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‘‘(C) PROOF.—On request by a regulatory 
agency or law enforcement agency, the vehicle 
operator shall provide proof (through demonstra-
tion or certification) that— 
‘‘(i) the idle reduction technology is 
fully functional at all times; and 
‘‘(ii) the 250-pound gross weight in-
crease is not used for any purpose other 
than the use of idle reduction technology de-
scribed in subparagraph (A).’’. 
SEC. 734. BIODIESEL ENGINE TESTING PROJECT. 
(a) DEFINITION OF BIODIESEL.—In this section, the 
term ‘‘biodiesel’’ means a diesel fuel substitute produced 
from nonpetroleum renewable resources that meets— 
(1) the registration requirements for fuels and 
fuel additives established under section 211 of the 
Clean Air Act (42 U.S.C. 7545); and 
(2) the American Society for Testing and Mate-
rials Standard D6751–02a ‘‘Standard Specification 
for Biodiesel Fuel (B100) Blend Stock for Distillate 
Fuels’’. 
(b) PROGRAM.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall initiate a 
project, in partnership with diesel engine, diesel fuel injec-
tion system, and diesel vehicle manufacturers and diesel
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and biodiesel fuel providers, to provide biodiesel testing in 
advanced diesel engine and fuel system technology. 
(c) SCOPE.—The project shall provide for testing to de-
termine the impact of biodiesel on current and future emis-
sion control technologies, with emphasis on— 
(1) the impact of biodiesel on emissions war-
ranty, in-use liability, and anti-tampering provi-
sions; 
(2) the impact of long-term use of biodiesel on 
engine operations; 
(3) the options for optimizing those technologies 
for both emissions and performance when switching 
between biodiesel and diesel fuel; and 
(4) the impact of using biodiesel in those fueling 
systems and engines when used as a blend with diesel 
fuel containing a maximum of 15-parts-per-million 
sulfur content, as mandated by the Administrator of 
the Environmental Protection Agency during 2006. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to Con-
gress a report on the results of the project, including— 
(1) a comprehensive analysis of impacts from 
biodiesel on engine operation for both existing and ex-
pected future diesel technologies; and
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(2) recommendations for ensuring optimal emis-
sions reductions and engine performance with bio-
diesel. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2006 through 2008. 
SEC. 735. INVESTIGATION OF GASOLINE PRICES. 
(a) INVESTIGATION.—Not later than 90 days after the 
date of enactment of this Act, the Federal Trade Commis-
sion shall conduct an investigation to determine if the price 
of gasoline is being artificially manipulated by reducing 
refinery capacity or by any other form of market manipula-
tion or price gouging practices. 
(b) EVALUATION AND ANALYSIS.—The Secretary shall 
direct the National Petroleum Council to conduct an eval-
uation and analysis to determine whether, and to what ex-
tent, environmental and other regulations affect new domes-
tic refinery construction and significant expansion of exist-
ing refinery capacity. 
(c) REPORTS TO CONGRESS.— 
(1) INVESTIGATION.—On completion of the inves-
tigation under subsection (a), the Federal Trade Com-
mission shall submit to Congress a report that de-
scribes— 
(A) the results of the investigation; and
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(B) any recommendations of the Federal 
Trade Commission. 
(2) EVALUATION AND ANALYSIS.—On completion 
of the evaluation and analysis under subsection (b), 
the Secretary shall submit to Congress a report that 
describes— 
(A) the results of the evaluation and anal-
ysis; and 
(B) any recommendations of the National 
Petroleum Council. 
Subtitle D—Federal and State 
Procurement 
SEC. 741. DEFINITIONS. 
In this subtitle: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) FUEL CELL.—The term ‘‘fuel cell’’ means a 
device that directly converts the chemical energy of a 
fuel and an oxidant into electricity by electrochemical 
processes occurring at separate electrodes in the de-
vice. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy.
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(4) STATIONARY; PORTABLE.—The terms ‘‘sta-
tionary’’ and ‘‘portable’’, when used in reference to a 
fuel cell, include— 
(A) continuous electric power; and 
(B) backup electric power. 
(5) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Hydrogen and Fuel Cell Technical Task 
Force established under section 102(a) of the Spark 
M. Matsunaga Hydrogen Research, Development, and 
Demonstration Act of 1990 (as amended by section 
801). 
(6) TECHNICAL
ADVISORY
COMMITTEE.—The 
term ‘‘Technical Advisory Committee’’ means the 
independent Technical Advisory Committee selected 
under section 102(d) of the Spark M. Matsunaga Hy-
drogen Research, Development, and Demonstration 
Act of 1990 (as added by section 801). 
SEC. 742. FEDERAL AND STATE PROCUREMENT OF FUEL 
CELL VEHICLES AND HYDROGEN ENERGY 
SYSTEMS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to stimulate acceptance by the market of fuel 
cell vehicles and hydrogen energy systems;
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(2) to support development of technologies relat-
ing to fuel cell vehicles, public refueling stations, and 
hydrogen energy systems; and 
(3) to require the Federal government, which is 
the largest single user of energy in the United States, 
to adopt those technologies as soon as practicable after 
the technologies are developed, in conjunction with 
private industry partners. 
(b) FEDERAL LEASES AND PURCHASES.— 
(1) REQUIREMENT.— 
(A) IN GENERAL.—Not later than January 
1, 2010, the head of any Federal agency that 
uses a light-duty or heavy-duty vehicle fleet shall 
lease or purchase fuel cell vehicles and hydrogen 
energy systems to meet any applicable energy 
savings goal described in subsection (c). 
(B) 
LEARNING
DEMONSTRATION
VEHI-
CLES.—The Secretary may lease or purchase ap-
propriate vehicles developed under section 201 of 
the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (as 
added by section 801) to meet the requirement in 
subparagraph (A). 
(2) COSTS OF LEASES AND PURCHASES.—
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(A) IN
GENERAL.—The Secretary, in co-
operation with the Task Force and the Technical 
Advisory Committee, shall pay to Federal agen-
cies (or share the cost under interagency agree-
ments) the difference in cost between— 
(i) the cost to the agencies of leasing or 
purchasing fuel cell vehicles and hydrogen 
energy systems under paragraph (1); and 
(ii) the cost to the agencies of a feasible 
alternative to leasing or purchasing fuel cell 
vehicles and hydrogen energy systems, as 
determined by the Secretary. 
(B) COMPETITIVE COSTS AND MANAGEMENT 
STRUCTURES.—In carrying out subparagraph 
(A), the Secretary, in consultation with the agen-
cy, may use the General Services Administration 
or any commercial vendor to ensure— 
(i) a cost-effective purchase of a fuel 
cell vehicle or hydrogen energy system; or 
(ii) a cost-effective management struc-
ture of the lease of a fuel cell vehicle or hy-
drogen energy system. 
(3) EXCEPTION.— 
(A) IN GENERAL.—If the Secretary deter-
mines that the head of an agency described in
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paragraph (1) cannot find an appropriately effi-
cient and reliable fuel cell vehicle or hydrogen 
energy system in accordance with paragraph (1), 
that agency shall be excepted from compliance 
with paragraph (1). 
(B) CONSIDERATION.—In making a deter-
mination under subparagraph (A), the Secretary 
shall consider— 
(i) the needs of the agency; and 
(ii) an evaluation performed by— 
(I) the Task Force; or 
(II) the Technical Advisory Com-
mittee. 
(c) ENERGY SAVINGS GOALS.— 
(1) IN GENERAL.— 
(A) REGULATIONS.—Not later than Decem-
ber 31, 2006, the Secretary shall— 
(i) in cooperation with the Task Force, 
promulgate regulations for the period of 
2008 through 2010 that extend and aug-
ment energy savings goals for each Federal 
agency, in accordance with any Executive 
order issued after March 2000; and 
(ii) promulgate regulations to expand 
the minimum Federal fleet requirement and
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credit allowances for fuel cell vehicle systems 
under section 303 of the Energy Policy Act 
of 1992 (42 U.S.C. 13212). 
(B) REVIEW, EVALUATION, AND NEW REGU-
LATIONS.—Not later than December 31, 2010, the 
Secretary shall— 
(i) review the regulations promulgated 
under subparagraph (A); 
(ii) evaluate any progress made toward 
achieving energy savings by Federal agen-
cies; and 
(iii) promulgate new regulations for 
the period of 2011 through 2015 to achieve 
additional energy savings by Federal agen-
cies relating to technical and cost-perform-
ance standards. 
(2) OFFSETTING ENERGY SAVINGS GOALS.—An 
agency that leases or purchases a fuel cell vehicle or 
hydrogen energy system in accordance with subsection 
(b)(1) may use that lease or purchase to count toward 
an energy savings goal of the agency. 
(d) COOPERATIVE PROGRAM WITH STATE AGEN-
CIES.— 
(1) IN GENERAL.—The Secretary may establish a 
cooperative program with State agencies managing
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motor vehicle fleets to encourage purchase of fuel cell 
vehicles by the agencies. 
(2) INCENTIVES.—In carrying out the coopera-
tive program, the Secretary may offer incentive pay-
ments to a State agency to assist with the cost of 
planning, differential purchases, and administration. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section— 
(1) $15,000,000 for fiscal year 2008; 
(2) $25,000,000 for fiscal year 2009; 
(3) $65,000,000 for fiscal year 2010; and 
(4) such sums as are necessary for each of fiscal 
years 2011 through 2015. 
SEC. 743. FEDERAL PROCUREMENT OF STATIONARY, PORT-
ABLE, AND MICRO FUEL CELLS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to stimulate acceptance by the market of sta-
tionary, portable, and micro fuel cells; and 
(2) to support development of technologies relat-
ing to stationary, portable, and micro fuel cells. 
(b) FEDERAL LEASES AND PURCHASES.— 
(1) IN GENERAL.—Not later than January 1, 
2006, the head of any Federal agency that uses elec-
trical power from stationary, portable, or microport-
able devices shall lease or purchase a stationary, port-
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able, or micro fuel cell to meet any applicable energy 
savings goal described in subsection (c). 
(2) COSTS OF LEASES AND PURCHASES.— 
(A) IN
GENERAL.—The Secretary, in co-
operation with the Task Force and the Technical 
Advisory Committee, shall pay the cost to Fed-
eral agencies (or share the cost under interagency 
agreements) of leasing or purchasing stationary, 
portable, and micro fuel cells under paragraph 
(1). 
(B) COMPETITIVE COSTS AND MANAGEMENT 
STRUCTURES.—In carrying out subparagraph 
(A), the Secretary, in consultation with the agen-
cy, may use the General Services Administration 
or any commercial vendor to ensure— 
(i) a cost-effective purchase of a sta-
tionary, portable, or micro fuel cell; or 
(ii) a cost-effective management struc-
ture of the lease of a stationary, portable, or 
micro fuel cell. 
(3) EXCEPTION.— 
(A) IN GENERAL.—If the Secretary deter-
mines that the head of an agency described in 
paragraph (1) cannot find an appropriately effi-
cient and reliable stationary, portable, or micro
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fuel cell in accordance with paragraph (1), that 
agency shall be excepted from compliance with 
paragraph (1). 
(B) CONSIDERATION.—In making a deter-
mination under subparagraph (A), the Secretary 
shall consider— 
(i) the needs of the agency; and 
(ii) an evaluation performed by— 
(I) the Task Force; or 
(II) the Technical Advisory Com-
mittee of the Task Force. 
(c) ENERGY SAVINGS GOALS.—An agency that leases 
or purchases a stationary, portable, or micro fuel cell in 
accordance with subsection (b)(1) may use that lease or pur-
chase to count toward an energy savings goal described in 
section 732(c)(1) that is applicable to the agency. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section— 
(1) $20,000,000 for fiscal year 2006; 
(2) $50,000,000 for fiscal year 2007; 
(3) $75,000,000 for fiscal year 2008; 
(4) $100,000,000 for fiscal year 2009; 
(5) $100,000,000 for fiscal year 2010; and 
(6) such sums as are necessary for each of fiscal 
years 2011 through 2015.
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Subtitle E—Diesel Emissions 
Reduction 
SEC. 751. DEFINITIONS. 
In this subtitle: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CERTIFIED
ENGINE
CONFIGURATION.—The 
term ‘‘certified engine configuration’’ means a new, 
rebuilt, or remanufactured engine configuration— 
(A) that has been certified or verified by— 
(i) the Administrator; or 
(ii) the California Air Resources 
Board; 
(B) that meets or is rebuilt or remanufac-
tured to a more stringent set of engine emission 
standards, as determined by the Administrator; 
and 
(C) in the case of a certified engine configu-
ration involving the replacement of an existing 
engine or vehicle, an engine configuration that 
replaced an engine that was— 
(i) removed from the vehicle; and 
(ii) returned to the supplier for re-
manufacturing to a more stringent set of
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engine 
emissions 
standards 
or 
for 
scrappage. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a regional, State, local, or tribal agency 
with jurisdiction over transportation or air 
quality; and 
(B) a nonprofit organization or institution 
that— 
(i) represents organizations that own 
or operate diesel fleets; or 
(ii) has, as its principal purpose, the 
promotion of transportation or air quality. 
(4) EMERGING TECHNOLOGY.—The term ‘‘emerg-
ing technology’’ means a technology that is not cer-
tified or verified by the Administrator or the Cali-
fornia Air Resources Board but for which an approv-
able application and test plan has been submitted for 
verification to the Administrator or the California 
Air Resources Board. 
(5) HEAVY-DUTY TRUCK.—The term ‘‘heavy-duty 
truck’’ has the meaning given the term ‘‘heavy duty 
vehicle’’ in section 202 of the Clean Air Act (42 
U.S.C. 7521).
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(6) MEDIUM-DUTY TRUCK.—The term ‘‘medium- 
duty truck’’ has such meaning as shall be determined 
by the Administrator, by regulation. 
(7) VERIFIED TECHNOLOGY.—The term ‘‘verified 
technology’’ means a pollution control technology, in-
cluding a retrofit technology, that has been verified 
by— 
(A) the Administrator; or 
(B) the California Air Resources Board. 
SEC. 752. NATIONAL GRANT AND LOAN PROGRAMS. 
(a) IN GENERAL.—The Administrator shall use 70 
percent of the funds made available to carry out this subtitle 
for each fiscal year to provide grants and low-cost revolving 
loans, as determined by the Administrator, on a competitive 
basis, to eligible entities to achieve significant reductions 
in diesel emissions in terms of— 
(1) tons of pollution produced; and 
(2) diesel emissions exposure, particularly from 
fleets operating in areas designated by the Adminis-
trator as poor air quality areas. 
(b) DISTRIBUTION.— 
(1) IN GENERAL.—The Administrator shall dis-
tribute funds made available for a fiscal year under 
this subtitle in accordance with this section.
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(2) FLEETS.—The Administrator shall provide 
not less than 50 percent of funds available for a fiscal 
year under this section to eligible entities for the ben-
efit of public fleets. 
(3) 
ENGINE
CONFIGURATIONS
AND
TECH-
NOLOGIES.— 
(A) CERTIFIED
ENGINE
CONFIGURATIONS 
AND
VERIFIED
TECHNOLOGIES.—The Adminis-
trator shall provide not less than 90 percent of 
funds available for a fiscal year under this sec-
tion to eligible entities for projects using— 
(i) a certified engine configuration; or 
(ii) a verified technology. 
(B) EMERGING TECHNOLOGIES.— 
(i) IN GENERAL.—The Administrator 
shall provide not more than 10 percent of 
funds available for a fiscal year under this 
section to eligible entities for the develop-
ment and commercialization of emerging 
technologies. 
(ii) APPLICATION AND TEST PLAN.—To 
receive funds under clause (i), a manufac-
turer, in consultation with an eligible enti-
ty, shall submit for verification to the Ad-
ministrator or the California Air Resources
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Board a test plan for the emerging tech-
nology, together with the application under 
subsection (c). 
(c) APPLICATIONS.— 
(1) IN GENERAL.—To receive a grant or loan 
under this section, an eligible entity shall submit to 
the Administrator an application at a time, in a 
manner, and including such information as the Ad-
ministrator may require. 
(2) INCLUSIONS.—An application under this 
subsection shall include— 
(A) a description of the air quality of the 
area served by the eligible entity; 
(B) the quantity of air pollution produced 
by the diesel fleet in the area served by the eligi-
ble entity; 
(C) a description of the project proposed by 
the eligible entity, including— 
(i) any certified engine configuration, 
verified technology, or emerging technology 
to be used by the eligible entity; and 
(ii) the means by which the project will 
achieve a significant reduction in diesel 
emissions;
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(D) an evaluation (using methodology ap-
proved by the Administrator or the National 
Academy of Sciences) of the quantifiable and 
unquantifiable benefits of the emissions reduc-
tions of the proposed project; 
(E) an estimate of the cost of the proposed 
project; 
(F) a description of the age and expected 
lifetime control of the equipment used by the eli-
gible entity; 
(G) a description of the diesel fuel available 
to the eligible entity, including the sulfur content 
of the fuel; and 
(H) provisions for the monitoring and 
verification of the project. 
(3) PRIORITY.—In providing a grant or loan 
under this section, the Administrator shall give pri-
ority to proposed projects that, as determined by the 
Administrator— 
(A) maximize public health benefits; 
(B) are the most cost-effective; 
(C) serve areas— 
(i) with the highest population density;