[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1299

  To amend the Spark M. Matsunaga Hydrogen Research, Development, and 
           Demonstration Act of 1990, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2003

 Mr. Boehlert introduced the following bill; which was referred to the 
                          Committee on Science

_______________________________________________________________________

                                 A BILL


 
  To amend the Spark M. Matsunaga Hydrogen Research, Development, and 
           Demonstration Act of 1990, 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.

    This Act may be cited as the ``Hydrogen Fuel Act of 2003'' or 
``Hydrogen Act''.

SEC. 2. AMENDMENT TO THE MATSUNAGA ACT.

    The Spark M. Matsunaga Hydrogen Research, Development, and 
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is amended by 
striking sections 102 through 109 and inserting the following:

``SEC. 102. FINDINGS, PURPOSES, AND DEFINITIONS.

    ``(a) Findings.--Congress finds that--
            ``(1) the United States is currently dependent on foreign 
        sources for a majority of its petroleum supply;
            ``(2) the Nation's dependence on foreign petroleum is 
        expected to increase in the decades ahead;
            ``(3) the national interest is to reduce dependence on 
        imported petroleum by accelerating Federal efforts to partner 
        with the private sector in developing hydrogen and fuel cell 
        technologies;
            ``(4) the national interest is to support industry's 
        efforts to develop a light duty vehicle fleet that is free or 
        near free of pollutant emissions and greenhouse gas emissions, 
        and that helps to reduce the Nation's dependence on petroleum 
        in a manner that maintains the freedom of consumers to purchase 
        the kinds of vehicles they wish to drive and the freedom to 
        refuel those vehicles safely and affordably;
            ``(5) the development of hydrogen fuel cell vehicles and 
        supporting infrastructure will accelerate the parallel 
        advancement of fuel cells for stationary power that will 
        enhance the resiliency, reliability, and environmental 
        performance of the Nation's electricity infrastructure;
            ``(6) ancillary benefits for the Nation, including the 
        acceleration of fuel cell technology for consumer electronics 
        and portable power, are likely to result from the advancement 
        of hydrogen fuel cell vehicles and supporting infrastructure; 
        and
            ``(7) vehicle technology development work should be 
        performed in a manner that is cognizant of consumer acceptance 
        and marketplace success.
    ``(b) Purpose.--The purpose of this Act is to reduce significantly 
the Nation's dependence on imported petroleum through support of the 
following Department of Energy programs and activities:
            ``(1) Research, development, demonstration, and technology 
        transfer programs for hydrogen and fuel cells, leading to--
                    ``(A) a decision by automakers no later than 2015 
                to offer affordable and technically viable hydrogen 
                fuel cell vehicles in the mass consumer market; and
                    ``(B) the mass market availability of affordable 
                and technically viable hydrogen fuel cell vehicles and 
                adequate refueling infrastructure no later than 2020.
            ``(2) An activity to establish international codes, 
        standards, and safety protocols for the use and manufacture of 
        domestic and foreign products.
            ``(3) Interagency, intergovernmental, and international 
        programs and activities for education, information exchange, 
        and cooperation.
            ``(4) A survey of private sector hydrogen energy research 
        and development activities worldwide to ensure that Federal 
        research and development activities do not--
                    ``(A) unnecessarily duplicate any available 
                research and development; or
                    ``(B) displace or compete with the privately funded 
                hydrogen energy research and development activities of 
                United States industry.
    ``(c) Definitions.--In this Act:
            ``(1) The term `Advisory Committee' means the Hydrogen 
        Technical and Fuel Cell Advisory Committee established under 
        section 108 of this Act.
            ``(2) The term `Department' means the Department of Energy.
            ``(3) The term `fuel cell' means a device that directly 
        converts the chemical energy of a fuel and an oxidant into 
        electricity by an electrochemical process taking place at 
        separate electrodes in the device.
            ``(4) The term `infrastructure' means the equipment, 
        systems, or facilities used to produce, distribute, deliver, or 
        store hydrogen and other advanced clean fuels.
            ``(5) The term `light duty vehicle' means a car or truck 
        classified by the Department of Transportation as a Class I or 
        IIA vehicle.
            ``(6) The term `Secretary' means the Secretary of Energy.

``SEC. 103. PLAN; REPORT.

    ``(a) Plan.--The Secretary, in coordination with other appropriate 
Federal agencies, may prepare a comprehensive interagency coordination 
plan for research, development, and demonstration programs and 
activities under this Act. This plan may be submitted at the time of 
the President's annual budget submission to Congress.
    ``(b) Report.--Not later than one year after the date of enactment 
of the Hydrogen Fuel Act of 2003, and biennially thereafter, the 
Secretary may transmit to Congress a report on the status of programs 
and activities under this Act. This report may be submitted at the time 
of the President's annual budget submission to Congress.  This report 
may include, in addition to any views and recommendations of the 
Secretary--
            ``(1) an assessment of the effectiveness of the programs 
        and activities under this Act and the extent to which the 
        purpose in section 102(b) has been met;
            ``(2) an analysis of the potential for interagency, 
        intergovernmental, international, or private sector 
        collaboration opportunities in research, development, 
        demonstration, and other programs and activities under this 
        Act; and
            ``(3) a discussion of how the Department has addressed 
        recommendations of the Advisory Committee.

``SEC. 104. RESEARCH AND DEVELOPMENT.

    ``(a) Program.--In partnership with the private sector, the 
Secretary shall conduct a research and development program for--
            ``(1) hydrogen infrastructure;
            ``(2) fuel cells; and
            ``(3) hydrogen codes, standards, and safety protocols.-
    ``(b) Program Goals.--The goals of the research and development 
program under this section are--
            ``(1) to enable a decision by automakers not later than 
        2015 to offer affordable and technically viable hydrogen fuel 
        cell vehicles in the mass consumer market; and
            ``(2) to enable production and delivery to consumers of 
        model year 2020 hydrogen fuel cell vehicles that will have--
                    ``(A) a range of at least three hundred miles;
                    ``(B) safety and performance comparable to vehicle 
                technologies in the market; and
                    ``(C) when compared to light duty vehicles in model 
                year 2003--
                            ``(i) a fuel economy that is two and one 
                        half times the equivalent fuel economy of 
                        comparable light duty vehicles in model year 
                        2003; and
                            ``(ii) zero or near zero emissions of 
                        pollutants; and
                    ``(D) vehicle fuel system crash integrity and 
                occupant protection.
    ``(c) Hydrogen Infrastructure.--The research and development 
program for hydrogen infrastructure may include--
            ``(1) safe and convenient refueling;
            ``(2) activities leading to widespread availability of 
        hydrogen from domestic energy sources through--
                    ``(A) production, including emphasis on cost-
                effective production from domestic energy sources;
                    ``(B) delivery, including transmission by pipeline 
                and other distribution methods for hydrogen; and
                    ``(C) storage, including storage in surface 
                transportation vehicles; and
            ``(3) hydrogen for fuel cells, and other energy conversion 
        devices for portable, stationary, and transportation 
        applications.
    ``(d) Fuel Cells.--The research and development program for fuel 
cells and their portable, stationary, and transportation applications 
may include--
            ``(1) a safe, economical, and environmentally sound 
        hydrogen fuel cell; and
            ``(2) a fuel cell for light duty vehicles and other 
        vehicles.
    ``(e) Hydrogen Codes, Standards, and Safety Protocols.--
            ``(1) In general.--The Department's research and 
        development program for hydrogen codes, standards, and safety 
        protocols includes as a goal the establishment of international 
        codes, standards, and safety protocols for the performance and 
        manufacture of domestic and foreign products, including motor 
        vehicles and equipment. The Department shall coordinate these 
        activities with other Federal agencies.
            ``(2) Representation.--The Department may represent the 
        United States interests with respect to activities and programs 
        under this Act, in coordination with the Department of 
        Transportation, before governments and nongovernmental 
        organizations including--
                    ``(A) other Federal, State, regional, and local 
                governments and their representatives;
                    ``(B) industry and its representatives, including 
                members of the energy and transportation industries; 
                and
                    ``(C) in consultation with the Department of State, 
                foreign governments and their representatives including 
                international organizations.
    ``(f) Federal Funding.--
            ``(1) Procedures.--The Secretary shall carry out the 
        research and development programs and activities under this Act 
        using a competitive, merit-review process and consistent with 
        the generally applicable Federal laws and regulations governing 
        awards of financial assistance, contracts, or other agreements.
            ``(2) Duplication.--The Department shall--
                    ``(A) survey private sector hydrogen energy 
                research and development activities worldwide; and
                    ``(B) endeavor to avoid duplication or displacement 
                of other research and development programs and 
                activities.
    ``(g) Cost Sharing.--
            ``(1) In general.--The Secretary shall require a commitment 
        from non-Federal sources of at least 20 percent of the cost of 
        proposed research and development.
            ``(2) Ranking factor.--The Department shall make the 
        percentage of cost-sharing a ranking factor in making 
        competitive awards.
            ``(3) Reduction.--The Secretary may reduce the cost sharing 
        requirement under paragraph (1)--
                    ``(A) if the Secretary determines that the research 
                and development is of a basic or fundamental nature; or
                    ``(B) for technical analyses, outreach programs, or 
                other activities including educational programs under 
                section 107 that the Secretary does not expect to 
                result in a marketable product.

``SEC. 105. DEMONSTRATIONS.

    ``(a) Demonstration Program.--The purpose of demonstrations is to 
evaluate commercial applicability of technologies or to identify 
additional research or development needs that cannot be identified 
through other means. In partnership with the private sector, and in 
coordination with the Department of Transportation, the Secretary may 
conduct a demonstration program for--
            ``(1) hydrogen infrastructure;
            ``(2) fuel cells and fuel cell technologies including 
        hydrogen-powered fuel cell vehicles; and
            ``(3) hydrogen codes, standards, and safety protocols.
    ``(b) Federal Funding.--The Secretary shall carry out 
demonstrations under this section using a competitive, merit-review 
process and consistent with the generally applicable Federal laws and 
regulations governing awards of financial assistance, contracts, or 
other agreements. The Department shall endeavor to avoid duplication or 
displacement of other demonstrations.
    ``(c) Cost Sharing.--
            ``(1) In general.--The Secretary shall require a commitment 
        from non-Federal sources of at least 50 percent of the costs 
        directly relating to a demonstration under this Act.
            ``(2) Ranking factor.--The Secretary shall make the 
        percentage of cost-sharing a ranking factor in making 
        competitive awards.
            ``(3) Reduction.--The Secretary may reduce the non-Federal 
        cost sharing requirement under paragraph (1) if the Secretary 
        determines that the reduction is appropriate considering the 
        technological risks involved.
            ``(4) Cooperative agreements with governments.--The 
        Secretary may enter into cost-sharing agreements with Federal, 
        State, or local governments to demonstrate applications using 
        hydrogen and fuel cells.

``SEC. 106. TECHNOLOGY ASSESSMENT AND TRANSFER.

    ``(a) Program.--The Secretary may conduct a program to transfer 
technology to the private sector under this Act. The purpose of the 
technology transfer program is to foster the exchange of generic, 
nonproprietary information and technology, developed under this Act, 
among industry, academia, and the Federal Government, to help the 
United States economy attain the economic benefits of this information 
and technology, among other purposes.
    ``(b) Advice and Assistance.--The Secretary shall direct the 
program authorized by this section with the advice and assistance of 
the Advisory Committee.

``SEC. 107. INTERAGENCY TASK FORCE.

    ``(a) Establishment.--Not later than 120 days after the date of 
enactment of the Hydrogen Fuel Act of 2003, the President shall 
establish an interagency task force, chaired by the Director of the 
Office of Science and Technology Policy or his designee, with 
representatives from each of the following:
            ``(1) The Department of Energy.
            ``(2) The Department of Transportation.
            ``(3) The Department of State.
            ``(4) The Department of Defense.
            ``(5) The Department of Commerce (including the National 
        Institute of Standards and Technology).
            ``(6) The Environmental Protection Agency.
            ``(7) The National Aeronautics and Space Administration.
            ``(8) Other Federal agencies as the Director determines 
        appropriate.
    ``(b) Duties of the Interagency Task Force.--
            ``(1) Planning.--The interagency task force shall 
        coordinate the implementation of the interagency coordination 
        plan prepared under section 103(a), and shall work toward 
        development of--
                    ``(A) a safe, economical, and environmentally sound 
                hydrogen infrastructure;
                    ``(B) uniform hydrogen codes, standards, and safety 
                protocols;
                    ``(C) fuel cells in government applications, 
                including portable, stationary, and transportation 
                applications; and
                    ``(D) vehicle hydrogen fuel system integrity safety 
                performance.
            ``(2) Information exchange.--(A) The interagency task force 
        shall coordinate interagency programs and activities including 
        the exchange of information.
            ``(B) The heads of all agencies, including those whose 
        agencies are not represented on the interagency task force, 
        shall cooperate with and furnish information to the interagency 
        task force and the Department.
            ``(C) The information exchange may consist of workshops, 
        publications, conferences, and a database for use by the public 
        and private sectors. The interagency task force shall--
                    ``(i) foster the exchange of generic, 
                nonproprietary information and technology among 
                industry, academia, and government;
                    ``(ii) update the 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, 
                distribution, delivery, storage, and use of hydrogen;
                    ``(iii) integrate technical and other information 
                made available as a result of the programs and 
                activities under this Act;
                    ``(iv) promote the marketplace introduction of 
                infrastructure for hydrogen-powered fuel cell vehicles; 
                and
                    ``(v) conduct an education program to provide 
                hydrogen and fuel cell information to potential end-
                users.

``SEC. 108. ADVISORY COMMITTEE.

    ``(a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory 
Committee shall be established to advise the Secretary on the programs 
and activities under this Act.
    ``(b) Membership.--
            ``(1) Members.--The Advisory Committee is comprised of not 
        fewer than 12 nor more than 25 members. The Secretary shall 
        appoint members to represent domestic industry, academia, 
        professional societies, government agencies, and financial, 
        environmental, and other appropriate organizations based on the 
        Secretary's assessment of the technical and other 
        qualifications of committee members and the needs of the 
        Advisory Committee.
            ``(2) Terms.--The term of a member of the Advisory 
        Committee shall be not more than three 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 intervals so as to ensure continuity in the 
        functioning of the Advisory Committee. A member of the Advisory 
        Committee whose term is expiring may be reappointed.
            ``(3) Chairperson.--The Chair of the Advisory Committee 
        shall be a member of the Advisory Committee, elected by the 
        members from among their number.
    ``(c) Review.--The Advisory Committee shall review and make 
recommendations to the Secretary in a biennial report on--
            ``(1) the implementation of programs and activities under 
        this Act;
            ``(2) the safety, economical, environmental, and other 
        consequences of technologies for the production, distribution, 
        delivery, storage, or use of hydrogen and fuel cells; and
            ``(3) the interagency coordination plan prepared under 
        section 103(a).
    ``(d) Response to Recommendations.--The Secretary shall consider, 
but need not adopt, any recommendations of the Advisory Committee under 
subsection (c). The Secretary shall either describe the implementation 
of each recommendation made, or provide an explanation of the reasons 
that a recommendation will not be implemented, in the report 
transmitted under section 103(b).
    ``(e) Advisory Committee Support.--The Secretary shall provide 
resources necessary in the judgment of the Secretary for the Advisory 
Committee to carry out its responsibilities under this Act.

``SEC. 109. NATIONAL ACADEMY OF SCIENCES REVIEW.

    ``Beginning two years after the date of enactment of the Hydrogen 
Fuel Act of 2003, and every four years thereafter, the National Academy 
of Sciences shall review the progress made through the programs and 
activities authorized under this Act and shall report to the Congress 
on the results of this review.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO THE HYDROGEN FUTURE ACT 
              OF 1996.

    The Hydrogen Future Act of 1996 is repealed.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the purposes 
of this Act for fiscal years 2003 through 2008, $1,223,000,000.
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