[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 665 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 665

 To reauthorize and improve the Spark M. Matsunaga Hydrogen Research, 
 Development, and Demonstration Act of 1990 to establish a program to 
    commercialize hydrogen and fuel cell technology, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2005

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

_______________________________________________________________________

                                 A BILL


 
 To reauthorize and improve the Spark M. Matsunaga Hydrogen Research, 
 Development, and Demonstration Act of 1990 to establish a program to 
    commercialize hydrogen and fuel cell technology, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hydrogen and Fuel 
Cell Technology Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Hydrogen and fuel cell technology authorization.
Sec. 3. Public utilities.
Sec. 4. Tax incentives to build the hydrogen economy.

SEC. 2. HYDROGEN AND FUEL CELL TECHNOLOGY AUTHORIZATION.

    The Spark M. Matsunaga Hydrogen Research, Development, and 
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is amended to read 
as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Spark M. 
Matsunaga Hydrogen Research, Development, and Demonstration Act of 
1990.'.
    ``(b) Table of Contents.--The table of contents of this Act is as 
follows:

        ``Sec. 1. Short title; table of contents.
        ``Sec. 2. Definitions.
        ``Sec. 3. Findings.
        ``Sec. 4. Purposes.
                   ``TITLE I--HYDROGEN AND FUEL CELLS

        ``Sec. 101. Hydrogen and fuel cell technology research and 
                            development.
        ``Sec. 102. Task Force.
        ``Sec. 103. Technology transfer.
        ``Sec. 104. Authorization of appropriations.
            ``TITLE II--HYDROGEN AND FUEL CELL DEMONSTRATION

        ``Sec. 201. Hydrogen supply and fuel cell demonstration 
                            program.
        ``Sec. 202. Authorization of appropriations.
                   ``TITLE III--TRANSITION TO MARKET

        ``Sec. 301. Federal procurement of fuel cell vehicles and 
                            hydrogen energy systems.
        ``Sec. 302. Federal procurement of stationary and micro fuel 
                            cells.
                   ``TITLE IV--REGULATORY MANAGEMENT

        ``Sec. 401. Codes and standards.
        ``Sec. 402. Authorization of appropriations.
                           ``TITLE V--REPORTS

        ``Sec. 501. Deployment of hydrogen technology.
        ``Sec. 502. Authorization of appropriations.
                  ``TITLE VI--TERMINATION OF AUTHORITY

        ``Sec. 601. Termination of authority.

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Carbon footprint.--The term `carbon footprint' means 
        the sum of carbon equivalent emissions from all energy 
        conversion processes occurring from raw material through 
        hydrogen production, distribution, and use.
            ``(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 electrochemical processes occurring at 
        separate electrodes in the device.
            ``(4) Infrastructure.--The term `infrastructure' means the 
        equipment, systems, or facilities used to produce, distribute, 
        deliver, or store hydrogen (except for onboard storage).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(6) Stationary; portable.--The terms `stationary' and 
        `portable', when used in reference to a fuel cell, include--
                    ``(A) continuous electric power; and
                    ``(B) backup electric power.
            ``(7) Task Force.--The term `Task Force' means the Hydrogen 
        and Fuel Cell Technical Task Force established under section 
        102(a).
            ``(8) Technical Advisory Committee.--The term `Technical 
        Advisory Committee' means the independent Technical Advisory 
        Committee of the Task Force selected under section 102(d).

``SEC. 3. FINDINGS.

    ``Congress finds that--
            ``(1) the United States imports 60 percent of all the oil 
        and products that it consumes, most of it used in 
        transportation;
            ``(2) there is little fuel diversity in the transportation 
        sector of the United States, making it extremely sensitive to 
        volatile oil supplies;
            ``(3) rapidly rising energy prices have raised the imported 
        oil bill of the United States to nearly $250,000,000,000 in 
        2004, which is a direct offshore wealth transfer from the U.S. 
        that could otherwise be invested in a hydrogen economy to 
        create many new jobs;
            ``(4) although the United States has become a more 
        efficient and cleaner user of energy, total energy use 
        continues to grow as the economy expands, along with total 
        vehicle emissions;
            ``(5) without dramatic action, 68 percent of oil demand 
        will come from imports by 2025;
            ``(6) over the next 10 years, oil imports could cost nearly 
        $3,000,000,000,000, while protecting foreign supplies adds even 
        more to that cost;
            ``(7) hydrogen and fuel cells offer the best hope of 
        realizing more efficient, cleaner means of regaining control of 
        the energy security of the United States, and achieving quality 
        economic growth;
            ``(8) in the spirit of the Apollo project that put us on 
        the Moon, and the practical vision that built the United States 
        interstate highway system, the U.S. needs to commit sufficient 
        public investment to develop and commercialize hydrogen and 
        fuel cell technologies, in partnership with our private sector; 
        and
            ``(9) economies must grow to sustain their health, and 
        strong public investments in research and development will 
        harness the skills of our universities, national laboratories, 
        and innovative private industry to create the hydrogen economy.

``SEC. 4. PURPOSES.

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

                   ``TITLE I--HYDROGEN AND FUEL CELLS

``SEC. 101. HYDROGEN AND FUEL CELL TECHNOLOGY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary, in consultation with other 
Federal agencies and the private sector, shall conduct a research and 
development program on technologies relating to the production, 
purification, distribution, storage, and use of hydrogen energy, fuel 
cells, and related infrastructure.
    ``(b) Goal.--The goal of the program shall be to demonstrate and 
commercialize the use of hydrogen for transportation (in light and 
heavy vehicles), utility, industrial, commercial, residential, and 
defense applications.
    ``(c) Focus.--In carrying out activities under this section, the 
Secretary shall focus on mutually supportive developmental factors that 
are common to the development of hydrogen infrastructure and the supply 
of vehicle and electric power for critical consumer and commercial 
applications, and that achieve continuous technical evolution and cost 
reduction, particularly for hydrogen production, the supply of 
hydrogen, storage of hydrogen, and end uses of hydrogen that--
            ``(1) steadily increase production, distribution, and end 
        use efficiency and reduce carbon footprints;
            ``(2) resolve critical problems relating to catalysts, 
        membranes, storage, lightweight materials, electronic controls, 
        and other problems that emerge from research and development;
            ``(3) enhance sources of renewable fuels and biofuels for 
        hydrogen production; and
            ``(4) enable widespread use of distributed electricity 
        generation and storage.
    ``(d) Public Education and Research.--In carrying out this section, 
the Secretary shall support enhanced public education and university 
research in fundamental sciences, application design, and systems 
concepts (including education and research relating to materials, 
subsystems, manufacturability, maintenance, and safety) relating to 
hydrogen and fuel cells.
    ``(e) Funding.--
            ``(1) In general.--The Secretary shall carry out the 
        activities under this section through a competitive, merit-
        based review process consistent with any generally applicable 
        Federal law (including regulations) that applies to an award of 
        financial assistance, a contract, or another agreement.
            ``(2) Research centers.--The Secretary may provide funds to 
        a university-based or Federal laboratory or research center in 
        accordance with paragraph (1) to carry out an activity under 
        this section.
    ``(f) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of carrying out any project or 
        activity under this section shall be 80 percent.
            ``(2) Waiver of non-federal share.--The Secretary may waive 
        the non-Federal share of the cost of carrying out a project or 
        activity under this section if the non-Federal share would 
        otherwise be paid by a small business or an institution of 
        higher education (as defined in section 102 of the Higher 
        Education Act of 1965 (20 U.S.C. 1002)), as determined by the 
        Secretary.

``SEC. 102. TASK FORCE.

    ``(a) Establishment.--The Secretary, in cooperation with the 
Secretary of Defense, the Secretary of Transportation, and the 
Secretary of Commerce, shall establish an interagency Task Force, to be 
known as the `Hydrogen and Fuel Cell Technical Task Force' to advise 
the Secretary in carrying out programs under this Act.
    ``(b) Membership.--
            ``(1) In general.--The Task Force shall be comprised of 
        such representatives of the Council on Environmental Quality, 
        the Office of Science and Technology Policy, the Council of 
        Economic Advisors, the Environmental Protection Agency, and the 
        National Security Council, and such other representatives of 
        Federal agencies, conferences of governors, and regional 
        organizations, as the Secretary, Secretary of Defense, 
        Secretary of Transportation, and Secretary of Commerce 
        determine to be appropriate.
            ``(2) Voting.--A member of the Task Force that does not 
        represent a Federal agency shall serve on the Task Force only 
        in a nonvoting, advisory capacity.
    ``(c) Duties.--The Task Force shall review and make any necessary 
recommendations to the Secretary on implementation and conduct of 
programs under this Act.
    ``(d) Technical Advisory Committee.--
            ``(1) In general.--The Secretary shall select such number 
        of members as the Secretary considers to be appropriate to form 
        an independent, nonpolitical Technical Advisory Committee.
            ``(2) Membership.--
                    ``(A) In general.--Each member of the Technical 
                Advisory Committee shall have scientific, technical, or 
                industrial expertise, as determined by the Secretary.
                    ``(B) National laboratories.--At least 1 member of 
                the Technical Advisory Committee shall represent a 
                national laboratory.
            ``(3) Duties.--The Technical Advisory Committee shall 
        provide technical advice and assistance to the Task Force and 
        the Secretary.

``SEC. 103. TECHNOLOGY TRANSFER.

    ``In carrying out this Act, the Secretary shall carry out programs 
that--
            ``(1) provide for the transfer of critical hydrogen and 
        fuel cell technologies to the private sector;
            ``(2) accelerate wider application of those technologies in 
        the global market;
            ``(3) foster the exchange of generic, nonproprietary 
        information; and
            ``(4) assess technical and commercial viability of 
        technologies relating to the production, distribution, storage, 
        and use of hydrogen energy and fuel cells.

``SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Hydrogen Supply.--There are authorized to be appropriated to 
carry out projects and activities relating to hydrogen production, 
storage, distribution and dispensing, transport, education and 
coordination, and technology transfer under this title--
            ``(1) $200,000,000 for fiscal year 2006;
            ``(2) $210,000,000 for fiscal year 2007;
            ``(3) $220,000,000 for fiscal year 2008;
            ``(4) $230,000,000 for fiscal year 2009;
            ``(5) $250,000,000 for fiscal year 2010;
            ``(6) $240,000,000 for fiscal year 2011;
            ``(7) $230,000,000 for fiscal year 2012;
            ``(8) $220,000,000 for fiscal year 2013;
            ``(9) $180,000,000 for fiscal year 2014; and
            ``(10) $120,000,000 for fiscal year 2015.
    ``(b) Fuel Cell Technologies.--There are authorized to be 
appropriated to carry out projects and activities relating to fuel cell 
technologies under this title--
            ``(1) $160,000,000 for fiscal year 2006;
            ``(2) $170,000,000 for fiscal year 2007;
            ``(3) $180,000,000 for fiscal year 2008;
            ``(4) $200,000,000 for fiscal year 2009;
            ``(5) $210,000,000 for fiscal year 2010;
            ``(6) $200,000,000 for fiscal year 2011;
            ``(7) $190,000,000 for fiscal year 2012;
            ``(8) $170,000,000 for fiscal year 2013;
            ``(9) $150,000,000 for fiscal year 2014; and
            ``(10) $100,000,000 for fiscal year 2015.

            ``TITLE II--HYDROGEN AND FUEL CELL DEMONSTRATION

``SEC. 201. HYDROGEN SUPPLY AND FUEL CELL DEMONSTRATION PROGRAM.

    ``(a) In General.--The Secretary, in consultation with the Task 
Force and the Technical Advisory Committee, shall carry out a program 
to demonstrate developmental hydrogen and fuel cell systems for mobile, 
portable, and stationary uses, using improved versions of the learning 
demonstrations program concept of the Department, including 
demonstrations involving--
            ``(1) light duty vehicles;
            ``(2) fleet delivery vans;
            ``(3) heavier duty vehicles;
            ``(4) specialty industrial and farm vehicles; and
            ``(5) commercial and residential portable, continuous, and 
        backup electric power generation.
    ``(b) Other Demonstration Programs.--To develop widespread hydrogen 
supply and use options, and assist evolution of technology, the 
Secretary shall--
            ``(1) carry out demonstrations of evolving hydrogen and 
        fuel cell technologies in national parks, remote island areas, 
        and on Indian tribal land, as selected by the Secretary;
            ``(2) in accordance with any code or standards developed in 
        a region, fund prototype, pilot fleet, and infrastructure 
        regional hydrogen supply corridors along the interstate highway 
        system in varied climates across the United States; and
            ``(3) fund demonstration programs that explore the use of 
        hydrogen blends, hybrid hydrogen, and hydrogen reformed from 
        renewable agricultural fuels, including the use of hydrogen in 
        hybrid electric, heavier duty, and advanced internal 
        combustion-powered vehicles.
    ``(c) System Demonstrations.--
            ``(1) In general.--As a component of the demonstration 
        program under this section, the Secretary shall provide grants, 
        on a cost share basis as appropriate, to eligible entities (as 
        determined by the Secretary) for use in--
                    ``(A) devising system design concepts that provide 
                for the use of advanced composite vehicles in programs 
                under title III that--
                            ``(i) have as a primary goal the reduction 
                        of drive energy requirements;
                            ``(ii) after 2010, add another research and 
                        development phase to the vehicle and 
                        infrastructure partnerships developed under the 
                        learning demonstrations program concept of the 
                        Department; and
                            ``(iii) are managed through an enhanced 
                        FreedomCAR program within the Department that 
                        encourages involvement in cost-shared projects 
                        by domestic and international manufacturers and 
                        governments; and
                    ``(B) designing a local distributed energy system 
                that--
                            ``(i) incorporates renewable hydrogen 
                        production, off-grid electricity production, 
                        and fleet applications in industrial or 
                        commercial service;
                            ``(ii) integrates energy or applications 
                        described in clause (i), such as stationary, 
                        portable, micro, and mobile fuel cells, into a 
                        high-density commercial or residential building 
                        complex or agricultural community; and
                            ``(iii) is managed in cooperation with 
                        industry, State, tribal, and local governments, 
                        agricultural organizations, and nonprofit 
                        generators and distributors of electricity.
            ``(2) Cost sharing.--The Federal share of the cost of a 
        project or activity carried out using funds from a grant under 
        paragraph (1) shall not exceed 50% percent, as determined by 
        the Secretary.
    ``(d) Identification of New Research and Development 
Requirements.--In carrying out the demonstrations under subsection (a), 
the Secretary, in consultation with the Task Force and the Technical 
Advisory Committee, shall--
            ``(1) after 2008 for stationary and portable applications, 
        and after 2010 for vehicles, identify new research and 
        development requirements that refine technological concepts, 
        planning, and applications; and
            ``(2) during the second phase of the learning 
        demonstrations under subsection (c)(1)(A)(ii), redesign 
        subsequent research and development to incorporate those 
        requirements.

``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $185,000,000 for fiscal year 2006;
            ``(2) $200,000,000 for fiscal year 2007;
            ``(3) $300,000,000 for fiscal year 2008;
            ``(4) $350,000,000 for fiscal year 2009;
            ``(5) $425,000,000 for fiscal year 2010;
            ``(6) $335,000,000 for fiscal year 2011;
            ``(7) $310,000,000 for fiscal year 2012;
            ``(8) $270,000,000 for fiscal year 2013;
            ``(9) $200,000,000 for fiscal year 2014; and
            ``(10) $100,000,000 for fiscal year 2015.

                   ``TITLE III--TRANSITION TO MARKET

``SEC. 301. FEDERAL PROCUREMENT OF FUEL CELL VEHICLES AND HYDROGEN 
              ENERGY SYSTEMS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to stimulate acceptance by the market of fuel cell 
        vehicles and hydrogen energy systems;
            ``(2) to support development of technologies relating to 
        fuel cell vehicles, public refueling stations, and hydrogen 
        energy systems; and
            ``(3) to require the Federal government, which is the 
        largest single user of energy in the United States, to adopt 
        those technologies as soon as practicable after the 
        technologies are developed, in conjunction with private 
        industry partners.
    ``(b) Federal Leases and Purchases.--
            ``(1) Requirement.--
                    ``(A) In general.--Not 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 vehicles.--The 
                Secretary may lease or purchase appropriate vehicles 
                developed under the learning demonstrations program 
                concept of the Department under title II to meet the 
                requirement in subparagraph (A).
            ``(2) Costs of leases and purchases.--
                    ``(A) In general.--The Secretary, in cooperation 
                with the Task Force and the Technical Advisory 
                Committee, shall pay to Federal agencies (or share the 
                cost under interagency agreements) the difference in 
                cost between--
                            ``(i) the cost to the agencies of leasing 
                        or purchasing fuel cell vehicles and hydrogen 
                        energy systems under paragraph (1); and
                            ``(ii) the cost to the agencies of a 
                        feasible alternative to leasing or purchasing 
                        fuel cell vehicles and hydrogen energy systems, 
                        as determined by the Secretary.
                    ``(B) Competitive costs and management 
                structures.--In carrying out subparagraph (A), the 
                Secretary, in consultation with the agency, may use the 
                General Services Administration or any commercial 
                vendor to ensure--
                            ``(i) a cost-effective purchase of a fuel 
                        cell vehicle or hydrogen energy system; or
                            ``(ii) a cost-effective management 
                        structure of the lease of a fuel cell vehicle 
                        or hydrogen energy system.
            ``(3) Exception.--
                    ``(A) In general.--If the Secretary determines that 
                the head of an agency described in paragraph (1) cannot 
                find an appropriately efficient and reliable fuel cell 
                vehicle or hydrogen energy system in accordance with 
                paragraph (1), that agency shall be excepted from 
                compliance with paragraph (1).
                    ``(B) Consideration.--In making a determination 
                under subparagraph (A), the Secretary shall consider--
                            ``(i) the needs of the agency; and
                            ``(ii) an evaluation performed by--
                                    ``(I) the Task Force; or
                                    ``(II) the Technical Advisory 
                                Committee.
    ``(c) Energy Savings Goals.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than December 31, 
                2006, the Secretary shall--
                            ``(i) in cooperation with the Task Force, 
                        promulgate regulations for the period of 2008 
                        through 2010 that extend and augment energy 
                        savings goals for each Federal agency, in 
                        accordance with any Executive order issued 
                        after March 2000; and
                            ``(ii) promulgate regulations to expand the 
                        minimum Federal fleet requirement and credit 
                        allowances for fuel cell vehicle systems under 
                        section 303 of the Energy Policy Act of 1992 
                        (42 U.S.C. 13212).
                    ``(B) Review, evaluation, and new regulations.--Not 
                later than December 31, 2010, the Secretary shall--
                            ``(i) review the regulations promulgated 
                        under subparagraph (A);
                            ``(ii) evaluate any progress made toward 
                        achieving energy savings by Federal agencies; 
                        and
                            ``(iii) promulgate new regulations for the 
                        period of 2011 through 2015 to achieve 
                        additional energy savings by Federal agencies 
                        relating to technical and cost-performance 
                        standards.
            ``(2) Offsetting energy savings goals.--An agency that 
        leases or purchases a fuel cell vehicle or hydrogen energy 
        system in accordance with subsection (b)(1) may use that lease 
        or purchase to count toward an energy savings goal of the 
        agency.
            ``(3) Use of energy savings performance contracts.--An 
        agency that leases or purchases a fuel cell vehicle or hydrogen 
        energy system in accordance with subsection (b)(1) may use any 
        energy savings performance contract under title VIII of the 
        National Energy Conservation Policy Act (42 U.S.C. 8287 et 
        seq.) (including a pilot program for mobility uses in an 
        expanded energy savings performance contract) to count toward 
        an energy savings goal of the agency.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            ``(1) $10,000,000 for fiscal year 2008;
            ``(2) $15,000,000 for fiscal year 2009;
            ``(3) $50,000,000 for fiscal year 2010;
            ``(4) $100,000,000 for fiscal year 2011;
            ``(5) $150,000,000 for fiscal year 2012;
            ``(6) $165,000,000 for fiscal year 2013;
            ``(7) $195,000,000 for fiscal year 2014; and
            ``(8) $200,000,000 for fiscal year 2015.

``SEC. 302. FEDERAL PROCUREMENT OF STATIONARY, PORTABLE, AND MICRO FUEL 
              CELLS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to stimulate acceptance by the market of stationary, 
        portable, and micro fuel cells; and
            ``(2) to support development of technologies relating to 
        stationary, portable, and micro fuel cells.
    ``(b) Federal Leases and Purchases.--
            ``(1) In general.--Not later than January 1, 2006, the head 
        of any Federal agency that uses electrical power from 
        stationary, portable, or microportable devices shall lease or 
        purchase a stationary, portable, or micro fuel cell to meet any 
        applicable energy savings goal described in subsection (c).
            ``(2) Costs of leases and purchases.--
                    ``(A) In general.--The Secretary, in cooperation 
                with the Task Force and the Technical Advisory 
                Committee, shall pay the cost to Federal agencies (or 
                share the cost under interagency agreements) of leasing 
                or purchasing stationary, portable, and micro fuel 
                cells under paragraph (1).
                    ``(B) Competitive costs and management 
                structures.--In carrying out subparagraph (A), the 
                Secretary, in consultation with the agency, may use the 
                General Services Administration or any commercial 
                vendor to ensure--
                            ``(i) a cost-effective purchase of a 
                        stationary, portable, or micro fuel cell; or
                            ``(ii) a cost-effective management 
                        structure of the lease of a stationary, 
                        portable, or micro fuel cell.
            ``(3) Exception.--
                    ``(A) In general.--If the Secretary determines that 
                the head of an agency described in paragraph (1) cannot 
                find an appropriately efficient and reliable 
                stationary, portable, or micro fuel cell in accordance 
                with paragraph (1), that agency shall be excepted from 
                compliance with paragraph (1).
                    ``(B) Consideration.--In making a determination 
                under subparagraph (A), the Secretary shall consider--
                            ``(i) the needs of the agency; and
                            ``(ii) an evaluation performed by--
                                    ``(I) the Task Force; or
                                    ``(II) the Technical Advisory 
                                Committee of the Task Force.
    ``(c) Energy Savings Goals.--
            ``(1) Offsetting energy savings goals.--An agency that 
        leases or purchases a stationary, portable, or micro fuel cell 
        in accordance with subsection (b)(1) may use that lease or 
        purchase to count toward an energy savings goal described in 
        section 301(c)(1) that is applicable to the agency.
            ``(2) Use of energy savings performance contracts.--An 
        agency that leases or purchases a stationary, portable, or 
        micro fuel cell in accordance with subsection (b)(1) may use 
        any energy savings performance contract under title VIII of the 
        National Energy Conservation Policy Act (42 U.S.C. 8287 et 
        seq.) (including a pilot program in an expanded energy savings 
        performance contract) to count toward an energy savings goal of 
        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;
            ``(6) $100,000,000 for fiscal year 2011;
            ``(7) $55,000,000 for fiscal year 2012;
            ``(8) $50,000,000 for fiscal year 2013;
            ``(9) $50,000,000 for fiscal year 2014; and
            ``(10) $25,000,000 for fiscal year 2015.

                   ``TITLE IV--REGULATORY MANAGEMENT

``SEC. 401. CODES AND STANDARDS.

    ``(a) In General.--The Secretary, in cooperation with the Task 
Force, shall provide grants to, or offer to enter into contracts with 
such professional organizations, public service organizations, and 
government agencies as the Secretary determines appropriate to support 
timely and extensive development of safety codes and standards relating 
to fuel cell vehicles, hydrogen energy systems, and stationary, 
portable, and micro fuel cells.
    ``(b) Educational Efforts.--The Secretary shall support educational 
efforts by organizations and agencies described in subsection (a) to 
share information, including information relating to best practices, 
among those organizations and agencies.

``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title--
            ``(1) $4,000,000 for fiscal year 2006;
            ``(2) $7,000,000 for fiscal year 2007;
            ``(3) $8,000,000 for fiscal year 2008;
            ``(4) $8,000,000 for fiscal year 2009;
            ``(5) $10,000,000 for fiscal year 2010;
            ``(6) $9,000,000 for fiscal year 2011; and
            ``(7) $9,000,000 for fiscal year 2012.

                           ``TITLE V--REPORTS

``SEC. 501. DEPLOYMENT OF HYDROGEN TECHNOLOGY.

    ``(a) Secretary.--Subject to subsection (c), not later than 2 years 
after the date of enactment of the Hydrogen and Fuel Cell Technology 
Act of 2005, and biannually thereafter, the Secretary shall submit to 
Congress--
            ``(1) a report describing--
                    ``(A) any activity carried out by the Department of 
                Energy under this Act, including a research, 
                development, demonstration, and commercial application 
                program for hydrogen and fuel cell technology;
                    ``(B) measures the Secretary has taken during the 
                preceding 2 years to support the transition of primary 
                industry (or a related industry) to a fully-
                commercialized hydrogen economy;
                    ``(C) any change made to a research, development, 
                or deployment strategy of the Secretary relating to 
                hydrogen and fuel cell technology to reflect the 
                results of a learning demonstration under title II;
                    ``(D) progress, including progress in 
                infrastructure, made toward achieving the goal of 
                producing and deploying not less than--
                            ``(i) 100,000 hydrogen-fueled vehicles in 
                        the United States by 2010; and
                            ``(ii) 2,500,000 hydrogen-fueled vehicles 
                        by 2020;
                    ``(E) progress made toward achieving the goal of 
                supplying hydrogen at a sufficient number of fueling 
                stations in the United States by 2010 can be achieved 
                by integrating--
                            ``(i) hydrogen activities; and
                            ``(ii) associated targets and timetables 
                        for the development of hydrogen technologies;
                    ``(F) any problem relating to the design, 
                execution, or funding of a program under this Act; and
                    ``(G) progress made toward and goals achieved in 
                carrying out this Act and updates to the developmental 
                roadmap, including the results of the reviews conducted 
                by the National Academy of Sciences under subsection 
                (d) for the fiscal years covered by the report; and
            ``(2) a strategic plan describing--
                    ``(A) a remedy for any problems described in 
                paragraph (1)(D); and
                    ``(B) any approach by which the Secretary could 
                achieve a substantial decrease in the dependence on and 
                consumption of natural gas and imported oil by the 
                Federal Government, including by increasing the use of 
                fuel cell vehicles, stationary and portable fuel cells, 
                and hydrogen energy systems described in title III.
    ``(b) Task Force.--Subject to subsection (c), not later than 3 
years after the date of enactment of the Hydrogen and Fuel Cell 
Technology Act of 2005, and triennially thereafter, the Task Force 
shall submit to Congress a report describing--
            ``(1) the degree of success of each program under this Act; 
        and
            ``(2) the degree to which the success of programs under 
        this Act has led to evolution of a hydrogen economy and 
        improved potential for economic growth.
    ``(c) Combination of Reports.--
            ``(1) In general.--The Secretary may decide to combine the 
        reports under subsections (a) and (b) before the reports are 
        submitted to Congress, as the Secretary determines appropriate.
            ``(2) Requirements.--If the Secretary decides to combine 
        the reports under paragraph (1), the Secretary shall--
                    ``(A) not later than 2 years after the date of 
                enactment of the Hydrogen and Fuel Cell Technology Act 
                of 2005, provide notice of the decision to the Task 
                Force; and
                    ``(B) not later than 3 years after the date of 
                enactment of the Hydrogen and Fuel Cell Technology Act 
                of 2005, and triennially thereafter, submit the 
                combined reports to Congress.
            ``(3) Task Force.--Not later than 180 days after receiving 
        notice from the Secretary under paragraph (2)(A), and 
        triennially thereafter, the Task Force shall submit to the 
        Secretary a report in accordance with subsection (b).
    ``(d) National Academy of Sciences.--
            ``(1) In general.--Not later than September 30, 2007, and 
        triennially thereafter, the National Academy of Sciences shall 
        conduct and submit to the Secretary--
                    ``(A) the results of a review of the projects and 
                activities carried out under this Act; and
                    ``(B) recommendations for any new authorities or 
                resources needed to achieve strategic goals.
            ``(2) Reauthorization.--The Secretary shall use the results 
        of reviews conducted under paragraph (1) in proposing to 
        Congress any legislative changes relating to reauthorization of 
        this Act.

``SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title 
$900,000 for each of fiscal years 2006 through 2015.

                  ``TITLE VI--TERMINATION OF AUTHORITY

``SEC. 601. TERMINATION OF AUTHORITY.

    ``This Act and the authority provided by this Act terminate on 
September 30, 2015.''.

SEC. 3. TAX INCENTIVES TO BUILD THE HYDROGEN ECONOMY.

    It is the sense of the Senate that Congress should provide any 
necessary tax incentives to encourage investment in and production and 
use of hydrogen and fuel cell systems during critical stages of market 
growth, including--
            (1) a hydrogen fuel cell motor vehicle credit;
            (2) a credit for the installation of hydrogen fuel cell 
        motor vehicle fueling stations;
            (3) a credit for residential fuel cell property; and
            (4) a credit for business installation of qualified fuel 
        cells.
                                 <all>