparagraph (A) shall be not greater than 400
                pounds.
                    ``(C) Proof.--On request by a regulatory agency or
                law enforcement agency, the vehicle operator shall
                provide proof (through demonstration or certification)
                that--
                          ``(i) the idle reduction technology is fully
                      functional at all times; and
                          ``(ii) the 400-pound gross weight increase is
                      not used for any purpose other than the use of
                      idle reduction technology described in
                      subparagraph (A).''.

    (d) Report.--Not later than 60 days after the date on which funds
are initially awarded under this section, and on an annual basis
thereafter, the Administrator shall submit to Congress a report
containing--
            (1) an identification of the grant recipients, a description
        of the projects to be funded and the amount of funding provided;
        and
            (2) an identification of all other applicants that submitted
        applications under the program.

SEC. 757. <<NOTE: 42 USC 16105.>> BIODIESEL ENGINE TESTING PROGRAM.

    (a) In General.--Not <<NOTE: Deadline.>> later that 180 days after
the date of enactment of this Act, the Secretary shall initiate a
partnership with diesel engine, diesel fuel injection system, and diesel
vehicle manufacturers and diesel and biodiesel fuel providers, to
include biodiesel testing in advanced diesel engine and fuel system
technology.

    (b) Scope.--The program shall provide for testing to determine the
impact of biodiesel from different sources on current and future
emission control technologies, with emphasis on--
            (1) the impact of biodiesel on emissions warranty, in-use
        liability, and antitampering provisions;
            (2) the impact of long-term use of biodiesel on engine
        operations;
            (3) the options for optimizing these technologies for both
        emissions and performance when switching between biodiesel and
        diesel fuel; and
            (4) the impact of using biodiesel in these fueling systems
        and engines when used as a blend with 2006 Environmental

[[Page 119 STAT. 833]]

        Protection Agency-mandated diesel fuel containing a maximum of
        15-parts-per-million sulfur content.

    (c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall provide an interim report to Congress on
the findings of the program, including a comprehensive analysis of
impacts from biodiesel on engine operation for both existing and
expected future diesel technologies, and recommendations for ensuring
optimal emissions reductions and engine performance with biodiesel.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2006 through 2010 to
carry out this section.
    (e) Definition.--For purposes of this section, the term
``biodiesel'' means a diesel fuel substitute produced from nonpetroleum
renewable resources that meets the registration requirements for fuels
and fuel additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545) and that meets
the American Society for Testing and Materials D6751-02a Standard
Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels.

SEC. 758. <<NOTE: 42 USC 16106.>> ULTRA-EFFICIENT ENGINE TECHNOLOGY FOR
            AIRCRAFT.

    (a) Ultra-Efficient <<NOTE: Contracts.>> Engine Technology
Partnership.--The Secretary shall enter into a cooperative agreement
with the National Aeronautics and Space Administration for the
development of ultra-efficient engine technology for aircraft.

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

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

SEC. 759. FUEL ECONOMY INCENTIVE REQUIREMENTS.

    Section 32905 of title 49, United States Code, is amended by adding
the following new subsection at the end thereof:
    ``(h) Fuel Economy Incentive Requirements.--In order for any model
of dual fueled automobile to be eligible to receive the fuel economy
incentives included in section 32906(a) and (b), a label shall be
attached to the fuel compartment of each dual fueled automobile of that
model, notifying that the vehicle can be operated on an alternative fuel
and on gasoline or diesel, with the form of alternative fuel stated on
the notice. <<NOTE: Applicability. Effective date.>> This requirement
applies to dual fueled automobiles manufactured on or after September 1,
2006.''.

[[Page 119 STAT. 834]]

                    Subtitle E--Automobile Efficiency

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

    In addition to any other funds authorized by law, there are
authorized to be appropriated to the National Highway Traffic Safety
Administration to carry out its obligations with respect to average fuel
economy standards $3,500,000 for each of the fiscal years 2006 through
2010.

SEC. 772. EXTENSION OF MAXIMUM FUEL ECONOMY INCREASE FOR ALTERNATIVE
            FUELED VEHICLES.

    (a) Manufacturing Incentives.--Section 32905 of title 49, United
States Code, is amended--
            (1) in each of subsections (b) and (d), by striking ``1993-
        2004'' and inserting ``1993-2010'';
            (2) in subsection (f), by striking ``2001'' and inserting
        ``2007''; and
            (3) in subsection (f)(1), by striking ``2004'' and inserting
        ``2010''.

    (b) Maximum Fuel Economy Increase.--Subsection (a)(1) of section
32906 of title 49, United States Code, is amended--
            (1) in subparagraph (A), by striking ``the model years 1993-
        2004'' and inserting ``model years 1993-2010''; and
            (2) in subparagraph (B), by striking ``the model years 2005-
        2008'' and inserting ``model years 2011-2014''.

SEC. 773. STUDY OF FEASIBILITY AND EFFECTS OF REDUCING USE OF FUEL FOR
            AUTOMOBILES.

    (a) In General.--Not <<NOTE: Deadline.>> later than 30 days after
the date of the enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall initiate a study of the
feasibility and effects of reducing by model year 2014, by a significant
percentage, the amount of fuel consumed by automobiles.

    (b) Subjects of Study.--The study under this section shall include--
            (1) examination of, and recommendation of alternatives to,
        the policy under current Federal law of establishing average
        fuel economy standards for automobiles and requiring each
        automobile manufacturer to comply with average fuel economy
        standards that apply to the automobiles it manufactures;
            (2) examination of how automobile manufacturers could
        contribute toward achieving the reduction referred to in
        subsection (a);
            (3) examination of the potential of fuel cell technology in
        motor vehicles in order to determine the extent to which such
        technology may contribute to achieving the reduction referred to
        in subsection (a); and
            (4) examination of the effects of the reduction referred to
        in subsection (a) on--
                    (A) gasoline supplies;
                    (B) the automobile industry, including sales of
                automobiles manufactured in the United States;
                    (C) motor vehicle safety; and
                    (D) air quality.

[[Page 119 STAT. 835]]

    (c) Report.--The Administrator shall submit to Congress a report on
the findings, conclusion, and recommendations of the study under this
section by not later than 1 year after the date of the enactment of this
Act.

SEC. 774. UPDATE TESTING PROCEDURES.

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

                Subtitle F--Federal and State Procurement

SEC. 781. <<NOTE: 42 USC 16121.>> DEFINITIONS.

    In this subtitle:
            (1) Fuel cell.--The term ``fuel cell'' means a device that
        directly converts the chemical energy of a fuel and an oxidant
        into electricity by electrochemical processes occurring at
        separate electrodes in the device.
            (2) Light-duty or heavy-duty vehicle fleet.--The term
        ``light-duty or heavy-duty vehicle fleet'' does not include any
        vehicle designed or procured for combat or combat-related
        missions.
            (3) Stationary; portable.--The terms ``stationary'' and
        ``portable'', when used in reference to a fuel cell, include--
                    (A) continuous electric power; and
                    (B) backup electric power.
            (4) Task force.--The term ``Task Force'' means the Hydrogen
        and Fuel Cell Technical Task Force established under section 806
        of this Act.
            (5) Technical advisory committee.--The term ``Technical
        Advisory Committee'' means the independent Technical Advisory
        Committee selected under section 807 of this Act.

SEC. 782. <<NOTE: 42 USC 16122.>> FEDERAL AND STATE PROCUREMENT OF FUEL
            CELL VEHICLES AND HYDROGEN ENERGY SYSTEMS.

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

    (b) Federal Leases and Purchases.--
            (1) Requirement.--
                    (A) In general.--Not <<NOTE: Deadline.>> later than
                January 1, 2010, the head of any Federal agency that
                uses a light-duty or heavy-duty vehicle fleet shall
                lease or purchase fuel cell vehicles

[[Page 119 STAT. 836]]

                and hydrogen energy systems to meet any applicable
                energy savings goal described in subsection (c).
                    (B) Learning demonstration vehicles.--The Secretary
                may lease or purchase appropriate vehicles developed
                under subsections (a)(10) and (b)(1)(A) of section 808
                to meet the requirement in subparagraph (A).
            (2) Costs of leases and purchases.--
                    (A) In general.--The Secretary, in cooperation with
                the Task Force and the Technical Advisory Committee,
                shall pay to Federal agencies (or share the cost under
                interagency agreements) the difference in cost between--
                          (i) the cost to the agencies of leasing or
                      purchasing fuel cell vehicles and hydrogen energy
                      systems under paragraph (1); and
                          (ii) the cost to the agencies of a feasible
                      alternative to leasing or purchasing fuel cell
                      vehicles and hydrogen energy systems, as
                      determined by the Secretary.
                    (B) Competitive costs and management structures.--In
                carrying out subparagraph (A), the Secretary, in
                consultation with the agency, may use the General
                Services Administration or any commercial vendor to
                ensure--
                          (i) a cost-effective purchase of a fuel cell
                      vehicle or hydrogen energy system; or
                          (ii) a cost-effective management structure of
                      the lease of a fuel cell vehicle or hydrogen
                      energy system.
            (3) Exception.--
                    (A) In general.--If the Secretary determines that
                the head of an agency described in paragraph (1) cannot
                find an appropriately efficient and reliable fuel cell
                vehicle or hydrogen energy system in accordance with
                paragraph (1), that agency shall be excepted from
                compliance with paragraph (1).
                    (B) Consideration.--In making a determination under
                subparagraph (A), the Secretary shall consider--
                          (i) the needs of the agency; and
                          (ii) an evaluation performed by--
                                    (I) the Task Force; or
                                    (II) the Technical Advisory
                                Committee.

    (c) Energy Savings Goals.--
            (1) In <<NOTE: Deadlines.>> general.--
                    (A) Regulations.--Not later than December 31, 2006,
                the Secretary shall--
                          (i) in cooperation with the Task Force,
                      promulgate regulations for the period of 2008
                      through 2010 that extend and augment energy
                      savings goals for each Federal agency, in
                      accordance with any Executive order issued after
                      March 2000; and
                          (ii) promulgate regulations to expand the
                      minimum Federal fleet requirement and credit
                      allowances for fuel cell vehicle systems under
                      section 303 of the Energy Policy Act of 1992 (42
                      U.S.C. 13212).
                    (B) Review, evaluation, and new regulations.--Not
                later than December 31, 2010, the Secretary shall--
                          (i) review the regulations promulgated under
                      subparagraph (A);
                          (ii) evaluate any progress made toward
                      achieving energy savings by Federal agencies; and

[[Page 119 STAT. 837]]

                          (iii) promulgate new regulations for the
                      period of 2011 through 2015 to achieve additional
                      energy savings by Federal agencies relating to
                      technical and cost-performance standards.
            (2) Offsetting energy savings goals.--An agency that leases
        or purchases a fuel cell vehicle or hydrogen energy system in
        accordance with subsection (b)(1) may use that lease or purchase
        to count toward an energy savings goal of the agency.

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

    (e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
            (1) $15,000,000 for fiscal year 2008;
            (2) $25,000,000 for fiscal year 2009;
            (3) $65,000,000 for fiscal year 2010; and
            (4) such sums as are necessary for each of fiscal years 2011
        through 2015.

SEC. 783. <<NOTE: 42 USC 16123.>> FEDERAL PROCUREMENT OF STATIONARY,
            PORTABLE, AND MICRO FUEL CELLS.

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

    (b) Federal Leases and Purchases.--
            (1) In general.--Not <<NOTE: Deadline.>> later than January
        1, 2006, the head of any Federal agency that uses electrical
        power from stationary, portable, or microportable devices shall
        lease or purchase a stationary, portable, or micro fuel cell to
        meet any applicable energy savings goal described in subsection
        (c).
            (2) Costs of leases and purchases.--
                    (A) In general.--The Secretary, in cooperation with
                the Task Force and the Technical Advisory Committee,
                shall pay the cost to Federal agencies (or share the
                cost under interagency agreements) of leasing or
                purchasing stationary, portable, and micro fuel cells
                under paragraph (1).
                    (B) Competitive costs and management structures.--In
                carrying out subparagraph (A), the Secretary, in
                consultation with the agency, may use the General
                Services Administration or any commercial vendor to
                ensure--
                          (i) a cost-effective purchase of a stationary,
                      portable, or micro fuel cell; or
                          (ii) a cost-effective management structure of
                      the lease of a stationary, portable, or micro fuel
                      cell.
            (3) Exception.--
                    (A) In general.--If the Secretary determines that
                the head of an agency described in paragraph (1) cannot
                find an appropriately efficient and reliable stationary,
                portable,

[[Page 119 STAT. 838]]

                or micro fuel cell in accordance with paragraph (1),
                that agency shall be excepted from compliance with
                paragraph (1).
                    (B) Consideration.--In making a determination under
                subparagraph (A), the Secretary shall consider--
                          (i) the needs of the agency; and
                          (ii) an evaluation performed by--
                                    (I) the Task Force; or
                                    (II) the Technical Advisory
                                Committee of the Task Force.

    (c) Energy Savings Goals.--An agency that leases or purchases a
stationary, portable, or micro fuel cell in accordance with subsection
(b)(1) may use that lease or purchase to count toward an energy savings
goal described in section 808 of this Act that is applicable to the
agency.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
            (1) $20,000,000 for fiscal year 2006;
            (2) $50,000,000 for fiscal year 2007;
            (3) $75,000,000 for fiscal year 2008;
            (4) $100,000,000 for fiscal year 2009;
            (5) $100,000,000 for fiscal year 2010; and
            (6) such sums as are necessary for each of fiscal years 2011
        through 2015.

                 Subtitle G--Diesel Emissions Reduction

SEC. 791. <<NOTE: 42 USC 16131.>> DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Certified engine configuration.--The term ``certified
        engine configuration'' means a new, rebuilt, or remanufactured
        engine configuration--
                    (A) that has been certified or verified by--
                          (i) the Administrator; or
                          (ii) the California Air Resources Board;
                    (B) that meets or is rebuilt or remanufactured to a
                more stringent set of engine emission standards, as
                determined by the Administrator; and
                    (C) in the case of a certified engine configuration
                involving the replacement of an existing engine or
                vehicle, an engine configuration that replaced an engine
                that was--
                          (i) removed from the vehicle; and
                          (ii) returned to the supplier for
                      remanufacturing to a more stringent set of engine
                      emissions standards or for scrappage.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a regional, State, local, or tribal agency or
                port authority with jurisdiction over transportation or
                air quality; and
                    (B) a nonprofit organization or institution that--
                          (i) represents or provides pollution reduction
                      or educational services to persons or
                      organizations that own or operate diesel fleets;
                      or

[[Page 119 STAT. 839]]

                          (ii) has, as its principal purpose, the
                      promotion of transportation or air quality.
            (4) Emerging technology.--The term ``emerging technology''
        means a technology that is not certified or verified by the
        Administrator or the California Air Resources Board but for
        which an approvable application and test plan has been submitted
        for verification to the Administrator or the California Air
        Resources Board.
            (5) Fleet.--The term ``fleet'' means one or more diesel
        vehicles or mobile or stationary diesel engines.
            (6) Heavy-duty truck.--The term ``heavy-duty truck'' has the
        meaning given the term ``heavy duty vehicle'' in section 202 of
        the Clean Air Act (42 U.S.C. 7521).
            (7) Medium-duty truck.--The term ``medium-duty truck'' has
        such meaning as shall be determined by the Administrator, by
        regulation.
            (8) Verified technology.--The term ``verified technology''
        means a pollution control technology, including a retrofit
        technology, advanced truckstop electrification system, or
        auxiliary power unit, that has been verified by--
                    (A) the Administrator; or
                    (B) the California Air Resources Board.

SEC. 792. <<NOTE: 42 USC 16132.>> 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

[[Page 119 STAT. 840]]

                      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;

[[Page 119 STAT. 841]]

                    (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.

SEC. 793. <<NOTE: 42 USC 16133.>> STATE GRANT AND LOAN PROGRAMS.

    (a) In General.--Subject to the availability of adequate
appropriations, the Administrator shall use 30 percent of the funds made
available for a fiscal year under this subtitle to support grant and
loan programs administered by States that are designed to achieve
significant reductions in diesel emissions.
    (b) Applications.--The Administrator shall--
            (1) <<NOTE: Guidelines.>> provide to States guidance for use
        in applying for grant or loan funds under this section,
        including information regarding--
                    (A) the process and forms for applications;
                    (B) permissible uses of funds received; and
                    (C) the cost-effectiveness of various emission
                reduction technologies eligible to be carried out using
                funds provided under this section; and
            (2) <<NOTE: Procedures.>> establish, for applications
        described in paragraph (1)--

[[Page 119 STAT. 842]]

                    (A) <<NOTE: Deadline.>> an annual deadline for
                submission of the applications;
                    (B) a process by which the Administrator shall
                approve or disapprove each application; and
                    (C) a streamlined process by which a State may renew
                an application described in paragraph (1) for subsequent
                fiscal years.

    (c) Allocation of Funds.--
            (1) In general.--For each fiscal year, the Administrator
        shall allocate among States for which applications are approved
        by the Administrator under subsection (b)(2)(B) funds made
        available to carry out this section for the fiscal year.
            (2) Allocation.--Using not more than 20 percent of the funds
        made available to carry out this subtitle for a fiscal year, the
        Administrator shall provide to each State described in paragraph
        (1) for the fiscal year an allocation of funds that is equal
        to--
                    (A) if each of the 50 States qualifies for an
                allocation, an amount equal to 2 percent of the funds
                made available to carry out this section; or
                    (B) if fewer than 50 States qualifies for an
                allocation, an amount equal to the amount described in
                subparagraph (A), plus an additional amount equal to the
                product obtained by multiplying--
                          (i) the proportion that--
                                    (I) the population of the State;
                                bears to
                                    (II) the population of all States
                                described in paragraph (1); by
                          (ii) the amount of funds remaining after each
                      State described in paragraph (1) receives the 2-
                      percent allocation under this paragraph.
            (3) State matching incentive.--
                    (A) In general.--If a State agrees to match the
                allocation provided to the State under paragraph (2) for
                a fiscal year, the Administrator shall provide to the
                State for the fiscal year an additional amount equal to
                50 percent of the allocation of the State under
                paragraph (2).
                    (B) Requirements.--A State--
                          (i) may not use funds received under this
                      subtitle to pay a matching share required under
                      this subsection; and
                          (ii) shall not be required to provide a
                      matching share for any additional amount received
                      under subparagraph (A).
            (4) Unclaimed funds.--Any funds that are not claimed by a
        State for a fiscal year under this subsection shall be used to
        carry out section 792.

    (d) Administration.--
            (1) In general.--Subject to paragraphs (2) and (3) and, to
        the extent practicable, the priority areas listed in section
        792(c)(3), a State shall use any funds provided under this
        section to develop and implement such grant and low-cost
        revolving loan programs in the State as are appropriate to meet
        State needs and goals relating to the reduction of diesel
        emissions.

[[Page 119 STAT. 843]]

            (2) Apportionment of funds.--The Governor of a State that
        receives funding under this section may determine the portion of
        funds to be provided as grants or loans.
            (3) Use of funds.--A grant or loan provided under this
        section may be used for a project relating to--
                    (A) a certified engine configuration; or
                    (B) a verified technology.

SEC. 794. <<NOTE: 42 USC 16134.>> EVALUATION AND REPORT.

    (a) In General.--Not later than 1 year after the date on which funds
are made available under this subtitle, and biennially thereafter, the
Administrator shall submit to Congress a report evaluating the
implementation of the programs under this subtitle.
    (b) Inclusions.--The report shall include a description of--
            (1) the total number of grant applications received;
            (2) each grant or loan made under this subtitle, including
        the amount of the grant or loan;
            (3) each project for which a grant or loan is provided under
        this subtitle, including the criteria used to select the grant
        or loan recipients;
            (4) the actual and estimated air quality and diesel fuel
        conservation benefits, cost-effectiveness, and cost-benefits of
        the grant and loan programs under this subtitle;
            (5) the problems encountered by projects for which a grant
        or loan is provided under this subtitle; and
            (6) any other information the Administrator considers to be
        appropriate.

SEC. 795. <<NOTE: 42 USC 16135.>> OUTREACH AND INCENTIVES.

    (a) Definition of Eligible Technology.--In this section, the term
``eligible technology'' means--
            (1) a verified technology; or
            (2) an emerging technology.

    (b) Technology Transfer Program.--
            (1) In general.--The Administrator shall establish a program
        under which the Administrator--
                    (A) informs stakeholders of the benefits of eligible
                technologies; and
                    (B) develops nonfinancial incentives to promote the
                use of eligible technologies.
            (2) Eligible stakeholders.--Eligible stakeholders under this
        section include--
                    (A) equipment owners and operators;
                    (B) emission and pollution control technology
                manufacturers;
                    (C) engine and equipment manufacturers;
                    (D) State and local officials responsible for air
                quality management;
                    (E) community organizations; and
                    (F) public health, educational, and environmental
                organizations.

    (c) State Implementation Plans.--
The <<NOTE: Guidelines.>> Administrator shall develop appropriate
guidance to provide credit to a State for emission reductions in the
State created by the use of eligible technologies through a State
implementation plan under section 110 of the Clean Air Act (42 U.S.C.
7410).

    (d) International Markets.--The Administrator, in coordination with
the Department of Commerce and industry stakeholders,

[[Page 119 STAT. 844]]

shall inform foreign countries with air quality problems of the
potential of technology developed or used in the United States to
provide emission reductions in those countries.

SEC. 796. <<NOTE: 42 USC 16136.>> EFFECT OF SUBTITLE.

    Nothing in this subtitle affects any authority under the Clean Air
Act (42 U.S.C. 7401 et seq.) in existence on the day before the date of
enactment of this Act.

SEC. 797. <<NOTE: 42 USC 16137.>> AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle
$200,000,000 for each of fiscal years 2007 through 2011, to remain
available until expended.

TITLE <<NOTE: Spark M. Matsunaga Hydrogen Act of 2005.>> VIII--HYDROGEN

SEC. 801. <<NOTE: 42 USC 15801 note.>> HYDROGEN AND FUEL CELL PROGRAM.

    This title may be cited as the ``Spark M. Matsunaga Hydrogen Act of
2005''.

SEC. 802. <<NOTE: 42 USC 16151.>> PURPOSES.

    The purposes of this title are--
            (1) to enable and promote comprehensive development,
        demonstration, and commercialization of hydrogen and fuel cell
        technology in partnership with industry;
            (2) to make critical public investments in building strong
        links to private industry, institutions of higher education,
        National Laboratories, and research institutions to expand
        innovation and industrial growth;
            (3) to build a mature hydrogen economy that creates fuel
        diversity in the massive transportation sector of the United
        States;
            (4) to sharply decrease the dependency of the United States
        on imported oil, eliminate most emissions from the
        transportation sector, and greatly enhance our energy security;
        and
            (5) to create, strengthen, and protect a sustainable
        national energy economy.

SEC. 803. <<NOTE: 42 USC 16152.>> DEFINITIONS.

    In this title:
            (1) Fuel cell.--The term ``fuel cell'' means a device that
        directly converts the chemical energy of a fuel, which is
        supplied from an external source, and an oxidant into
        electricity by electrochemical processes occurring at separate
        electrodes in the device.
            (2) Heavy-duty vehicle.--The term ``heavy-duty vehicle''
        means a motor vehicle that--
                    (A) is rated at more than 8,500 pounds gross vehicle
                weight;
                    (B) has a curb weight of more than 6,000 pounds; or
                    (C) has a basic vehicle frontal area in excess of 45
                square feet.
            (3) Infrastructure.--The term ``infrastructure'' means the
        equipment, systems, or facilities used to produce, distribute,
        deliver, or store hydrogen (except for onboard storage).

[[Page 119 STAT. 845]]

            (4) Light-duty vehicle.--The term ``light-duty vehicle''
        means a motor vehicle that is rated at 8,500 or less pounds
        gross vehicle weight.
            (5) Stationary; portable.--The terms ``stationary'' and
        ``portable'', when used in reference to a fuel cell, include--
                    (A) continuous electric power; and
                    (B) backup electric power.
            (6) Task force.--The term ``Task Force'' means the Hydrogen
        and Fuel Cell Technical Task Force established under section
        806.
            (7) Technical advisory committee.--The term ``Technical
        Advisory Committee'' means the independent Technical Advisory
        Committee established under section 807.

SEC. 804. <<NOTE: Deadline. 42 USC 16153.>> PLAN.

    Not later than 6 months after the date of enactment of this Act, the
Secretary shall transmit to Congress a coordinated plan for the programs
described in this title and any other programs of the Department that
are directly related to fuel cells or hydrogen. The plan shall describe,
at a minimum--
            (1) the agenda for the next 5 years for the programs
        authorized under this title, including the agenda for each
        activity enumerated in section 805(e);
            (2) the types of entities that will carry out the activities
        under this title and what role each entity is expected to play;
            (3) the milestones that will be used to evaluate the
        programs for the next 5 years;
            (4) the most significant technical and nontechnical hurdles
        that stand in the way of achieving the goals described in
        section 805, and how the programs will address those hurdles;
        and
            (5) the policy assumptions that are implicit in the plan,
        including any assumptions that would affect the sources of
        hydrogen or the marketability of hydrogen-related products.

SEC. 805. <<NOTE: 42 USC 16154.>> PROGRAMS.

    (a) In General.--The Secretary, in consultation with other Federal
agencies and the private sector, shall conduct a research and
development program on technologies relating to the production,
purification, distribution, storage, and use of hydrogen energy, fuel
cells, and related infrastructure.
    (b) Goal.--The goal of the program shall be to demonstrate and
commercialize the use of hydrogen for transportation (in light-duty
vehicles and heavy-duty vehicles), utility, industrial, commercial, and
residential applications.
    (c) Focus.--In carrying out activities under this section, the
Secretary shall focus on factors that are common to the development of
hydrogen infrastructure and the supply of vehicle and electric power for
critical consumer and commercial applications, and that achieve
continuous technical evolution and cost reduction, particularly for
hydrogen production, the supply of hydrogen, storage of hydrogen, and
end uses of hydrogen that--
            (1) steadily increase production, distribution, and end use
        efficiency and reduce life-cycle emissions;
            (2) resolve critical problems relating to catalysts,
        membranes, storage, lightweight materials, electronic controls,
        manufacturability, and other problems that emerge from the
        program;

[[Page 119 STAT. 846]]

            (3) enhance sources of renewable fuels and biofuels for
        hydrogen production; and
            (4) enable widespread use of distributed electricity
        generation and storage.

    (d) Public Education and Research.--In carrying out this section,
the Secretary shall support enhanced public education and research
conducted at institutions of higher education in fundamental sciences,
application design, and systems concepts (including education and
research relating to materials, subsystems, manufacturability,
maintenance, and safety) relating to hydrogen and fuel cells.
    (e) Activities.--The Secretary, in partnership with the private
sector, shall conduct programs to address--
            (1) production of hydrogen from diverse energy sources,
        including--
                    (A) fossil fuels, which may include carbon capture
                and sequestration;
                    (B) hydrogen-carrier fuels (including ethanol and
                methanol);
                    (C) renewable energy resources, including biomass;
                and
                    (D) nuclear energy;
            (2) use of hydrogen for commercial, industrial, and
        residential electric power generation;
            (3) safe delivery of hydrogen or hydrogen-carrier fuels,
        including--
                    (A) transmission by pipeline and other distribution
                methods; and
                    (B) convenient and economic refueling of vehicles
                either at central refueling stations or through
                distributed onsite generation;
            (4) advanced vehicle technologies, including--
                    (A) engine and emission control systems;
                    (B) energy storage, electric propulsion, and hybrid
                systems;
                    (C) automotive materials; and
                    (D) other advanced vehicle technologies;
            (5) storage of hydrogen or hydrogen-carrier fuels, including
        development of materials for safe and economic storage in
        gaseous, liquid, or solid form at refueling facilities and
        onboard vehicles;
            (6) development of safe, durable, affordable, and efficient
        fuel cells, including fuel-flexible fuel cell power systems,
        improved manufacturing processes, high-temperature membranes,
        cost-effective fuel processing for natural gas, fuel cell stack
        and system reliability, low temperature operation, and cold
        start capability; and
            (7) the ability of domestic automobile manufacturers to
        manufacture commercially available competitive hybrid vehicle
        technologies in the United States.

    (f) Program Goals.--
            (1) Vehicles.--For vehicles, the goals of the program are--
                    (A) to enable a commitment by automakers no later
                than year 2015 to offer safe, affordable, and
                technically viable hydrogen fuel cell vehicles in the
                mass consumer market; and
                    (B) to enable production, delivery, and acceptance
                by consumers of model year 2020 hydrogen fuel cell and
                other

[[Page 119 STAT. 847]]

                hydrogen-powered vehicles that will have, when compared
                to light duty vehicles in model year 2005--
                          (i) fuel economy that is substantially higher;
                          (ii) substantially lower emissions of air
                      pollutants; and
                          (iii) equivalent or improved vehicle fuel
                      system crash integrity and occupant protection.
            (2) Hydrogen energy and energy infrastructure.--For hydrogen
        energy and energy infrastructure, the goals of the program are
        to enable a commitment not later than 2015 that will lead to
        infrastructure by 2020 that will provide--
                    (A) safe and convenient refueling;
                    (B) improved overall efficiency;
                    (C) widespread availability of hydrogen from
                domestic energy sources through--
                          (i) production, with consideration of
                      emissions levels;
                          (ii) delivery, including transmission by
                      pipeline and other distribution methods for
                      hydrogen; and
                          (iii) storage, including storage in surface
                      transportation vehicles;
                    (D) hydrogen for fuel cells, internal combustion
                engines, and other energy conversion devices for
                portable, stationary, micro, critical needs facilities,
                and transportation applications; and
                    (E) other technologies consistent with the
                Department's plan.
            (3) Fuel cells.--The goals for fuel cells and their
        portable, stationary, and transportation applications are to
        enable--
                    (A) safe, economical, and environmentally sound
                hydrogen fuel cells;
                    (B) fuel cells for light duty and other vehicles;
                and
                    (C) other technologies consistent with the
                Department's plan.

    (g) Funding.--
            (1) In general.--The Secretary shall carry out the programs
        under this section using a competitive, merit-based review
        process and consistent with the generally applicable Federal
        laws and regulations governing awards of financial assistance,
        contracts, or other agreements.
            (2) Research centers.--Activities under this section may be
        carried out by funding nationally recognized university-based or
        Federal laboratory research centers.

    (h) Hydrogen Supply.--There are authorized to be appropriated to
carry out projects and activities relating to hydrogen production,
storage, distribution and dispensing, transport, education and
coordination, and technology transfer under this section--
            (1) $160,000,000 for fiscal year 2006;
            (2) $200,000,000 for fiscal year 2007;
            (3) $220,000,000 for fiscal year 2008;
            (4) $230,000,000 for fiscal year 2009;
            (5) $250,000,000 for fiscal year 2010; and
            (6) such sums as are necessary for each of fiscal years 2011
        through 2020.

[[Page 119 STAT. 848]]

    (i) Fuel Cell Technologies.--There are authorized to be appropriated
to carry out projects and activities relating to fuel cell technologies
under this section--
            (1) $150,000,000 for fiscal year 2006;
            (2) $160,000,000 for fiscal year 2007;
            (3) $170,000,000 for fiscal year 2008;
            (4) $180,000,000 for fiscal year 2009;
            (5) $200,000,000 for fiscal year 2010; and
            (6) such sums as are necessary for each of fiscal years 2011
        through 2020.

SEC. 806. <<NOTE: 42 USC 16155.>> HYDROGEN AND FUEL CELL TECHNICAL TASK
            FORCE.

    (a) Establishment.--Not <<NOTE: Deadline. President.>> later than
120 days after the date of enactment of this Act, the President shall
establish an interagency task force chaired by the Secretary with
representatives from each of the following:
            (1) The Office of Science and Technology Policy within the
        Executive Office of the President.
            (2) The Department of Transportation.
            (3) The Department of Defense.
            (4) The Department of Commerce (including the National
        Institute of Standards and Technology).
            (5) The Department of State.
            (6) The Environmental Protection Agency.
            (7) The National Aeronautics and Space Administration.
            (8) Other Federal agencies as the Secretary determines
        appropriate.

    (b) Duties.--
            (1) Planning.--The Task Force shall work toward--
                    (A) a safe, economical, and environmentally sound
                fuel infrastructure for hydrogen and hydrogen-carrier
                fuels, including an infrastructure that supports buses
                and other fleet transportation;
                    (B) fuel cells in government and other applications,
                including portable, stationary, and transportation
                applications;
                    (C) distributed power generation, including the
                generation of combined heat, power, and clean fuels
                including hydrogen;
                    (D) uniform hydrogen codes, standards, and safety
                protocols; and
                    (E) vehicle hydrogen fuel system integrity safety
                performance.
            (2) Activities.--The Task Force may organize workshops and
        conferences, may issue publications, and may create databases to
        carry out its duties. The Task Force shall--
                    (A) foster the exchange of generic, nonproprietary
                information and technology among industry, academia, and
                government;
                    (B) develop and maintain an inventory and assessment
                of hydrogen, fuel cells, and other advanced
                technologies, including the commercial capability of
                each technology for the economic and environmentally
                safe production, distribution, delivery, storage, and
                use of hydrogen;
                    (C) integrate technical and other information made
                available as a result of the programs and activities
                under this title;

[[Page 119 STAT. 849]]

                    (D) promote the marketplace introduction of
                infrastructure for hydrogen fuel vehicles; and
                    (E) conduct an education program to provide hydrogen
                and fuel cell information to potential end-users.

    (c) Agency Cooperation.--The heads of all agencies, including those
whose agencies are not represented on the Task Force, shall cooperate
with and furnish information to the Task Force, the Technical Advisory
Committee, and the Department.

SEC. 807. <<NOTE: 42 USC 16156.>> TECHNICAL ADVISORY COMMITTEE.

    (a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory
Committee is established to advise the Secretary on the programs and
activities under this title.
    (b) Membership.--
            (1) Members.--The Technical Advisory Committee shall be
        comprised of not fewer than 12 nor more than 25 members. The
        members shall be appointed by the Secretary to represent
        domestic industry, academia, professional societies, government
        agencies, Federal laboratories, previous advisory panels, and
        financial, environmental, and other appropriate organizations
        based on the Department's assessment of the technical and other
        qualifications of Technical Advisory Committee members and the
        needs of the Technical Advisory Committee.
            (2) Terms.--The term of a member of the Technical Advisory
        Committee shall not be more than 3 years. The Secretary may
        appoint members of the Technical Advisory Committee in a manner
        that allows the terms of the members serving at any time to
        expire at spaced intervals so as to ensure continuity in the
        functioning of the Technical Advisory Committee. A member of the
        Technical Advisory Committee whose term is expiring may be
        reappointed.
            (3) Chairperson.--The Technical Advisory Committee shall
        have a chairperson, who shall be elected by the members from
        among their number.

    (c) Review.--The Technical Advisory Committee shall review and make
recommendations to the Secretary on--
            (1) the implementation of programs and activities under this
        title;
            (2) the safety, economical, and environmental consequences
        of technologies for the production, distribution, delivery,
        storage, or use of hydrogen energy and fuel cells; and
            (3) the plan under section 804.

    (d) Response.--
            (1) Consideration of recommendations.--The Secretary shall
        consider, but need not adopt, any recommendations of the
        Technical Advisory Committee under subsection (c).
            (2) Biennial report.--The Secretary shall transmit a
        biennial report to Congress describing any recommendations made
        by the Technical Advisory Committee since the previous report.
        The report shall include a description of how the Secretary has
        implemented or plans to implement the recommendations, or an
        explanation of the reasons that a recommendation will not be
        implemented. The report shall be transmitted along with the
        President's budget proposal.

    (e) Support.--The Secretary shall provide resources necessary in the
judgment of the Secretary for the Technical Advisory Committee to carry
out its responsibilities under this title.

[[Page 119 STAT. 850]]

SEC. 808. <<NOTE: 42 USC 16157.>> DEMONSTRATION.

    (a) In General.--In carrying out the programs under this section,
the Secretary shall fund a limited number of demonstration projects,
consistent with this title and a determination of the maturity, cost-
effectiveness, and environmental impacts of technologies supporting each
project. In selecting projects under this subsection, the Secretary
shall, to the extent practicable and in the public interest, select
projects that--
            (1) involve using hydrogen and related products at existing
        facilities or installations, such as existing office buildings,
        military bases, vehicle fleet centers, transit bus authorities,
        or units of the National Park System;
            (2) depend on reliable power from hydrogen to carry out
        essential activities;
            (3) lead to the replication of hydrogen technologies and
        draw such technologies into the marketplace;
            (4) include vehicle, portable, and stationary demonstrations
        of fuel cell and hydrogen-based energy technologies;
            (5) address the interdependency of demand for hydrogen fuel
        cell applications and hydrogen fuel infrastructure;
            (6) raise awareness of hydrogen technology among the public;
            (7) facilitate identification of an optimum technology among
        competing alternatives;
            (8) address distributed generation using renewable sources;
            (9) carry out demonstrations of evolving hydrogen and fuel
        cell technologies in national parks, remote island areas, and on
        Indian tribal land, as selected by the Secretary;
            (10) carry out a program to demonstrate developmental
        hydrogen and fuel cell systems for mobile, portable, and
        stationary uses, using improved versions of the learning
        demonstrations program concept of the Department including
        demonstrations involving--
                    (A) light-duty vehicles;
                    (B) heavy-duty vehicles;
                    (C) fleet vehicles;
                    (D) specialty industrial and farm vehicles; and
                    (E) commercial and residential portable, continuous,
                and backup electric power generation;
            (11) in accordance with any code or standards developed in a
        region, fund prototype, pilot fleet, and infrastructure regional
        hydrogen supply corridors along the interstate highway system in
        varied climates across the United States; and
            (12) fund demonstration programs that explore the use of
        hydrogen blends, hybrid hydrogen, and hydrogen reformed from
        renewable agricultural fuels, including the use of hydrogen in
        hybrid electric, heavier duty, and advanced internal combustion-
        powered vehicles.

The Secretary shall give preference to projects which address multiple
elements contained in paragraphs (1) through (12).
    (b) System Demonstrations.--
            (1) In general.--As a <<NOTE: Grants.>> component of the
        demonstration program under this section, the Secretary shall
        provide grants, on a cost share basis as appropriate, to
        eligible entities (as determined by the Secretary) for use in--

[[Page 119 STAT. 851]]

                    (A) devising system design concepts that provide for
                the use of advanced composite vehicles in programs under
                section 782 that--
                          (i) have as a primary goal the reduction of
                      drive energy requirements;
                          (ii) after 2010, add another research and
                      development phase, as defined in subsection (c),
                      including the vehicle and infrastructure
                      partnerships developed under the learning
                      demonstrations program concept of the Department;
                      and
                          (iii) are managed through an enhanced
                      FreedomCAR program within the Department that
                      encourages involvement in cost-shared projects by
                      manufacturers and governments; and
                    (B) designing a local distributed energy system
                that--
                          (i) incorporates renewable hydrogen
                      production, off-grid electricity production, and
                      fleet applications in industrial or commercial
                      service;
                          (ii) integrates energy or applications
                      described in clause (i), such as stationary,
                      portable, micro, and mobile fuel cells, into a
                      high-density commercial or residential building
                      complex or agricultural community; and
                          (iii) is managed in cooperation with industry,
                      State, tribal, and local governments, agricultural
                      organizations, and nonprofit generators and
                      distributors of electricity.

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

    (d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            (1) $185,000,000 for fiscal year 2006;
            (2) $200,000,000 for fiscal year 2007;
            (3) $250,000,000 for fiscal year 2008;
            (4) $300,000,000 for fiscal year 2009;
            (5) $375,000,000 for fiscal year 2010; and
            (6) such sums as are necessary for each of fiscal years 2011
        through 2020.

SEC. 809. <<NOTE: 42 USC 16158.>> CODES AND STANDARDS.

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

[[Page 119 STAT. 852]]

    (b) Educational Efforts.--The Secretary shall support educational
efforts by organizations and agencies described in subsection (a) to
share information, including information relating to best practices,
among those organizations and agencies.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            (1) $4,000,000 for fiscal year 2006;
            (2) $7,000,000 for fiscal year 2007;
            (3) $8,000,000 for fiscal year 2008;
            (4) $10,000,000 for fiscal year 2009;
            (5) $9,000,000 for fiscal year 2010; and
            (6) such sums as are necessary for each of fiscal years 2011
        through 2020.

SEC. 810. <<NOTE: Applicability. 42 USC 16159.>> DISCLOSURE.

    Section 623 of the Energy Policy Act of 1992 (42 U.S.C. 13293) shall
apply to any project carried out through a grant, cooperative agreement,
or contract under this title.

SEC. 811. <<NOTE: 42 USC 16160.>> 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 <<NOTE: Deadlines.>> 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

[[Page 119 STAT. 853]]

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.

SEC. 812. <<NOTE: 42 USC 16161.>> SOLAR AND WIND TECHNOLOGIES.

    (a) Solar Energy Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the
        provisions in this title related to solar energy technologies
        and for implementing the recommendations related to solar energy
        technologies that are included in the report transmitted under
        subsection (e);
            (2) provide for the establishment of 5 projects in
        geographic areas that are regionally and climatically diverse to
        demonstrate the production of hydrogen at solar energy
        facilities, including one demonstration project at a National
        Laboratory or institution of higher education;
            (3) establish a program--
                    (A) to develop optimized concentrating solar power
                devices that may be used for the production of both
                electricity and hydrogen; and
                    (B) to evaluate the use of thermochemical cycles for
                hydrogen production at the temperatures attainable with
                concentrating solar power devices;
            (4) coordinate with activities sponsored by the Department's
        Office of Nuclear Energy, Science, and Technology on high-
        temperature materials, thermochemical cycles, and economic
        issues related to solar energy;
            (5) provide for the construction and operation of new
        concentrating solar power devices or solar power cogeneration
        facilities that produce hydrogen either concurrently with, or
        independently of, the production of electricity;
            (6) support existing facilities and programs of study
        related to concentrating solar power devices; and
            (7) establish a program--
                    (A) to develop methods that use electricity from
                photovoltaic devices for the onsite production of
                hydrogen, such that no intermediate transmission or
                distribution infrastructure is required or used and
                future demand growth may be accommodated;
                    (B) to evaluate the economics of small-scale
                electrolysis for hydrogen production; and
                    (C) to study the potential of modular photovoltaic
                devices for the development of a hydrogen
                infrastructure, the security implications of a hydrogen
                infrastructure, and the benefits potentially derived
                from a hydrogen infrastructure.

    (b) Wind Energy Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the
        provisions in this title related to wind energy technologies and
        for implementing the recommendations related to wind energy

[[Page 119 STAT. 854]]

        technologies that are included in the report transmitted under
        subsection (e); and
            (2) provide for the establishment of 5 projects in
        geographic areas that are regionally and climatically diverse to
        demonstrate the production of hydrogen at existing wind energy
        facilities, including one demonstration project at a National
        Laboratory or institution of higher education.

    (c) Program Support.--The Secretary shall support programs at
institutions of higher education for the development of solar energy
technologies and wind energy technologies for the production of
hydrogen. The programs supported under this subsection shall--
            (1) enhance fellowship and faculty assistance programs;
            (2) provide support for fundamental research;
            (3) encourage collaborative research among industry,
        National Laboratories, and institutions of higher education;
            (4) support communication and outreach; and
            (5) to the greatest extent possible--
                    (A) be located in geographic areas that are
                regionally and climatically diverse; and
                    (B) be located at part B institutions, minority
                institutions, and institutions of higher education
                located in States participating in the Experimental
                Program to Stimulate Competitive Research of the
                Department.

    (d) Institutions of Higher Education and National Laboratory
Interactions.--In conjunction with the programs supported under this
section, the Secretary shall develop sabbatical, fellowship, and
visiting scientist programs to encourage National Laboratories and
institutions of higher education to share and exchange personnel.
    (e) Report.--The Secretary shall transmit to the Congress not later
than 120 days after the date of enactment of this Act a report
containing detailed summaries of the roadmaps prepared under subsections
(a)(1) and (b)(1), descriptions of the Secretary's progress in
establishing the projects and other programs required under this
section, and recommendations for promoting the availability of advanced
solar and wind energy technologies for the production of hydrogen.
    (f) Definitions.--For purposes of this section--
            (1) the term ``concentrating solar power devices'' means
        devices that concentrate the power of the sun by reflection or
        refraction to improve the efficiency of a photovoltaic or
        thermal generation process;
            (2) the term ``minority institution'' has the meaning given