II 

109TH CONGRESS 

1ST SESSION S. 665 

To reauthorize and improve the Spark M. Matsunaga Hydrogen Research, 

Development, and Demonstration Act of 1990 to establish a program 

to commercialize hydrogen and fuel cell technology, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2005 

Mr. DORGAN (for himself, Mr. GRAHAM, and Mr. AKAKA) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL

To reauthorize and improve the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 

1990 to establish a program to commercialize hydrogen 

and fuel cell technology, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Hydrogen and Fuel Cell Technology Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:
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Sec. 1. Short title; table of contents. 

Sec. 2. Hydrogen and fuel cell technology authorization. 

Sec. 3. Public utilities. 

Sec. 4. Tax incentives to build the hydrogen economy.

1 SEC. 2. HYDROGEN AND FUEL CELL TECHNOLOGY AU2 THORIZATION. 

3 The Spark M. Matsunaga Hydrogen Research, Devel4 opment, and Demonstration Act of 1990 (42 U.S.C. 

5 12401 et seq.) is amended to read as follows: 

6 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

7 ‘‘(a) SHORT TITLE.—This Act may be cited as the 

8 ‘Spark M. Matsunaga Hydrogen Research, Development, 

9 and Demonstration Act of 1990.’. 

10 ‘‘(b) TABLE OF CONTENTS.—The table of contents 

11 of this Act is as follows:

‘‘Sec. 1. Short title; table of contents. 

‘‘Sec. 2. Definitions. 

‘‘Sec. 3. Findings. 

‘‘Sec. 4. Purposes. 

‘‘TITLE I—HYDROGEN AND FUEL CELLS 

‘‘Sec. 101. Hydrogen and fuel cell technology research and development. 

‘‘Sec. 102. Task Force. 

‘‘Sec. 103. Technology transfer. 

‘‘Sec. 104. Authorization of appropriations. 

‘‘TITLE II—HYDROGEN AND FUEL CELL DEMONSTRATION 

‘‘Sec. 201. Hydrogen supply and fuel cell demonstration program. 

‘‘Sec. 202. Authorization of appropriations. 

‘‘TITLE III—TRANSITION TO MARKET 

‘‘Sec. 301. Federal procurement of fuel cell vehicles and hydrogen energy 

systems. 

‘‘Sec. 302. Federal procurement of stationary and micro fuel cells. 

‘‘TITLE IV—REGULATORY MANAGEMENT 

‘‘Sec. 401. Codes and standards. 

‘‘Sec. 402. Authorization of appropriations. 
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‘‘TITLE V—REPORTS 

‘‘Sec. 501. Deployment of hydrogen technology. 

‘‘Sec. 502. Authorization of appropriations. 

‘‘TITLE VI—TERMINATION OF AUTHORITY 

‘‘Sec. 601. Termination of authority.

1 ‘‘SEC. 2. DEFINITIONS. 

2 ‘‘In this Act: 

3 ‘‘(1) CARBON FOOTPRINT.—The term ‘carbon 

4 footprint’ means the sum of carbon equivalent emis5 sions from all energy conversion processes occurring 

6 from raw material through hydrogen production, dis7 tribution, and use. 

8 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

9 means the Department of Energy. 

10 ‘‘(3) FUEL CELL.—The term ‘fuel cell’ means a 

11 device that directly converts the chemical energy of 

12 a fuel and an oxidant into electricity by electro13 chemical processes occurring at separate electrodes 

14 in the device. 

15 ‘‘(4) INFRASTRUCTURE.—The term ‘infrastruc16 ture’ means the equipment, systems, or facilities 

17 used to produce, distribute, deliver, or store hydro18 gen (except for onboard storage). 

19 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

20 the Secretary of Energy. 
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1 ‘‘(6) STATIONARY; PORTABLE.—The terms ‘sta2 tionary’ and ‘portable’, when used in reference to a 

3 fuel cell, include— 

4 ‘‘(A) continuous electric power; and 

5 ‘‘(B) backup electric power. 

6 ‘‘(7) TASK FORCE.—The term ‘Task Force’ 

7 means the Hydrogen and Fuel Cell Technical Task 

8 Force established under section 102(a). 

9 ‘‘(8) TECHNICAL ADVISORY COMMITTEE.—The 

10 term ‘Technical Advisory Committee’ means the 

11 independent Technical Advisory Committee of the 

12 Task Force selected under section 102(d). 

13 ‘‘SEC. 3. FINDINGS. 

14 ‘‘Congress finds that— 

15 ‘‘(1) the United States imports 60 percent of all 

16 the oil and products that it consumes, most of it 

17 used in transportation; 

18 ‘‘(2) there is little fuel diversity in the transpor19 tation sector of the United States, making it ex20 tremely sensitive to volatile oil supplies; 

21 ‘‘(3) rapidly rising energy prices have raised the 

22 imported oil bill of the United States to nearly 

23 $250,000,000,000 in 2004, which is a direct off24 shore wealth transfer from the U.S. that could oth-
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1 erwise be invested in a hydrogen economy to create 

2 many new jobs; 

3 ‘‘(4) although the United States has become a 

4 more efficient and cleaner user of energy, total en5 ergy use continues to grow as the economy expands, 

6 along with total vehicle emissions; 

7 ‘‘(5) without dramatic action, 68 percent of oil 

8 demand will come from imports by 2025; 

9 ‘‘(6) over the next 10 years, oil imports could 

10 cost nearly $3,000,000,000,000, while protecting 

11 foreign supplies adds even more to that cost; 

12 ‘‘(7) hydrogen and fuel cells offer the best hope 

13 of realizing more efficient, cleaner means of regain14 ing control of the energy security of the United 

15 States, and achieving quality economic growth; 

16 ‘‘(8) in the spirit of the Apollo project that put 

17 us on the Moon, and the practical vision that built 

18 the United States interstate highway system, the 

19 U.S. needs to commit sufficient public investment to 

20 develop and commercialize hydrogen and fuel cell 

21 technologies, in partnership with our private sector; 

22 and 

23 ‘‘(9) economies must grow to sustain their 

24 health, and strong public investments in research 

25 and development will harness the skills of our uni-
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1 versities, national laboratories, and innovative pri2 vate industry to create the hydrogen economy. 

3 ‘‘SEC. 4. PURPOSES. 

4 ‘‘The purposes of this Act are— 

5 ‘‘(1) to enable and promote comprehensive de6 velopment, demonstration, and commercialization of 

7 hydrogen and fuel cell technology in partnership 

8 with industry; 

9 ‘‘(2) to make critical public investments in 

10 building strong links to private industry, univer11 sities, national laboratories, and research institutions 

12 to expand innovation and industrial growth; 

13 ‘‘(3) to build a mature hydrogen economy that 

14 creates fuel diversity in the massive transportation 

15 sector of the United States; 

16 ‘‘(4) to sharply decrease the dependency of the 

17 United States on imported oil, eliminate most emis18 sions from the transportation sector, and greatly en19 hance our energy security; and 

20 ‘‘(5) to create, strengthen, and protect a sus21 tainable national energy economy. 
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1 ‘‘TITLE I—HYDROGEN AND FUEL 

2 CELLS 

3 ‘‘SEC. 101. HYDROGEN AND FUEL CELL TECHNOLOGY RE4 SEARCH AND DEVELOPMENT. 

5 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

6 with other Federal agencies and the private sector, shall 

7 conduct a research and development program on tech8 nologies relating to the production, purification, distribu9 tion, storage, and use of hydrogen energy, fuel cells, and 

10 related infrastructure. 

11 ‘‘(b) GOAL.—The goal of the program shall be to 

12 demonstrate and commercialize the use of hydrogen for 

13 transportation (in light and heavy vehicles), utility, indus14 trial, commercial, residential, and defense applications. 

15 ‘‘(c) FOCUS.—In carrying out activities under this 

16 section, the Secretary shall focus on mutually supportive 

17 developmental factors that are common to the develop18 ment of hydrogen infrastructure and the supply of vehicle 

19 and electric power for critical consumer and commercial 

20 applications, and that achieve continuous technical evo21 lution and cost reduction, particularly for hydrogen pro22 duction, the supply of hydrogen, storage of hydrogen, and 

23 end uses of hydrogen that— 

24 ‘‘(1) steadily increase production, distribution, 

25 and end use efficiency and reduce carbon footprints; 
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1 ‘‘(2) resolve critical problems relating to cata2 lysts, membranes, storage, lightweight materials, 

3 electronic controls, and other problems that emerge 

4 from research and development; 

5 ‘‘(3) enhance sources of renewable fuels and 

6 biofuels for hydrogen production; and 

7 ‘‘(4) enable widespread use of distributed elec8 tricity generation and storage. 

9 ‘‘(d) PUBLIC EDUCATION AND RESEARCH.—In car10 rying out this section, the Secretary shall support en11 hanced public education and university research in funda12 mental sciences, application design, and systems concepts 

13 (including education and research relating to materials, 

14 subsystems, manufacturability, maintenance, and safety) 

15 relating to hydrogen and fuel cells. 

16 ‘‘(e) FUNDING.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall carry 

18 out the activities under this section through a com19 petitive, merit-based review process consistent with 

20 any generally applicable Federal law (including regu21 lations) that applies to an award of financial assist22 ance, a contract, or another agreement. 

23 ‘‘(2) RESEARCH CENTERS.—The Secretary may 

24 provide funds to a university-based or Federal lab-
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1 oratory or research center in accordance with para2 graph (1) to carry out an activity under this section. 

3 ‘‘(f) COST SHARING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Federal share of the cost of carrying 

6 out any project or activity under this section shall be 

7 80 percent. 

8 ‘‘(2) WAIVER OF NON-FEDERAL SHARE.—The 

9 Secretary may waive the non-Federal share of the 

10 cost of carrying out a project or activity under this 

11 section if the non-Federal share would otherwise be 

12 paid by a small business or an institution of higher 

13 education (as defined in section 102 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1002)), as deter15 mined by the Secretary. 

16 ‘‘SEC. 102. TASK FORCE. 

17 ‘‘(a) ESTABLISHMENT.—The Secretary, in coopera18 tion with the Secretary of Defense, the Secretary of 

19 Transportation, and the Secretary of Commerce, shall es20 tablish an interagency Task Force, to be known as the 

21 ‘Hydrogen and Fuel Cell Technical Task Force’ to advise 

22 the Secretary in carrying out programs under this Act. 

23 ‘‘(b) MEMBERSHIP.— 

24 ‘‘(1) IN GENERAL.—The Task Force shall be 

25 comprised of such representatives of the Council on 
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1 Environmental Quality, the Office of Science and 

2 Technology Policy, the Council of Economic Advi3 sors, the Environmental Protection Agency, and the 

4 National Security Council, and such other represent5 atives of Federal agencies, conferences of governors, 

6 and regional organizations, as the Secretary, Sec7 retary of Defense, Secretary of Transportation, and 

8 Secretary of Commerce determine to be appropriate. 

9 ‘‘(2) VOTING.—A member of the Task Force 

10 that does not represent a Federal agency shall serve 

11 on the Task Force only in a nonvoting, advisory ca12 pacity. 

13 ‘‘(c) DUTIES.—The Task Force shall review and 

14 make any necessary recommendations to the Secretary on 

15 implementation and conduct of programs under this Act. 

16 ‘‘(d) TECHNICAL ADVISORY COMMITTEE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall select 

18 such number of members as the Secretary considers 

19 to be appropriate to form an independent, non20 political Technical Advisory Committee. 

21 ‘‘(2) MEMBERSHIP.— 

22 ‘‘(A) IN GENERAL.—Each member of the 

23 Technical Advisory Committee shall have sci24 entific, technical, or industrial expertise, as de25 termined by the Secretary. 
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1 ‘‘(B) NATIONAL LABORATORIES.—At least 

2 1 member of the Technical Advisory Committee 

3 shall represent a national laboratory. 

4 ‘‘(3) DUTIES.—The Technical Advisory Com5 mittee shall provide technical advice and assistance 

6 to the Task Force and the Secretary. 

7 ‘‘SEC. 103. TECHNOLOGY TRANSFER. 

8 ‘‘In carrying out this Act, the Secretary shall carry 

9 out programs that— 

10 ‘‘(1) provide for the transfer of critical hydro11 gen and fuel cell technologies to the private sector; 

12 ‘‘(2) accelerate wider application of those tech13 nologies in the global market; 

14 ‘‘(3) foster the exchange of generic, nonpropri15 etary information; and 

16 ‘‘(4) assess technical and commercial viability 

17 of technologies relating to the production, distribu18 tion, storage, and use of hydrogen energy and fuel 

19 cells. 

20 ‘‘SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘(a) HYDROGEN SUPPLY.—There are authorized to 

22 be appropriated to carry out projects and activities relat23 ing to hydrogen production, storage, distribution and dis24 pensing, transport, education and coordination, and tech25 nology transfer under this title— 
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1 ‘‘(1) $200,000,000 for fiscal year 2006; 

2 ‘‘(2) $210,000,000 for fiscal year 2007; 

3 ‘‘(3) $220,000,000 for fiscal year 2008; 

4 ‘‘(4) $230,000,000 for fiscal year 2009; 

5 ‘‘(5) $250,000,000 for fiscal year 2010; 

6 ‘‘(6) $240,000,000 for fiscal year 2011; 

7 ‘‘(7) $230,000,000 for fiscal year 2012; 

8 ‘‘(8) $220,000,000 for fiscal year 2013; 

9 ‘‘(9) $180,000,000 for fiscal year 2014; and 

10 ‘‘(10) $120,000,000 for fiscal year 2015. 

11 ‘‘(b) FUEL CELL TECHNOLOGIES.—There are au12 thorized to be appropriated to carry out projects and ac13 tivities relating to fuel cell technologies under this title— 

14 ‘‘(1) $160,000,000 for fiscal year 2006; 

15 ‘‘(2) $170,000,000 for fiscal year 2007; 

16 ‘‘(3) $180,000,000 for fiscal year 2008; 

17 ‘‘(4) $200,000,000 for fiscal year 2009; 

18 ‘‘(5) $210,000,000 for fiscal year 2010; 

19 ‘‘(6) $200,000,000 for fiscal year 2011; 

20 ‘‘(7) $190,000,000 for fiscal year 2012; 

21 ‘‘(8) $170,000,000 for fiscal year 2013; 

22 ‘‘(9) $150,000,000 for fiscal year 2014; and 

23 ‘‘(10) $100,000,000 for fiscal year 2015. 
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1 ‘‘TITLE II—HYDROGEN AND 

2 FUEL CELL DEMONSTRATION 

3 ‘‘SEC. 201. HYDROGEN SUPPLY AND FUEL CELL DEM4 ONSTRATION PROGRAM. 

5 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

6 with the Task Force and the Technical Advisory Com7 mittee, shall carry out a program to demonstrate develop8 mental hydrogen and fuel cell systems for mobile, portable, 

9 and stationary uses, using improved versions of the learn10 ing demonstrations program concept of the Department, 

11 including demonstrations involving— 

12 ‘‘(1) light duty vehicles; 

13 ‘‘(2) fleet delivery vans; 

14 ‘‘(3) heavier duty vehicles; 

15 ‘‘(4) specialty industrial and farm vehicles; and 

16 ‘‘(5) commercial and residential portable, con17 tinuous, and backup electric power generation. 

18 ‘‘(b) OTHER DEMONSTRATION PROGRAMS.—To de19 velop widespread hydrogen supply and use options, and 

20 assist evolution of technology, the Secretary shall— 

21 ‘‘(1) carry out demonstrations of evolving hy22 drogen and fuel cell technologies in national parks, 

23 remote island areas, and on Indian tribal land, as 

24 selected by the Secretary; 
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1 ‘‘(2) in accordance with any code or standards 

2 developed in a region, fund prototype, pilot fleet, 

3 and infrastructure regional hydrogen supply cor4 ridors along the interstate highway system in varied 

5 climates across the United States; and 

6 ‘‘(3) fund demonstration programs that explore 

7 the use of hydrogen blends, hybrid hydrogen, and 

8 hydrogen reformed from renewable agricultural 

9 fuels, including the use of hydrogen in hybrid elec10 tric, heavier duty, and advanced internal combus11 tion-powered vehicles. 

12 ‘‘(c) SYSTEM DEMONSTRATIONS.— 

13 ‘‘(1) IN GENERAL.—As a component of the 

14 demonstration program under this section, the Sec15 retary shall provide grants, on a cost share basis as 

16 appropriate, to eligible entities (as determined by the 

17 Secretary) for use in— 

18 ‘‘(A) devising system design concepts that 

19 provide for the use of advanced composite vehi20 cles in programs under title III that— 

21 ‘‘(i) have as a primary goal the reduc22 tion of drive energy requirements; 

23 ‘‘(ii) after 2010, add another research 

24 and development phase to the vehicle and 

25 infrastructure partnerships developed 
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1 under the learning demonstrations pro2 gram concept of the Department; and 

3 ‘‘(iii) are managed through an en4 hanced FreedomCAR program within the 

5 Department that encourages involvement 

6 in cost-shared projects by domestic and 

7 international manufacturers and govern8 ments; and 

9 ‘‘(B) designing a local distributed energy 

10 system that— 

11 ‘‘(i) incorporates renewable hydrogen 

12 production, off-grid electricity production, 

13 and fleet applications in industrial or com14 mercial service; 

15 ‘‘(ii) integrates energy or applications 

16 described in clause (i), such as stationary, 

17 portable, micro, and mobile fuel cells, into 

18 a high-density commercial or residential 

19 building complex or agricultural commu20 nity; and 

21 ‘‘(iii) is managed in cooperation with 

22 industry, State, tribal, and local govern23 ments, agricultural organizations, and non24 profit generators and distributors of elec25 tricity. 
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1 ‘‘(2) COST SHARING.—The Federal share of the 

2 cost of a project or activity carried out using funds 

3 from a grant under paragraph (1) shall not exceed 

4 50% percent, as determined by the Secretary. 

5 ‘‘(d) IDENTIFICATION OF NEW RESEARCH AND DE6 VELOPMENT REQUIREMENTS.—In carrying out the dem7 onstrations under subsection (a), the Secretary, in con8 sultation with the Task Force and the Technical Advisory 

9 Committee, shall— 

10 ‘‘(1) after 2008 for stationary and portable ap11 plications, and after 2010 for vehicles, identify new 

12 research and development requirements that refine 

13 technological concepts, planning, and applications; 

14 and 

15 ‘‘(2) during the second phase of the learning 

16 demonstrations under subsection (c)(1)(A)(ii), rede17 sign subsequent research and development to incor18 porate those requirements. 

19 ‘‘SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘There are authorized to be appropriated to carry out 

21 this title— 

22 ‘‘(1) $185,000,000 for fiscal year 2006; 

23 ‘‘(2) $200,000,000 for fiscal year 2007; 

24 ‘‘(3) $300,000,000 for fiscal year 2008; 

25 ‘‘(4) $350,000,000 for fiscal year 2009; 
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1 ‘‘(5) $425,000,000 for fiscal year 2010; 

2 ‘‘(6) $335,000,000 for fiscal year 2011; 

3 ‘‘(7) $310,000,000 for fiscal year 2012; 

4 ‘‘(8) $270,000,000 for fiscal year 2013; 

5 ‘‘(9) $200,000,000 for fiscal year 2014; and 

6 ‘‘(10) $100,000,000 for fiscal year 2015. 

7 ‘‘TITLE III—TRANSITION TO 

8 MARKET 

9 ‘‘SEC. 301. FEDERAL PROCUREMENT OF FUEL CELL VEHI10 CLES AND HYDROGEN ENERGY SYSTEMS. 

11 ‘‘(a) PURPOSES.—The purposes of this section are— 

12 ‘‘(1) to stimulate acceptance by the market of 

13 fuel cell vehicles and hydrogen energy systems; 

14 ‘‘(2) to support development of technologies re15 lating to fuel cell vehicles, public refueling stations, 

16 and hydrogen energy systems; and 

17 ‘‘(3) to require the Federal government, which 

18 is the largest single user of energy in the United 

19 States, to adopt those technologies as soon as prac20 ticable after the technologies are developed, in con21 junction with private industry partners. 

22 ‘‘(b) FEDERAL LEASES AND PURCHASES.— 

23 ‘‘(1) REQUIREMENT.— 

24 ‘‘(A) IN GENERAL.—Not later than Janu25 ary 1, 2010, the head of any Federal agency 
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1 that uses a light-duty or heavy-duty vehicle fleet 

2 shall lease or purchase fuel cell vehicles and hy3 drogen energy systems to meet any applicable 

4 energy savings goal described in subsection (c). 

5 ‘‘(B) LEARNING DEMONSTRATION VEHI6 CLES.—The Secretary may lease or purchase 

7 appropriate vehicles developed under the learn8 ing demonstrations program concept of the De9 partment under title II to meet the requirement 

10 in subparagraph (A). 

11 ‘‘(2) COSTS OF LEASES AND PURCHASES.— 

12 ‘‘(A) IN GENERAL.—The Secretary, in co13 operation with the Task Force and the Tech14 nical Advisory Committee, shall pay to Federal 

15 agencies (or share the cost under interagency 

16 agreements) the difference in cost between— 

17 ‘‘(i) the cost to the agencies of leasing 

18 or purchasing fuel cell vehicles and hydro19 gen energy systems under paragraph (1); 

20 and 

21 ‘‘(ii) the cost to the agencies of a fea22 sible alternative to leasing or purchasing 

23 fuel cell vehicles and hydrogen energy sys24 tems, as determined by the Secretary. 
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1 ‘‘(B) COMPETITIVE COSTS AND MANAGE2 MENT STRUCTURES.—In carrying out subpara3 graph (A), the Secretary, in consultation with 

4 the agency, may use the General Services Ad5 ministration or any commercial vendor to en6 sure— 

7 ‘‘(i) a cost-effective purchase of a fuel 

8 cell vehicle or hydrogen energy system; or 

9 ‘‘(ii) a cost-effective management 

10 structure of the lease of a fuel cell vehicle 

11 or hydrogen energy system. 

12 ‘‘(3) EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—If the Secretary deter14 mines that the head of an agency described in 

15 paragraph (1) cannot find an appropriately effi16 cient and reliable fuel cell vehicle or hydrogen 

17 energy system in accordance with paragraph 

18 (1), that agency shall be excepted from compli19 ance with paragraph (1). 

20 ‘‘(B) CONSIDERATION.—In making a de21 termination under subparagraph (A), the Sec22 retary shall consider— 

23 ‘‘(i) the needs of the agency; and 

24 ‘‘(ii) an evaluation performed by— 

25 ‘‘(I) the Task Force; or 
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1 ‘‘(II) the Technical Advisory 

2 Committee. 

3 ‘‘(c) ENERGY SAVINGS GOALS.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) REGULATIONS.—Not later than De6 cember 31, 2006, the Secretary shall— 

7 ‘‘(i) in cooperation with the Task 

8 Force, promulgate regulations for the pe9 riod of 2008 through 2010 that extend and 

10 augment energy savings goals for each 

11 Federal agency, in accordance with any 

12 Executive order issued after March 2000; 

13 and 

14 ‘‘(ii) promulgate regulations to expand 

15 the minimum Federal fleet requirement 

16 and credit allowances for fuel cell vehicle 

17 systems under section 303 of the Energy 

18 Policy Act of 1992 (42 U.S.C. 13212). 

19 ‘‘(B) REVIEW, EVALUATION, AND NEW

20 REGULATIONS.—Not later than December 31, 

21 2010, the Secretary shall— 

22 ‘‘(i) review the regulations promul23 gated under subparagraph (A); 
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1 ‘‘(ii) evaluate any progress made to2 ward achieving energy savings by Federal 

3 agencies; and 

4 ‘‘(iii) promulgate new regulations for 

5 the period of 2011 through 2015 to 

6 achieve additional energy savings by Fed7 eral agencies relating to technical and cost8 performance standards. 

9 ‘‘(2) OFFSETTING ENERGY SAVINGS GOALS.—

10 An agency that leases or purchases a fuel cell vehicle 

11 or hydrogen energy system in accordance with sub12 section (b)(1) may use that lease or purchase to 

13 count toward an energy savings goal of the agency. 

14 ‘‘(3) USE OF ENERGY SAVINGS PERFORMANCE

15 CONTRACTS.—An agency that leases or purchases a 

16 fuel cell vehicle or hydrogen energy system in ac17 cordance with subsection (b)(1) may use any energy 

18 savings performance contract under title VIII of the 

19 National Energy Conservation Policy Act (42 U.S.C. 

20 8287 et seq.) (including a pilot program for mobility 

21 uses in an expanded energy savings performance 

22 contract) to count toward an energy savings goal of 

23 the agency. 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 is authorized to be appropriated to carry out this section— 
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1 ‘‘(1) $10,000,000 for fiscal year 2008; 

2 ‘‘(2) $15,000,000 for fiscal year 2009; 

3 ‘‘(3) $50,000,000 for fiscal year 2010; 

4 ‘‘(4) $100,000,000 for fiscal year 2011; 

5 ‘‘(5) $150,000,000 for fiscal year 2012; 

6 ‘‘(6) $165,000,000 for fiscal year 2013; 

7 ‘‘(7) $195,000,000 for fiscal year 2014; and 

8 ‘‘(8) $200,000,000 for fiscal year 2015. 

9 ‘‘SEC. 302. FEDERAL PROCUREMENT OF STATIONARY, 

10 PORTABLE, AND MICRO FUEL CELLS. 

11 ‘‘(a) PURPOSES.—The purposes of this section are— 

12 ‘‘(1) to stimulate acceptance by the market of 

13 stationary, portable, and micro fuel cells; and 

14 ‘‘(2) to support development of technologies re15 lating to stationary, portable, and micro fuel cells. 

16 ‘‘(b) FEDERAL LEASES AND PURCHASES.— 

17 ‘‘(1) IN GENERAL.—Not later than January 1, 

18 2006, the head of any Federal agency that uses elec19 trical power from stationary, portable, or microport20 able devices shall lease or purchase a stationary, 

21 portable, or micro fuel cell to meet any applicable 

22 energy savings goal described in subsection (c). 

23 ‘‘(2) COSTS OF LEASES AND PURCHASES.— 

24 ‘‘(A) IN GENERAL.—The Secretary, in co25 operation with the Task Force and the Tech-
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1 nical Advisory Committee, shall pay the cost to 

2 Federal agencies (or share the cost under inter3 agency agreements) of leasing or purchasing 

4 stationary, portable, and micro fuel cells under 

5 paragraph (1). 

6 ‘‘(B) COMPETITIVE COSTS AND MANAGE7 MENT STRUCTURES.—In carrying out subpara8 graph (A), the Secretary, in consultation with 

9 the agency, may use the General Services Ad10 ministration or any commercial vendor to en11 sure— 

12 ‘‘(i) a cost-effective purchase of a sta13 tionary, portable, or micro fuel cell; or 

14 ‘‘(ii) a cost-effective management 

15 structure of the lease of a stationary, port16 able, or micro fuel cell. 

17 ‘‘(3) EXCEPTION.— 

18 ‘‘(A) IN GENERAL.—If the Secretary deter19 mines that the head of an agency described in 

20 paragraph (1) cannot find an appropriately effi21 cient and reliable stationary, portable, or micro 

22 fuel cell in accordance with paragraph (1), that 

23 agency shall be excepted from compliance with 

24 paragraph (1). 
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1 ‘‘(B) CONSIDERATION.—In making a de2 termination under subparagraph (A), the Sec3 retary shall consider— 

4 ‘‘(i) the needs of the agency; and 

5 ‘‘(ii) an evaluation performed by— 

6 ‘‘(I) the Task Force; or 

7 ‘‘(II) the Technical Advisory 

8 Committee of the Task Force. 

9 ‘‘(c) ENERGY SAVINGS GOALS.— 

10 ‘‘(1) OFFSETTING ENERGY SAVINGS GOALS.—

11 An agency that leases or purchases a stationary, 

12 portable, or micro fuel cell in accordance with sub13 section (b)(1) may use that lease or purchase to 

14 count toward an energy savings goal described in 

15 section 301(c)(1) that is applicable to the agency. 

16 ‘‘(2) USE OF ENERGY SAVINGS PERFORMANCE

17 CONTRACTS.—An agency that leases or purchases a 

18 stationary, portable, or micro fuel cell in accordance 

19 with subsection (b)(1) may use any energy savings 

20 performance contract under title VIII of the Na21 tional Energy Conservation Policy Act (42 U.S.C. 

22 8287 et seq.) (including a pilot program in an ex23 panded energy savings performance contract) to 

24 count toward an energy savings goal of the agency. 
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section— 

3 ‘‘(1) $20,000,000 for fiscal year 2006; 

4 ‘‘(2) $50,000,000 for fiscal year 2007; 

5 ‘‘(3) $75,000,000 for fiscal year 2008; 

6 ‘‘(4) $100,000,000 for fiscal year 2009; 

7 ‘‘(5) $100,000,000 for fiscal year 2010; 

8 ‘‘(6) $100,000,000 for fiscal year 2011; 

9 ‘‘(7) $55,000,000 for fiscal year 2012; 

10 ‘‘(8) $50,000,000 for fiscal year 2013; 

11 ‘‘(9) $50,000,000 for fiscal year 2014; and 

12 ‘‘(10) $25,000,000 for fiscal year 2015. 

13 ‘‘TITLE IV—REGULATORY 

14 MANAGEMENT 

15 ‘‘SEC. 401. CODES AND STANDARDS. 

16 ‘‘(a) IN GENERAL.—The Secretary, in cooperation 

17 with the Task Force, shall provide grants to, or offer to 

18 enter into contracts with such professional organizations, 

19 public service organizations, and government agencies as 

20 the Secretary determines appropriate to support timely 

21 and extensive development of safety codes and standards 

22 relating to fuel cell vehicles, hydrogen energy systems, and 

23 stationary, portable, and micro fuel cells. 

24 ‘‘(b) EDUCATIONAL EFFORTS.—The Secretary shall 

25 support educational efforts by organizations and agencies 
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1 described in subsection (a) to share information, including 

2 information relating to best practices, among those organi3 zations and agencies. 

4 ‘‘SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There is authorized to be appropriated to carry out 

6 this title— 

7 ‘‘(1) $4,000,000 for fiscal year 2006; 

8 ‘‘(2) $7,000,000 for fiscal year 2007; 

9 ‘‘(3) $8,000,000 for fiscal year 2008; 

10 ‘‘(4) $8,000,000 for fiscal year 2009; 

11 ‘‘(5) $10,000,000 for fiscal year 2010; 

12 ‘‘(6) $9,000,000 for fiscal year 2011; and 

13 ‘‘(7) $9,000,000 for fiscal year 2012. 

14 ‘‘TITLE V—REPORTS 

15 ‘‘SEC. 501. DEPLOYMENT OF HYDROGEN TECHNOLOGY. 

16 ‘‘(a) SECRETARY.—Subject to subsection (c), not 

17 later than 2 years after the date of enactment of the Hy18 drogen and Fuel Cell Technology Act of 2005, and bian19 nually thereafter, the Secretary shall submit to Con20 gress— 

21 ‘‘(1) a report describing— 

22 ‘‘(A) any activity carried out by the De23 partment of Energy under this Act, including a 

24 research, development, demonstration, and com-
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1 mercial application program for hydrogen and 

2 fuel cell technology; 

3 ‘‘(B) measures the Secretary has taken 

4 during the preceding 2 years to support the 

5 transition of primary industry (or a related in6 dustry) to a fully-commercialized hydrogen 

7 economy; 

8 ‘‘(C) any change made to a research, devel9 opment, or deployment strategy of the Sec10 retary relating to hydrogen and fuel cell tech11 nology to reflect the results of a learning dem12 onstration under title II; 

13 ‘‘(D) progress, including progress in infra14 structure, made toward achieving the goal of 

15 producing and deploying not less than— 

16 ‘‘(i) 100,000 hydrogen-fueled vehicles 

17 in the United States by 2010; and 

18 ‘‘(ii) 2,500,000 hydrogen-fueled vehi19 cles by 2020; 

20 ‘‘(E) progress made toward achieving the 

21 goal of supplying hydrogen at a sufficient num22 ber of fueling stations in the United States by 

23 2010 can be achieved by integrating— 

24 ‘‘(i) hydrogen activities; and 
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1 ‘‘(ii) associated targets and timetables 

2 for the development of hydrogen tech3 nologies; 

4 ‘‘(F) any problem relating to the design, 

5 execution, or funding of a program under this 

6 Act; and 

7 ‘‘(G) progress made toward and goals 

8 achieved in carrying out this Act and updates 

9 to the developmental roadmap, including the re10 sults of the reviews conducted by the National 

11 Academy of Sciences under subsection (d) for 

12 the fiscal years covered by the report; and 

13 ‘‘(2) a strategic plan describing— 

14 ‘‘(A) a remedy for any problems described 

15 in paragraph (1)(D); and 

16 ‘‘(B) any approach by which the Secretary 

17 could achieve a substantial decrease in the de18 pendence on and consumption of natural gas 

19 and imported oil by the Federal Government, 

20 including by increasing the use of fuel cell vehi21 cles, stationary and portable fuel cells, and hy22 drogen energy systems described in title III. 

23 ‘‘(b) TASK FORCE.—Subject to subsection (c), not 

24 later than 3 years after the date of enactment of the Hy25 drogen and Fuel Cell Technology Act of 2005, and tri-
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1 ennially thereafter, the Task Force shall submit to Con2 gress a report describing— 

3 ‘‘(1) the degree of success of each program 

4 under this Act; and 

5 ‘‘(2) the degree to which the success of pro6 grams under this Act has led to evolution of a hy7 drogen economy and improved potential for economic 

8 growth. 

9 ‘‘(c) COMBINATION OF REPORTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary may decide 

11 to combine the reports under subsections (a) and (b) 

12 before the reports are submitted to Congress, as the 

13 Secretary determines appropriate. 

14 ‘‘(2) REQUIREMENTS.—If the Secretary decides 

15 to combine the reports under paragraph (1), the 

16 Secretary shall— 

17 ‘‘(A) not later than 2 years after the date 

18 of enactment of the Hydrogen and Fuel Cell 

19 Technology Act of 2005, provide notice of the 

20 decision to the Task Force; and 

21 ‘‘(B) not later than 3 years after the date 

22 of enactment of the Hydrogen and Fuel Cell 

23 Technology Act of 2005, and triennially there24 after, submit the combined reports to Congress. 
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1 ‘‘(3) TASK FORCE.—Not later than 180 days 

2 after receiving notice from the Secretary under para3 graph (2)(A), and triennially thereafter, the Task 

4 Force shall submit to the Secretary a report in ac5 cordance with subsection (b). 

6 ‘‘(d) NATIONAL ACADEMY OF SCIENCES.— 

7 ‘‘(1) IN GENERAL.—Not later than September 

8 30, 2007, and triennially thereafter, the National 

9 Academy of Sciences shall conduct and submit to the 

10 Secretary— 

11 ‘‘(A) the results of a review of the projects 

12 and activities carried out under this Act; and 

13 ‘‘(B) recommendations for any new au14 thorities or resources needed to achieve stra15 tegic goals. 

16 ‘‘(2) REAUTHORIZATION.—The Secretary shall 

17 use the results of reviews conducted under para18 graph (1) in proposing to Congress any legislative 

19 changes relating to reauthorization of this Act. 

20 ‘‘SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There is authorized to be appropriated to carry out 

22 this title $900,000 for each of fiscal years 2006 through 

23 2015. 
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1 ‘‘TITLE VI—TERMINATION OF 

2 AUTHORITY 

3 ‘‘SEC. 601. TERMINATION OF AUTHORITY. 

4 ‘‘This Act and the authority provided by this Act ter5 minate on September 30, 2015.’’. 

6 SEC. 3. TAX INCENTIVES TO BUILD THE HYDROGEN ECON7 OMY. 

8 It is the sense of the Senate that Congress should 

9 provide any necessary tax incentives to encourage invest10 ment in and production and use of hydrogen and fuel cell 

11 systems during critical stages of market growth, includ12 ing— 

13 (1) a hydrogen fuel cell motor vehicle credit; 

14 (2) a credit for the installation of hydrogen fuel 

15 cell motor vehicle fueling stations; 

16 (3) a credit for residential fuel cell property; 

17 and 

18 (4) a credit for business installation of qualified 

19 fuel cells.

Æ