293
school buses, and retrofitted buses requested in 
grant applications; 
(C) grants awarded and the criteria used 
to select the grant recipients; 
(D) certified engine emission levels of all 
buses purchased or retrofitted under the pro-
grams under this section and section 743; 
(E) an evaluation of the in-use emission 
level of buses purchased or retrofitted under the 
programs under this section and section 743; 
and 
(F) any other information the Adminis-
trator considers appropriate. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator to 
carry out this section, to remain available until ex-
pended—
(1) $45,000,000 for fiscal year 2005; 
(2) $65,000,000 for fiscal year 2006; 
(3) $90,000,000 for fiscal year 2007; and 
(4) such sums as are necessary for each of fis-
cal years 2008 and 2009. 
SEC. 743. DIESEL RETROFIT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator, in con-
sultation with the Secretary, shall establish a program for
294
awarding grants on a competitive basis to entities for the 
installation of retrofit technologies for diesel school buses. 
(b) ELIGIBLE RECIPIENTS.—A grant shall be award-
ed under this section only—
(1) to a local or State governmental entity re-
sponsible for providing school bus service to 1 or 
more public school systems; 
(2) to 1 or more contracting entities that pro-
vide school bus service to 1 or more public school 
systems, if the grant application is submitted jointly 
with the 1 or more school systems that the buses 
will serve, except that the application may provide 
that buses purchased using funds awarded shall be 
owned, operated, and maintained exclusively by the 
1 or more contracting entities; or 
(3) to a nonprofit school transportation associa-
tion representing private contracting entities, if the 
association has notified and received approval from 
the 1 or more school systems to be served by the 
buses. 
(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.
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(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, or particulate matter per proposal 
or per bus; or 
(B) involve the use of emissions control 
retrofit technology on diesel school buses that 
operate solely on ultra-low sulfur diesel fuel. 
(d) CONDITIONS OF GRANT.—A grant shall be pro-
vided under this section on the conditions that—
(1) buses 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 regula-
tion; 
(B) were manufactured in model year 1991 
or later; and 
(C) will be used for the transportation of 
school children to and from school for a min-
imum of 5 years;
296
(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 15 per-
cent of the total cost of the retrofit, including the 
purchase of emission control retrofit technology and 
all necessary labor for installation of the retrofit. 
(e) VERIFICATION.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall 
publish in the Federal Register procedures to verify—
(1) the retrofit emissions-control technology to 
be demonstrated; 
(2) that buses powered by ultra-low sulfur die-
sel fuel on which retrofit emissions-control tech-
nology are to be demonstrated will operate on diesel 
fuel containing not more than 15 parts per million 
of sulfur; and 
(3) 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 ex-
pended—
(1) $20,000,000 for fiscal year 2005; 
(2) $35,000,000 for fiscal year 2006;
297
(3) $45,000,000 for fiscal year 2007; and 
(4) such sums as are necessary for each of fis-
cal years 2008 and 2009. 
SEC. 744. 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 develop-
ment 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—
298
(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 
2005 through 2007. 
Subtitle D—Miscellaneous 
SEC. 751. RAILROAD EFFICIENCY. 
(a) ESTABLISHMENT.—The Secretary of Energy 
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 sup-
pliers, and the Association of American Railroads, to de-
velop 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 of En-
ergy to carry out this section—
(1) $25,000,000 for fiscal year 2006;
299
(2) $35,000,000 for fiscal year 2007; and 
(3) $50,000,000 for fiscal year 2008. 
SEC. 752. MOBILE EMISSION REDUCTIONS TRADING AND 
CREDITING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall submit to Con-
gress 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 non-
attainment area. 
(b) CONTENTS.—The report shall describe—
(1) projects approved by the Administrator that 
include the trading of mobile source emission reduc-
tion credits for use by stationary sources in com-
plying with offset requirements, including a descrip-
tion of—
(A) project and stationary sources location; 
(B) volumes of emissions offset and trad-
ed; 
(C) the sources of mobile emission reduc-
tion credits; and 
(D) if available, the cost of the credits;
300
(2) the significant issues identified by the Ad-
ministrator in consideration and approval of trading 
in the projects; 
(3) the requirements for monitoring and assess-
ing the air quality benefits of any approved project; 
(4) the statutory authority on which the Admin-
istrator 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 
(6) any other issues that the Administrator con-
siders relevant to the trading and generation of mo-
bile source emission reduction credits for use by sta-
tionary sources or for other purposes. 
SEC. 753. AVIATION FUEL CONSERVATION AND EMISSIONS. 
(a) IN GENERAL.—Not 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 qual-
ity in nonattainment areas; and 
(2) ways to promote fuel conservation measures 
for aviation to—
(A) enhance fuel efficiency; and
301
(B) reduce 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 Ad-
ministrator of the Federal Aviation Administration and 
the Administrator of the Environmental Protection Agen-
cy shall jointly submit to the Committee on Energy and 
Commerce and the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works and the Com-
mittee 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 the emissions on 
human health.
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SEC. 754. 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 Environ-
mental 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 of Energy shall accel-
erate efforts to improve diesel combustion and after-treat-
ment 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 tech-
nologies that, not later than 2010, meet the fol-
lowing 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-emis-
sion, high efficiency diesel engine technologies, in-
303
cluding homogeneous charge compression ignition 
technology. 
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—
(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.
304
(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 
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. 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
305
Space Administration for the development of ultra-effi-
cient engine technology for aircraft. 
(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.
306
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: 
‘‘(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.’’.
307
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’’; 
(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
308
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 
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
309
(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. 
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 
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
310
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; 
(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
311
(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—
(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;
312
(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-
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;
313
(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; 
(iii) safety and performance com-
parable to vehicle technologies in the mar-
ket; and
314
(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; 
(ii) delivery, including transmission by 
pipeline and other distribution methods for 
hydrogen; and 
(iii) storage, including storage in sur-
face transportation vehicles;
315
(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 
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
316
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 
(9) address applications specific to rural or re-
mote locations, including isolated villages and is-
lands, the National Park System, and tribal entities.
317
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-
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
318
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. 
(4) SIZE OF NON-FEDERAL SHARE.—The Sec-
retary may consider the size of the non-Federal 
share in selecting projects.
319
(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. 
(8) Other Federal agencies as the Secretary de-
termines appropriate. 
(b) DUTIES.—
320
(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—
(A) foster the exchange of generic, non-
proprietary information and technology among 
industry, academia, and government;
321
(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. 
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.—
322
(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. 
(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—
323
(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 
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-
324
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 
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 rea-
sons that a recommendation will not be implemented.
325
SEC. 807. MISCELLANEOUS PROVISIONS. 
(a) REPRESENTATION.—The Secretary may rep-
resent the United States interests with respect to activities 
and programs under this title, in coordination with the 
Department of Transportation, the National Institute of 
Standards and Technology, and other relevant Federal 
agencies, before governments and nongovernmental orga-
nizations including—
(1) other Federal, State, regional, and local 
governments and their representatives; 
(2) industry and its representatives, including 
members of the energy and transportation indus-
tries; and 
(3) in consultation with the Department of 
State, foreign governments and their representatives 
including international organizations. 
(b) REGULATORY AUTHORITY.—Nothing in this title 
shall be construed to alter the regulatory authority of the 
Department. 
SEC. 808. SAVINGS CLAUSE. 
Nothing in this title shall be construed to affect the 
authority of the Secretary of Transportation that may 
exist prior to the date of enactment of this Act with re-
spect to—
(1) research into, and regulation of, hydrogen-
powered vehicles fuel systems integrity, standards,
326
and safety under subtitle VI of title 49, United 
States Code; 
(2) regulation of hazardous materials transpor-
tation under chapter 51 of title 49, United States 
Code; 
(3) regulation of pipeline safety under chapter 
601 of title 49, United States Code; 
(4) encouragement and promotion of research, 
development, and deployment activities relating to 
advanced vehicle technologies under section 5506 of 
title 49, United States Code; 
(5) regulation of motor vehicle safety under 
chapter 301 of title 49, United States Code; 
(6) automobile fuel economy under chapter 329 
of title 49, United States Code; or 
(7) representation of the interests of the United 
States with respect to the activities and programs 
under the authority of title 49, United States Code. 
SEC. 809. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary to carry out this title, in addition to any amounts 
made available for these purposes under other Acts—
(1) $546,000,000 for fiscal year 2006; 
(2) $750,000,000 for fiscal year 2007; 
(3) $850,000,000 for fiscal year 2008;
327
(4) $900,000,000 for fiscal year 2009; and 
(5) $1,000,000,000 for fiscal year 2010. 
SEC. 810. SOLAR AND WIND TECHNOLOGIES. 
(a) SOLAR ENERGY TECHNOLOGIES.—The Secretary 
shall—
(1) prepare a detailed roadmap for carrying out 
the provisions in this subtitle related to solar energy 
technologies and for implementing the recommenda-
tions related to solar energy technologies that are in-
cluded in the report transmitted under subsection 
(c); 
(2) provide for the establishment of 5 projects 
in geographic areas that are regionally and climati-
cally diverse to demonstrate the production of hydro-
gen at solar energy facilities, including one dem-
onstration project at a national laboratory or institu-
tion of higher education; 
(3) establish a research and development pro-
gram—
(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 tempera-
328
tures attainable with concentrating solar power 
devices; 
(4) coordinate with activities sponsored by the 
Department of Energy’s Office of Nuclear Energy, 
Science, and Technology on high-temperature mate-
rials, thermochemical cycles, and economic issues re-
lated 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 research pro-
grams dedicated to the development and advance-
ment of concentrating solar power devices; and 
(7) establish a program—
(A) to research and develop methods that 
use electricity from photovoltaic devices for the 
onsite production of hydrogen, such that no in-
termediate transmission or distribution infra-
structure is required or used and future de-
mand growth may be accommodated; 
(B) to evaluate the economics of small-
scale electrolysis for hydrogen production; and
329
(C) to research the potential of modular 
photovoltaic devices for the development of a 
hydrogen infrastructure, the security implica-
tions of a hydrogen infrastructure, and the ben-
efits potentially derived from a hydrogen infra-
structure. 
(b) WIND ENERGY TECHNOLOGIES.—The Secretary 
shall—
(1) prepare a detailed roadmap for carrying out 
the provisions in this subtitle related to wind energy 
technologies and for implementing the recommenda-
tions related to wind energy technologies that are in-
cluded in the report transmitted under subsection 
(c); and 
(2) provide for the establishment of 5 projects 
in geographic areas that are regionally and climati-
cally diverse to demonstrate the production of hydro-
gen at existing wind energy facilities, including one 
demonstration project at a national laboratory or in-
stitution of higher education. 
(c) PROGRAM SUPPORT.—The Secretary shall sup-
port research programs at institutions of higher education 
for the development of solar energy technologies and wind 
energy technologies for the production of hydrogen. The
330
research programs supported under this subsection 
shall—
(1) enhance fellowship and faculty assistance 
programs; 
(2) provide support for fundamental research; 
(3) encourage collaborative research among in-
dustry, 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, mi-
nority institutions, and institutions of higher 
education located in States participating in the 
Experimental Program to Stimulate Competi-
tive Research of the Department of Energy. 
(d) INSTITUTIONS OF HIGHER EDUCATION AND NA-
TIONAL
LABORATORY
INTERACTIONS.—In conjunction 
with the programs supported under this section, the Sec-
retary shall develop sabbatical, fellowship, and visiting sci-
entist programs to encourage national laboratories and in-
stitutions of higher education to share and exchange per-
sonnel. 
(e) DEFINITIONS.—For purposes of this section—
331
(1) the term ‘‘concentrating solar power de-
vices’’ means devices that concentrate the power of 
the sun by reflection or refraction to improve the ef-
ficiency of a photovoltaic or thermal generation proc-
ess; 
(2) the term ‘‘institution of higher education’’ 
has the meaning given to that term in section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)); 
(3) the term ‘‘minority institution’’ has the 
meaning given to that term in section 365 of the 
Higher Education Act of 1965 (20 U.S.C. 1067k); 
(4) the term ‘‘part B institution’’ has the mean-
ing given to that term in section 322 of the Higher 
Education Act of 1965 (20 U.S.C. 1061); and 
(5) the term ‘‘photovoltaic devices’’ means de-
vices that convert light directly into electricity 
through a solid-state, semiconductor process. 
TITLE IX—STUDIES AND 
PROGRAM SUPPORT 
SEC. 901. GOALS. 
(a) IN GENERAL.—The Secretary shall conduct a bal-
anced set of programs of study to support Federal energy 
policy and programs by the Department. Such programs 
shall be focused on—
332
(1) increasing the efficiency of all energy inten-
sive sectors through conservation and improved tech-
nologies; 
(2) promoting diversity of energy supply; 
(3) decreasing the Nation’s dependence on for-
eign energy supplies; 
(4) improving United States energy security; 
and 
(5) decreasing the environmental impact of en-
ergy-related activities. 
(b) GOALS.—The Secretary shall publish measurable 
5-year cost and performance-based goals with each annual 
budget submission in at least the following areas: 
(1) Energy efficiency for buildings, energy-con-
suming industries, and vehicles. 
(2) Electric energy generation (including dis-
tributed generation), transmission, and storage. 
(3) Renewable energy technologies including 
wind power, photovoltaics, solar thermal systems, 
geothermal energy, hydrogen-fueled systems, bio-
mass-based systems, biofuels, and hydropower. 
(4) Fossil energy including power generation, 
onshore and offshore oil and gas resource recovery, 
and transportation.
333
(5) Nuclear energy including programs for ex-
isting and advanced reactors and education of future 
specialists. 
(c) PUBLIC COMMENT.—The Secretary shall provide 
mechanisms for input on the annually published goals 
from industry, university, and other public sources. 
(d) EFFECT OF GOALS.—
(1) NO NEW AUTHORITY OR REQUIREMENT.—
Nothing in subsection (a) or the annually published 
goals shall—
(A) create any new—
(i) authority for any Federal agency; 
or 
(ii) requirement for any other person; 
(B) be used by a Federal agency to sup-
port the establishment of regulatory standards 
or regulatory requirements; or 
(C) alter the authority of the Secretary to 
make grants or other awards. 
(2) NO
LIMITATION.—Nothing in this sub-
section shall be construed to limit the authority of 
the Secretary to impose conditions on grants or 
other awards based on the goals in subsection (a) or 
any subsequent modification thereto.
334
SEC. 902. DEFINITIONS. 
For purposes of this title: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) DEPARTMENTAL MISSION.—The term ‘‘de-
partmental mission’’ means any of the functions 
vested in the Secretary of Energy by the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 
et seq.) or other law. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
Subtitle A—Energy Efficiency 
SEC. 904. ENERGY EFFICIENCY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for energy effi-
ciency and conservation activities, including activities au-
thorized under this subtitle: 
(1) For fiscal year 2006, $616,000,000. 
(2) For fiscal year 2007, $695,000,000. 
(3) For fiscal year 2008, $772,000,000. 
(4) For fiscal year 2009, $865,000,000. 
(5) For fiscal year 2010, $920,000,000.
335
(b) ALLOCATIONS.—From amounts authorized under 
subsection (a), the following sums are authorized: 
(1) For activities under section 905—
(A) for fiscal year 2006, $20,000,000; 
(B) for fiscal year 2007, $30,000,000; 
(C) for fiscal year 2008, $50,000,000; 
(D) for fiscal year 2009, $50,000,000; and 
(E) for fiscal year 2010, $50,000,000. 
(2) For activities under section 907—
(A) for fiscal year 2006, $4,000,000; and 
(B) for each of fiscal years 2007 through 
2010, $7,000,000. 
(3) For activities under section 908—
(A) for fiscal year 2006, $20,000,000; 
(B) for fiscal year 2007, $25,000,000; 
(C) for fiscal year 2008, $30,000,000; 
(D) for fiscal year 2009, $35,000,000; and 
(E) for fiscal year 2010, $40,000,000. 
(4) 
For 
activities 
under 
section 
909, 
$2,000,000 for each of fiscal years 2007 through 
2010. 
(c) EXTENDED AUTHORIZATION.—There are author-
ized to be appropriated to the Secretary for activities 
under section 905, $50,000,000 for each of fiscal years 
2011 through 2015.
336
(d) LIMITATION ON USE OF FUNDS.—None of the 
funds authorized to be appropriated under this section 
may be used for—
(1) the issuance and implementation of energy 
efficiency regulations; 
(2) the Weatherization Assistance Program 
under part A of title IV of the Energy Conservation 
and Production Act (42 U.S.C. 6861 et seq.); 
(3) the State Energy Program under part D of 
title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6321 et seq.); or 
(4) the Federal Energy Management Program 
under part 3 of title V of the National Energy Con-
servation Policy Act (42 U.S.C. 8251 et seq.). 
SEC. 905. NEXT GENERATION LIGHTING INITIATIVE. 
(a) IN GENERAL.—The Secretary shall carry out a 
Next Generation Lighting Initiative in accordance with 
this section to support activities related to advanced solid-
state lighting technologies based on white light emitting 
diodes. 
(b) OBJECTIVES.—The objectives of the initiative 
shall be to develop advanced solid-state organic and inor-
ganic lighting technologies based on white light emitting 
diodes that, compared to incandescent and fluorescent 
lighting technologies, are longer lasting; more energy-effi-
337
cient; and cost-competitive, and have less environmental 
impact. 
(c) INDUSTRY ALLIANCE.—The Secretary shall, not 
later than 3 months after the date of enactment of this 
section, competitively select an Industry Alliance to rep-
resent participants that are private, for-profit firms which, 
as a group, are broadly representative of United States 
solid state lighting expertise as a whole. 
(d) STUDY.—
(1) IN
GENERAL.—The Secretary shall carry 
out the activities of the Next Generation Lighting 
Initiative through competitively awarded grants, in-
cluding to Industry Alliance participants, National 
Laboratories, and institutions of higher education. 
(2) ASSISTANCE
FROM
THE
INDUSTRY
ALLI-
ANCE.—The Secretary shall annually solicit from the 
Industry Alliance—
(A) comments to identify solid-state light-
ing technology needs; 
(B) assessment of the progress of the Ini-
tiative’s research activities; and 
(C) assistance in annually updating solid-
state lighting technology roadmaps. 
(3) AVAILABILITY OF INFORMATION AND ROAD-
MAPS.—The information and roadmaps under para-
338
graph (2) shall be available to the public and public 
response shall be solicited by the Secretary. 
(e) INTELLECTUAL PROPERTY.—The Secretary may 
require, in accordance with the authorities provided in sec-
tion 202(a)(ii) of title 35, United States Code, section 152 
of the Atomic Energy Act of 1954 (42 U.S.C. 2182), and 
section 9 of the Federal Nonnuclear Energy Research and 
Development Act of 1974 (42 U.S.C. 5908), that—
(1) for any new invention resulting from activi-
ties under subsection (d)—
(A) the Industry Alliance members that 
are active participants in research, development, 
and demonstration activities related to the ad-
vanced solid-state lighting technologies that are 
the subject of this section shall be granted first 
option to negotiate with the invention owner 
nonexclusive licenses and royalties for uses of 
the invention related to solid-state lighting on 
terms that are reasonable under the cir-
cumstances; and 
(B)(i) for 1 year after a United States pat-
ent is issued for the invention, the patent hold-
er shall not negotiate any license or royalty 
with any entity that is not a participant in the
339
Industry Alliance described in subparagraph 
(A); and 
(ii) during the year described in clause (i), 
the invention owner shall negotiate nonexclusive 
licenses and royalties in good faith with any in-
terested participant in the Industry Alliance de-
scribed in subparagraph (A); and 
(2) such other terms as the Secretary deter-
mines are required to promote accelerated commer-
cialization of inventions made under the Initiative. 
(f) NATIONAL ACADEMY REVIEW.—The Secretary 
shall enter into an arrangement with the National Acad-
emy of Sciences to conduct periodic reviews of the Next 
Generation Lighting Initiative. The Academy shall review 
the priorities, technical milestones, and plans for tech-
nology transfer and progress towards achieving them. The 
Secretary shall consider the results of such reviews in eval-
uating the information obtained under subsection (d)(2). 
(g) DEFINITIONS.—As used in this section: 
(1) ADVANCED
SOLID-STATE
LIGHTING.—The 
term ‘‘advanced solid-state lighting’’ means a 
semiconducting device package and delivery system 
that produces white light using externally applied 
voltage.
340
(2) INDUSTRY ALLIANCE.—The term ‘‘Industry 
Alliance’’ means an entity selected by the Secretary 
under subsection (c). 
(3) WHITE LIGHT EMITTING DIODE.—The term 
‘‘white 
light 
emitting 
diode’’ 
means 
a 
semiconducting package, utilizing either organic or 
inorganic materials, that produces white light using 
externally applied voltage. 
SEC. 906. NATIONAL BUILDING PERFORMANCE INITIATIVE. 
(a) INTERAGENCY GROUP.—Not later than 90 days 
after the date of enactment of this Act, the President shall 
establish an interagency group to develop, in coordination 
with the advisory committee established under subsection 
(e), a National Building Performance Initiative (in this 
section referred to as the ‘‘Initiative’’). The interagency 
group shall be co-chaired by appropriate officials of the 
Department and the Department of Commerce, who shall 
jointly arrange for the provision of necessary administra-
tive support to the group. 
(b) INTEGRATION
OF
EFFORTS.—The Initiative, 
working with the National Institute of Building Sciences, 
shall integrate Federal, State, and voluntary private sector 
efforts to reduce the costs of construction, operation, 
maintenance, and renovation of commercial, industrial, in-
stitutional, and residential buildings.
341
(c) DEPARTMENT OF ENERGY ROLE.—Within the 
Federal portion of the Initiative, the Department shall be 
the lead agency for all aspects of building performance re-
lated to use and conservation of energy. 
(d) ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary, in con-
sultation with the Secretary of Commerce and the 
Director of the Office of Science and Technology 
Policy, shall establish an advisory committee to—
(A) analyze and provide recommendations 
on potential private sector roles and participa-
tion in the Initiative; and 
(B) review and provide recommendations 
on the plan described in subsection (c). 
(2) MEMBERSHIP.—Membership of the advisory 
committee shall include representatives with a broad 
range of appropriate expertise, including expertise 
in—
(A) building technology; 
(B) architecture, engineering, and building 
materials and systems; and 
(C) the residential, commercial, and indus-
trial sectors of the construction industry.
342
(e) CONSTRUCTION.—Nothing in this section pro-
vides any Federal agency with new authority to regulate 
building performance. 
SEC. 907. SECONDARY ELECTRIC VEHICLE BATTERY USE 
PROGRAM. 
(a) DEFINITIONS.—For purposes of this section: 
(1) ASSOCIATED EQUIPMENT.—The term ‘‘asso-
ciated equipment’’ means equipment located where 
the batteries will be used that is necessary to enable 
the use of the energy stored in the batteries. 
(2) BATTERY.—The term ‘‘battery’’ means an 
energy storage device that previously has been used 
to provide motive power in a vehicle powered in 
whole or in part by electricity. 
(b) PROGRAM.—The Secretary shall establish and 
conduct a program of study for the secondary use of bat-
teries if the Secretary finds that there are sufficient num-
bers of such batteries to support the program. The pro-
gram shall be—
(1) designed to demonstrate the use of batteries 
in secondary applications, including utility and com-
mercial power storage and power quality; 
(2) structured to evaluate the performance, in-
cluding useful service life and costs, of such bat-
teries in field operations, and the necessary sup-
343
porting infrastructure, including reuse and disposal 
of batteries; and 
(3) coordinated with ongoing secondary battery 
use programs at the National Laboratories and in 
industry. 
(c) SOLICITATION.—Not later than 180 days after 
the date of enactment of this Act, if the Secretary finds 
under subsection (b) that there are sufficient numbers of 
batteries to support the program, the Secretary shall so-
licit proposals to demonstrate the secondary use of bat-
teries and associated equipment and supporting infra-
structure in geographic locations throughout the United 
States. The Secretary may make additional solicitations 
for proposals if the Secretary determines that such solici-
tations are necessary to carry out this section. 
(d) SELECTION OF PROPOSALS.—
(1) IN
GENERAL.—The Secretary shall, not 
later than 90 days after the closing date established 
by the Secretary for receipt of proposals under sub-
section (c), select up to 5 proposals which may re-
ceive financial assistance under this section, subject 
to the availability of appropriations. 
(2) DIVERSITY; ENVIRONMENTAL EFFECT.—In 
selecting proposals, the Secretary shall consider di-
versity of battery type, geographic and climatic di-
344
versity, and life-cycle environmental effects of the 
approaches. 
(3) LIMITATION.—No 1 project selected under 
this section shall receive more than 25 percent of the 
funds authorized for the program under this section. 
(4) OPTIMIZATION OF FEDERAL RESOURCES.—
The Secretary shall consider the extent of involve-
ment of State or local government and other persons 
in each demonstration project to optimize use of 
Federal resources. 
(5) OTHER CRITERIA.—The Secretary may con-
sider such other criteria as the Secretary considers 
appropriate. 
(e) CONDITIONS.—The Secretary shall require that—
(1) relevant information be provided to the De-
partment, the users of the batteries, the proposers, 
and the battery manufacturers; 
(2) the proposer provide at least 50 percent of 
the costs associated with the proposal; and 
(3) the proposer provide to the Secretary such 
information regarding the disposal of the batteries 
as the Secretary may require to ensure that the pro-
poser disposes of the batteries in accordance with 
applicable law.
345
SEC. 908. ENERGY EFFICIENCY STUDY INITIATIVE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
an Energy Efficiency Science Initiative to be managed by 
the Assistant Secretary in the Department with responsi-
bility for energy conservation under section 203(a)(9) of 
the Department of Energy Organization Act (42 U.S.C. 
7133(a)(9)), in consultation with the Director of the Of-
fice of Science, for grants to be competitively awarded and 
subject to peer review for studies relating to energy effi-
ciency. 
(b) REPORT.—The Secretary shall submit to Con-
gress, along with the President’s annual budget request 
under section 1105(a) of title 31, United States Code, a 
report on the activities of the Energy Efficiency Science 
Initiative, including a description of the process used to 
award the funds and an explanation of how the studies 
relate to energy efficiency. 
SEC. 909. ELECTRIC MOTOR CONTROL TECHNOLOGY. 
The Secretary shall conduct a program of study on 
advanced control devices to improve the energy efficiency 
of electric motors used in heating, ventilation, air condi-
tioning, and comparable systems.
346
Subtitle B—Distributed Energy and 
Electric Energy Systems 
SEC. 911. DISTRIBUTED ENERGY AND ELECTRIC ENERGY 
SYSTEMS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for distributed 
energy and electric energy systems activities, including ac-
tivities authorized under this subtitle: 
(1) For fiscal year 2006, $190,000,000. 
(2) For fiscal year 2007, $200,000,000. 
(3) For fiscal year 2008, $220,000,000. 
(4) For fiscal year 2009, $240,000,000. 
(5) For fiscal year 2010, $260,000,000. 
(b) 
MICRO-COGENERATION
ENERGY
TECH-
NOLOGY.—From amounts authorized under subsection 
(a), $20,000,000 for each of fiscal years 2006 and 2007 
is authorized for activities under section 914. 
SEC. 913. HIGH POWER DENSITY INDUSTRY PROGRAM. 
The Secretary shall establish a comprehensive pro-
gram of study to improve energy efficiency of high power 
density facilities, including data centers, server farms, and 
telecommunications facilities. Such program shall consider 
technologies that provide significant improvement in ther-
mal controls, metering, load management, peak load re-
duction, or the efficient cooling of electronics.
347
SEC. 916. RECIPROCATING POWER. 
The Secretary shall conduct a program of study re-
garding fuel system optimization and emissions reduction 
after-treatment technologies for industrial reciprocating 
engines. Such after-treatment technologies shall use proc-
esses that reduce emissions by recirculating exhaust gases 
and shall be designed to be retrofitted to any new or exist-
ing diesel or natural gas engine used for power generation, 
peaking power generation, combined heat and power, or 
compression. 
SEC. 917. ADVANCED PORTABLE POWER DEVICES. 
(a) PROGRAM.—The Secretary shall—
(1) establish a program to develop working 
models of small scale portable power devices; and 
(2) to the fullest extent practicable, identify and 
utilize the resources of universities that have shown 
expertise with respect to advanced portable power 
devices for either civilian or military use. 
(b) ORGANIZATION.—The universities identified and 
utilized under subsection (a)(2) are authorized to establish 
an organization to promote small scale portable power de-
vices. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘small scale portable power device’’ means a field 
deployable portable mechanical or electromechanical device 
that can be used for applications such as communications,
348
computation, mobility enhancement, weapons systems, op-
tical devices, cooling, sensors, medical devices and active 
biological agent detection systems. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for car-
rying out this section $8,000,000 for the period encom-
passing fiscal years 2006 through 2010. 
Subtitle C—Renewable Energy 
SEC. 918. RENEWABLE ENERGY. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated to the Secretary for renewable en-
ergy activities, including activities authorized under this 
subtitle: 
(1) For fiscal year 2006, $480,000,000. 
(2) For fiscal year 2007, $550,000,000. 
(3) For fiscal year 2008, $610,000,000. 
(4) For fiscal year 2009, $659,000,000. 
(5) For fiscal year 2010, $710,000,000. 
(b) BIOENERGY.—From the amounts authorized 
under subsection (a), the following sums are authorized 
to be appropriated to carry out section 919: 
(1) For fiscal year 2006, $135,425,000. 
(2) For fiscal year 2007, $155,600,000. 
(3) For fiscal year 2008, $167,650,000. 
(4) For fiscal year 2009, $180,000,000.
349
(5) For fiscal year 2010, $192,000,000. 
(c) 
CONCENTRATING
SOLAR
POWER.—From 
amounts authorized under subsection (a), the following 
sums are authorized to be appropriated to carry out sec-
tion 920: 
(1) For fiscal year 2006, $20,000,000. 
(2) For fiscal year 2007, $40,000,000. 
(3) For each of fiscal years 2008, 2009, and 
2010, $50,000,000. 
(d) PUBLIC BUILDINGS.—From the amounts author-
ized under subsection (a), $30,000,000 for each of the fis-
cal years 2006 through 2010 are authorized to be appro-
priated to carry out section 922. 
(e) LIMITS ON USE OF FUNDS.—
(1) NO FUNDS FOR RENEWABLE SUPPORT AND 
IMPLEMENTATION.—None of the funds authorized to 
be appropriated under this section may be used for 
Renewable Support and Implementation. 
(2) GRANTS.—Of the funds authorized under 
subsection (b), not less than $5,000,000 for each fis-
cal year shall be made available for grants to His-
torically Black Colleges and Universities, Tribal Col-
leges, and Hispanic-Serving Institutions. 
(3) REGIONAL
FIELD
VERIFICATION
PRO-
GRAM.—Of the funds authorized under subsection
350
(a), not less than $4,000,000 for each fiscal year 
shall be made available for the Regional Field 
Verification Program of the Department. 
(4) OFF-STREAM
PUMPED
STORAGE
HYDRO-
POWER.—Of the funds authorized under subsection 
(a), such sums as may be necessary shall be made 
available for demonstration projects of off-stream 
pumped storage hydropower. 
(f) CONSULTATION.—In carrying out this subtitle, 
the Secretary, in consultation with the Secretary of Agri-
culture, shall demonstrate the use of advanced wind power 
technology, including combined use with coal gasification; 
biomass; geothermal energy systems; and other renewable 
energy technologies to assist in delivering electricity to 
rural and remote locations. 
SEC. 919. BIOENERGY PROGRAMS. 
(a) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘agricultural byproducts’’ in-
cludes waste products, including poultry fat and 
poultry waste. 
(2) The term ‘‘cellulosic biomass’’ means any 
portion of a crop containing lignocellulose or hemi-
cellulose, including barley grain, grapeseed, forest 
thinnings, rice bran, rice hulls, rice straw, soybean 
matter, and sugarcane bagasse, or any crop grown
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specifically for the purpose of producing cellulosic 
feedstocks. 
(b) PROGRAM.—The Secretary shall conduct a pro-
gram of study for bioenergy, including—
(1) biopower energy systems; 
(2) biofuels; 
(3) bio-based products; 
(4) integrated biorefineries that may produce 
biopower, biofuels, and bio-based products; 
(5) cross-cutting research and development in 
feedstocks and enzymes; and 
(6) economic analysis. 
(c) BIOFUELS
AND BIO-BASED PRODUCTS.—The 
goals of the biofuels and bio-based products programs 
shall be to promote, in partnership with industry—
(1) advanced biochemical and thermochemical 
conversion technologies capable of making biofuels 
that are price-competitive with gasoline or diesel in 
either internal combustion engines or fuel cell-pow-
ered vehicles, and bio-based products from a variety 
of feedstocks, including grains, cellulosic biomass, 
and other agricultural byproducts; and 
(2) advanced biotechnology processes capable of 
making biofuels and bio-based products with empha-