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tection 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 subpara-
graphs (A)(i) and (B)(i) of paragraph (1); and 
(B) prepare and make publicly available 1 
or more reports on the results of the reviews. 
(3) DISCRETIONARY INCLUSIONS.—The reviews 
under subparagraphs (A)(i) and (B)(i) of paragraph 
(1) and the reports under paragraph (2)(B) may ad-
dress the potential fuel savings resulting from use of 
idle reduction technology. 
(4) IDLE REDUCTION AND ENERGY CONSERVA-
TION DEPLOYMENT PROGRAM.— 
(A) ESTABLISHMENT.— 
(i) IN GENERAL.—Not 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 Partner-
ship, establish a program to support de-
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ployment of idle reduction and energy con-
servation technologies . 
(ii) 
PRIORITY.—The 
Administrator 
shall give priority to the deployment of idle 
reduction and energy conservation tech-
nologies 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
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Administrator to carry out 
subparagraph (A) $19,500,000 for fiscal 
year 2006, $30,000,000 for fiscal year 
2007, and $45,000,000 for fiscal year 
2008. 
(ii) COST SHARING.—Subject to clause 
(iii), 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-Fed-
eral sources. 
(iii) NECESSARY
AND
APPROPRIATE 
REDUCTIONS.—The Administrator may re-
duce the non-Federal requirement under
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clause (ii) if the Administrator determines 
that the reduction is necessary and appro-
priate to meet the objectives of this sec-
tion. 
(5) IDLING LOCATION STUDY.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Ad-
ministrator, in consultation with the Secretary 
of Transportation, shall commence a study to 
analyze all locations at which heavy-duty vehi-
cles 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— 
(i) complete the study under subpara-
graph (A); and 
(ii) prepare and make publicly avail-
able 1 or more reports of the results of the 
study.
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(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), respec-
tively; and 
(2) by adding at the end the following: 
‘‘(12) HEAVY DUTY VEHICLES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), in order to promote reduc-
tion of fuel use and emissions because of engine 
idling, the maximum gross vehicle weight limit 
and the axle weight limit for any heavy-duty ve-
hicle 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 dem-
onstration or certification) that— 
‘‘(i) the idle reduction technology is 
fully functional at all times; and
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‘‘(ii) the 400-pound gross weight in-
crease 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. BIODIESEL ENGINE TESTING PROGRAM. 
(a) IN GENERAL.—Not later that 180 days after the 
date of enactment of this Act, the Secretary shall initiate 
a partnership with diesel engine, diesel fuel injection sys-
tem, and diesel vehicle manufacturers and diesel and bio-
diesel fuel providers, to include biodiesel testing in ad-
vanced 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—
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(1) the impact of biodiesel on emissions war-
ranty, 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 fuel-
ing systems and engines when used as a blend with 
2006 Environmental 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 bio-
diesel on engine operation for both existing and expected 
future diesel technologies, and recommendations for en-
suring optimal emissions reductions and engine perform-
ance 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
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from nonpetroleum renewable resources that meets the 
registration requirements for fuels and fuel additives es-
tablished 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. HIGH OCCUPANCY VEHICLE EXCEPTION. 
Notwithstanding section 102(a) of title 23, United 
States Code, a State may permit a vehicle with fewer than 
2 occupants to operate in high occupancy vehicle lanes if 
the vehicle— 
(1) is a dedicated vehicle (as defined in section 
301 of the Energy Policy Act of 1992 (42 U.S. 
13211)); or 
(2) is a hybrid vehicle (as defined by the State 
for the purpose of this section). 
SEC. 759. ULTRA-EFFICIENT ENGINE TECHNOLOGY FOR 
AIRCRAFT. 
(a) ULTRA-EFFICIENT ENGINE TECHNOLOGY PART-
NERSHIP.—The Secretary of Energy shall enter into a co-
operative agreement with the National Aeronautics and 
Space Administration for the development of ultra-effi-
cient engine technology for aircraft.
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(b) PERFORMANCE OBJECTIVE.—The Secretary of 
Energy shall establish the following performance objec-
tives for the program set forth in subsection (a): 
(1) A fuel efficiency increase of 10 percent. 
(2) A reduction in the impact of landing and 
takeoff nitrogen oxides emissions on local air quality 
of 70 percent. 
(c) AUTHORIZATION OF APPROPRIATIONS .—There 
are authorized to be appropriated to the Secretary of En-
ergy for carrying out this section $45,000,000 for each 
of the fiscal years 2006, 2007, 2008, 2009, and 2010. 
Subtitle E—Automobile Efficiency 
SEC. 771. AUTHORIZATION OF APPROPRIATIONS FOR IM-
PLEMENTATION 
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 ob-
ligations with respect to average fuel economy standards 
$2,000,000 for each of fiscal years 2006 through 2010. 
SEC. 772. REVISED CONSIDERATIONS FOR DECISIONS ON 
MAXIMUM FEASIBLE AVERAGE FUEL ECON-
OMY. 
Section 32902(f) of title 49, United States Code, is 
amended to read as follows:
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‘‘(f) CONSIDERATIONS FOR DECISIONS ON MAXIMUM 
FEASIBLE AVERAGE FUEL ECONOMY.—When deciding 
maximum feasible average fuel economy under this sec-
tion, the Secretary of Transportation shall consider the 
following matters: 
‘‘(1) Technological feasibility. 
‘‘(2) Economic practicability. 
‘‘(3) The effect of other motor vehicle standards 
of the Government on fuel economy. 
‘‘(4) The need of the United States to conserve 
energy. 
‘‘(5) The effects of fuel economy standards on 
passenger automobiles, nonpassenger automobiles, 
and occupant safety. 
‘‘(6) The effects of compliance with average fuel 
economy standards on levels of automobile industry 
employment in the United States.’’. 
SEC. 773. EXTENSION OF MAXIMUM FUEL ECONOMY IN-
CREASE FOR ALTERNATIVE FUELED VEHI-
CLES. 
(a) MANUFACTURING INCENTIVES.—Section 32905 
of title 49, United States Code, is amended— 
(1) in each of subsections (b) and (d), by strik-
ing ‘‘1993–2004’’ and inserting ‘‘1993–2010’’;
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(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.—Sub-
section (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. 774. STUDY OF FEASIBILITY AND EFFECTS OF REDUC-
ING USE OF FUEL FOR AUTOMOBILES. 
(a) IN GENERAL.—Not 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 sec-
tion shall include— 
(1) examination of, and recommendation of al-
ternatives to, the policy under current Federal law
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of establishing average fuel economy standards for 
automobiles and requiring each automobile manufac-
turer to comply with average fuel economy standards 
that apply to the automobiles it manufactures; 
(2) examination of how automobile manufactur-
ers 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. 
(c) REPORT.—The Administrator shall submit to 
Congress a report on the findings, conclusion, and rec-
ommendations of the study under this section by not later 
than 1 year after the date of the enactment of this Act.
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SEC. 775. 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 Fed-
eral Regulations, CFR Part 600 (1995) Fuel Economy 
Regulations for 1977 and Later Model Year Automobiles 
to take into consideration higher speed limits, faster accel-
eration rates, variations in temperature, use of air condi-
tioning, shorter city test cycle lengths, current reference 
fuels, and the use of other fuel depleting features. 
TITLE VIII—HYDROGEN 
SEC. 801. DEFINITIONS. 
In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Hydrogen Technical and 
Fuel Cell Advisory Committee established under sec-
tion 805. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) FUEL CELL.—The term ‘‘fuel cell’’ means a 
device that directly converts the chemical energy of 
a fuel and an oxidant into electricity by an electro-
chemical process taking place at separate electrodes 
in the device. 
(4) INFRASTRUCTURE.—The term ‘‘infrastruc-
ture’’ means the equipment, systems, or facilities
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used to produce, distribute, deliver, or store hydro-
gen. 
(5) LIGHT DUTY VEHICLE.—The term ‘‘light 
duty vehicle’’ means a car or truck classified by the 
Department of Transportation as a Class I or IIA 
vehicle. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 802. 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 di-
rectly related to fuel cells or hydrogen. The plan shall de-
scribe, at a minimum— 
(1) the agenda for the next 5 years for the pro-
grams authorized under this title, including the 
agenda for each activity enumerated in section 
803(a); 
(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;
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(4) the most significant technical and nontech-
nical hurdles that stand in the way of achieving the 
goals described in section 803(b), and how the pro-
grams will address those hurdles; and 
(5) the policy assumptions that are implicit in 
the plan, including any assumptions that would af-
fect the sources of hydrogen or the marketability of 
hydrogen-related products. 
SEC. 803. PROGRAMS. 
(a) 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 eth-
anol 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-car-
rier fuels, including—
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(A) transmission by pipeline and other dis-
tribution methods; and 
(B) convenient and economic refueling of 
vehicles either at central refueling stations or 
through distributed on-site 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; 
(7) development, after consultation with the pri-
vate sector, of necessary codes and standards (in-
cluding international codes and standards and vol-
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untary consensus standards adopted in accordance 
with OMB Circular A–119) and safety practices for 
the production, distribution, storage, and use of hy-
drogen, hydrogen-carrier fuels, and related products; 
(8) a public education program to develop im-
proved knowledge and acceptability of hydrogen- 
based systems; and 
(9) the ability of domestic automobile manufac-
turers to manufacture commercially available com-
petitive hybrid vehicle technologies in the United 
States. 
(b) PROGRAM GOALS.— 
(1) VEHICLES.—For vehicles, the goals of the 
program are— 
(A) to enable a commitment by auto-
makers 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 ac-
ceptance by consumers of model year 2020 hy-
drogen fuel cell and other hydrogen-powered ve-
hicles that will have— 
(i) a range of at least 300 miles; 
(ii) improved performance and ease of 
driving;
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(iii) safety and performance com-
parable to vehicle technologies in the mar-
ket; and 
(iv) when compared to light duty vehi-
cles in model year 2003— 
(I) fuel economy that is substan-
tially higher; 
(II) substantially lower emissions 
of air pollutants; and 
(III) equivalent or improved vehi-
cle fuel system crash integrity and oc-
cupant protection. 
(2) HYDROGEN ENERGY AND ENERGY INFRA-
STRUCTURE.—For hydrogen energy and energy in-
frastructure, 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;
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(ii) delivery, including transmission by 
pipeline and other distribution methods for 
hydrogen; and 
(iii) storage, including storage in sur-
face transportation vehicles; 
(D) hydrogen for fuel cells, internal com-
bustion engines, and other energy conversion 
devices for portable, stationary, and transpor-
tation 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 appli-
cations are to enable— 
(A) safe, economical, and environmentally 
sound hydrogen fuel cells; 
(B) fuel cells for light duty and other vehi-
cles; and 
(C) other technologies consistent with the 
Department’s plan. 
(c) DEMONSTRATION.—In carrying out the programs 
under this section, the Secretary shall fund a limited num-
ber of demonstration projects, consistent with a deter-
mination of the maturity, cost-effectiveness, and environ-
mental impacts of technologies supporting each project. In
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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 tech-
nologies and draw such technologies into the market-
place; 
(4) include vehicle, portable, and stationary 
demonstrations of fuel cell and hydrogen-based en-
ergy technologies; 
(5) address the interdependency of demand for 
hydrogen fuel cell applications and hydrogen fuel in-
frastructure; 
(6) raise awareness of hydrogen technology 
among the public; 
(7) facilitate identification of an optimum tech-
nology among competing alternatives; 
(8) address distributed generation using renew-
able sources; and
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(9) address applications specific to rural or re-
mote locations, including isolated villages and is-
lands, the National Park System, and tribal entities. 
The Secretary shall give preference to projects which ad-
dress multiple elements contained in paragraphs (1) 
through (9). 
(d) DEPLOYMENT.—In carrying out the programs 
under this section, the Secretary shall, in partnership with 
the private sector, conduct activities to facilitate the de-
ployment of hydrogen energy and energy infrastructure, 
fuel cells, and advanced vehicle technologies. 
(e) FUNDING.— 
(1) IN
GENERAL.—The Secretary shall carry 
out the programs under this section using a competi-
tive, 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 rec-
ognized university-based or Federal laboratory re-
search centers. 
(f) COST SHARING.— 
(1) RESEARCH AND DEVELOPMENT.—Except as 
otherwise provided in this title, for research and de-
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velopment programs carried out under this title the 
Secretary shall require a commitment from non-Fed-
eral sources of at least 20 percent of the cost of the 
project. The Secretary may reduce or eliminate the 
non-Federal requirement under this paragraph if the 
Secretary determines that the research and develop-
ment is of a basic or fundamental nature or involves 
technical analyses or educational activities. 
(2) DEMONSTRATION AND COMMERCIAL APPLI-
CATION.—Except as otherwise provided in this title, 
the Secretary shall require at least 50 percent of the 
costs directly and specifically related to any dem-
onstration or commercial application project under 
this title to be provided from non-Federal sources. 
The Secretary may reduce the non-Federal require-
ment under this paragraph if the Secretary deter-
mines that the reduction is necessary and appro-
priate considering the technological risks involved in 
the project and is necessary to meet the objectives 
of this title. 
(3) CALCULATION OF AMOUNT.—In calculating 
the amount of the non-Federal commitment under 
paragraph (1) or (2), the Secretary may include per-
sonnel, services, equipment, and other resources.
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(4) SIZE OF NON-FEDERAL SHARE.—The Sec-
retary may consider the size of the non-Federal 
share in selecting projects. 
(g) DISCLOSURE.—Section 623 of the Energy Policy 
Act of 1992 (42 U.S.C. 13293) relating to the protection 
of information shall apply to projects carried out through 
grants, cooperative agreements, or contracts under this 
title. 
SEC. 804. INTERAGENCY TASK FORCE. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of this Act, the President shall es-
tablish an interagency task force chaired by the Secretary 
with representatives from each of the following: 
(1) The Office of Science and Technology Pol-
icy 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 Tech-
nology). 
(5) The Department of State. 
(6) The Environmental Protection Agency. 
(7) The National Aeronautics and Space Ad-
ministration.
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(8) Other Federal agencies as the Secretary de-
termines appropriate. 
(b) DUTIES.— 
(1) PLANNING.—The interagency task force 
shall work toward— 
(A) a safe, economical, and environ-
mentally sound fuel infrastructure for hydrogen 
and hydrogen-carrier fuels, including an infra-
structure that supports buses and other fleet 
transportation; 
(B) fuel cells in government and other ap-
plications, 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 interagency task force 
may organize workshops and conferences, may issue 
publications, and may create databases to carry out 
its duties. The interagency task force shall—
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(A) foster the exchange of generic, non-
proprietary 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, distribu-
tion, delivery, storage, and use of hydrogen; 
(C) integrate technical and other informa-
tion made available as a result of the programs 
and activities under this title; 
(D) promote the marketplace introduction 
of infrastructure for hydrogen fuel vehicles; and 
(E) conduct an education program to pro-
vide hydrogen and fuel cell information to po-
tential end-users. 
(c) AGENCY COOPERATION.—The heads of all agen-
cies, including those whose agencies are not represented 
on the interagency task force, shall cooperate with and 
furnish information to the interagency task force, the Ad-
visory Committee, and the Department.
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SEC. 805. 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 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 tech-
nical and other qualifications of committee members 
and the needs of the Advisory Committee. 
(2) TERMS.—The term of a member of the Ad-
visory Committee shall not be more than 3 years. 
The Secretary may appoint members of the Advisory 
Committee in a manner that allows the terms of the 
members serving at any time to expire at spaced in-
tervals so as to ensure continuity in the functioning 
of the Advisory Committee. A member of the Advi-
sory Committee whose term is expiring may be re-
appointed.
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(3) CHAIRPERSON.—The Advisory Committee 
shall have a chairperson, who is elected by the mem-
bers from among their number. 
(c) REVIEW.—The Advisory Committee shall review 
and make recommendations to the Secretary on— 
(1) the implementation of programs and activi-
ties under this title; 
(2) the safety, economical, and environmental 
consequences of technologies for the production, dis-
tribution, delivery, storage, or use of hydrogen en-
ergy and fuel cells; and 
(3) the plan under section 802. 
(d) RESPONSE.— 
(1) CONSIDERATION OF RECOMMENDATIONS.— 
The Secretary shall consider, but need not adopt, 
any recommendations of the Advisory Committee 
under subsection (c). 
(2) BIENNIAL
REPORT.—The Secretary shall 
transmit a biennial report to Congress describing 
any recommendations made by the Advisory Com-
mittee since the previous report. The report shall in-
clude a description of how the Secretary has imple-
mented or plans to implement the recommendations, 
or an explanation of the reasons that a recommenda-
tion will not be implemented. The report shall be
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transmitted along with the President’s budget pro-
posal. 
(e) SUPPORT.—The Secretary shall provide resources 
necessary in the judgment of the Secretary for the Advi-
sory Committee to carry out its responsibilities under this 
title. 
SEC. 806. EXTERNAL REVIEW. 
(a) PLAN.—The Secretary shall enter into an ar-
rangement with the National Academy of Sciences to re-
view the plan prepared under section 802, which shall be 
completed not later than 6 months after the Academy re-
ceives the plan. 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 recommenda-
tions or an explanation of the reasons that a recommenda-
tion will not be implemented. 
(b) ADDITIONAL REVIEW.—The Secretary shall enter 
into an arrangement with the National Academy of 
Sciences under which the Academy will review the pro-
grams under section 803 during the fourth year following 
the date of enactment of this Act. The Academy’s review 
shall include the research priorities and technical mile-
stones, and evaluate the progress toward achieving them. 
The review shall be completed not later than 5 years after 
the date of enactment of this Act. Not later than 45 days