[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1773 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1773

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 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 ``George E. Brown, Jr. and Robert S. 
Walker Hydrogen Future Act of 2003''.

SEC. 2. MATSUNAGA ACT AMENDMENT.

    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 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) it is in the national interest to reduce dependence 
        on imported petroleum by accelerating Federal efforts to 
        partner with the private sector in developing hydrogen and fuel 
        cell technologies;
            ``(4) it is in the national interest 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 benefit from and 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) fuel cell technology for consumer electronics and 
        portable power will benefit from, and advance the development 
        of, hydrogen fuel cell vehicles and supporting infrastructure;
            ``(7) there is a need for deployment of bridging 
        technologies that can contribute to reducing petroleum demand 
        and decreasing air emissions, including--
                    ``(A) gasoline-electric and diesel-electric hybrid 
                drive systems;
                    ``(B) advanced combustion engines (including clean 
                diesel), electric battery, and power electronics; and
                    ``(C) alternative fuels and other technologies;
            ``(8) low-cost hydrogen production, storage, and delivery 
        facilities are essential to the success of the FreedomCAR 
        program; and
            ``(9) vehicle technology development work should be 
        performed in a manner that is cognizant of consumer acceptance 
        and marketplace success.
    ``(b) 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 `FreedomCAR' is the acronym for a Department 
        initiative in automotive research and development entitled 
        `Freedom Cooperative Automotive Research'.
            ``(5) The term `infrastructure' means the equipment, 
        systems, or facilities used to produce, distribute, deliver, or 
        store hydrogen and other advanced clean fuels.
            ``(6) The term `light duty vehicle' means a car or truck 
        classified by the Department of Transportation as a Class I or 
        IIA vehicle.
            ``(7) The term `Secretary' means the Secretary of Energy.

``SEC. 103. PROGRAM.

    ``(a) In General.--The Secretary shall conduct a research, 
development, demonstration, and commercial application program designed 
to accelerate the use of hydrogen and related technologies in 
stationary and transportation applications. The goals of the program 
shall include--
            ``(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;
            ``(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; and
            ``(3) to enable by 2020 the safe and convenient commercial 
        production and delivery of hydrogen that will have--
                    ``(A) the capacity to meet the demand for 
                stationary and mobile hydrogen fuel cells;
                    ``(B) safety and performance characteristics 
                comparable to other fuels; and
                    ``(C) improved overall efficiency and zero or near 
                zero emissions when compared to fuels used in 2003.
    ``(b) Activities.--The program authorized under this section shall 
address--
            ``(1) production of hydrogen from diverse energy sources, 
        including--
                    ``(A) fossil fuels, in conjunction with carbon 
                capture and sequestration;
                    ``(B) hydrogen-carrier fuels (including ethanol and 
                methanol);
                    ``(C) renewable energy resources; and
                    ``(D) nuclear energy;
            ``(2) delivery of hydrogen or hydrogen-carrier fuels, 
        including--
                    ``(A) transmission by pipeline and other 
                distribution methods; and
                    ``(B) safe, convenient, and economic refueling of 
                vehicles either at central refueling stations or 
                through distributed on-site generation;
            ``(3) 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;
            ``(4) development of safe, durable, affordable, and 
        efficient fuel cells, including research and development on 
        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; and
            ``(5) development, in conjunction with the National 
        Institute of Standards and Technology, of necessary codes and 
        standards (including international codes and standards) and 
        safety practices for the production, distribution, storage, and 
        use of hydrogen, hydrogen-carrier fuels and related products.
    ``(c) Demonstration.--In carrying out the demonstration program 
under this section, the Secretary shall fund a limited number of 
projects and shall, to the extent practicable--
            ``(1) select only projects that--
                    ``(A) involve using hydrogen and related products 
                at facilities or installations that would exist without 
                the demonstration program, such as existing office 
                buildings, military bases, vehicle fleet centers, 
                transit bus authorities, or parks; and
                    ``(B) depend on reliable power from hydrogen to 
                carry out essential activities; and
            ``(2) favor projects that--
                    ``(A) lead to the replication of hydrogen 
                technologies and draw such technologies into the 
                marketplace;
                    ``(B) integrate in a single project both mobile and 
                stationary applications of hydrogen fuel cells;
                    ``(C) address the interdependency of demand for 
                hydrogen fuel cell applications and hydrogen fuel 
                infrastructure; or
                    ``(D) raise awareness of hydrogen technology among 
                the public.
    ``(d) Merit Review.--The Secretary shall carry out the program 
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.
    ``(e) Cost Sharing.--(1) For projects carried out through grants, 
cooperative agreements, or contracts under this section, the Secretary 
shall require a commitment from non-Federal sources of at least--
            ``(A) 20 percent of the cost of a research and development 
        project; and
            ``(B) 50 percent of the cost of a demonstration project.
    ``(2) The Secretary may reduce the cost-sharing requirement under 
paragraph (1)--
            ``(A) if the Secretary determines that the project involves 
        research of a basic or fundamental nature;
            ``(B) if the Secretary determines that a demonstration or 
        commercial application project involves unusual technological 
        risks; or
            ``(C) for technical analyses or other activities that the 
        Secretary does not expect to result in a marketable product.
    ``(3) The Secretary may consider the size of the non-Federal share 
in selecting projects.

``SEC. 104. FREEDOM CAR.

    ``(a) In General.--In coordination with the program under section 
103, the Secretary shall carry out a research, development, 
demonstration, and commercial application program on advanced vehicle 
technologies, to be known as the FreedomCAR program.
    ``(b) Activities.--The FreedomCAR program shall address--
            ``(1) engine and emission control systems;
            ``(2) energy storage, electric propulsion, and hybrid 
        systems;
            ``(3) automotive materials;
            ``(4) clean fuels in addition to hydrogen; and
            ``(5) other advanced vehicle technologies.
    ``(c) Demonstration.--Demonstrations involving hydrogen shall be 
conducted as part of the program under section 103.
    ``(d) Merit Review and Cost Sharing.--The Secretary shall carry out 
the FreedomCAR program in compliance with sections 103(d) and (e).

``SEC. 105. PLAN.

    ``Not later than six months after the date of enactment of the 
George E. Brown, Jr. and Robert S. Walker Hydrogen Future Act of 2003, 
the Secretary shall transmit to the Congress a coordinated plan for the 
programs described in sections 103 and 104 and any other programs of 
the Department that are directly related to fuel cells or hydrogen. The 
plan shall be consistent with the National Hydrogen Energy Roadmap 
published by the Department in October of 2002 and shall describe, at a 
minimum--
            ``(1) the agenda for the programs for the next five years, 
        including what research, development, demonstration, and 
        commercial application will be conducted to carry out each 
        activity enumerated in sections 103(b) and 104(b);
            ``(2) the role national laboratories, institutions of 
        higher education, small businesses, and other private sector 
        firms are expected to play in the programs;
            ``(3) the technical milestones that will be used to 
        evaluate the programs for the next five years;
            ``(4) the most significant technical hurdles that stand in 
        the way of achieving the goals described in section 103(a), and 
        how the programs will address those hurdles; and
            ``(5) the policy assumptions that are driving the research 
        agenda, including any assumptions that would affect the sources 
        of hydrogen or the marketability of hydrogen-related products.

``SEC. 106. EDUCATION, OUTREACH, AND TECHNOLOGY TRANSFER.

    ``(a) In General.--The Secretary may carry out programs and 
activities for interagency, intergovernmental, and international 
education, information exchange, and cooperation related to hydrogen 
and hydrogen-related products.
    ``(b) Technology Transfer.--(1) 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.
    ``(2) The Secretary shall direct the program authorized by this 
subsection 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 George E. Brown, Jr. and Robert S. Walker Hydrogen 
Future 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.--
            ``(1) Implementation.--The interagency task force 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) 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, 
                nonproprietary information and technology among 
                industry, academia, and government;
                    ``(B) develop and maintain an inventory and 
                assessment of hydrogen, fuel cells, and other advanced 
                technologies, including the commercial capability of 
                each technology for the economic and environmentally 
                safe production, distribution, delivery, storage, and 
                use of hydrogen;
                    ``(C) integrate technical and other information 
                made available as a result of the programs and 
                activities under this Act;
                    ``(D) promote the marketplace introduction of 
                infrastructure for hydrogen-powered fuel cell vehicles; 
                and
                    ``(E) conduct an education program to provide 
                hydrogen and fuel cell information to potential end-
                users in coordination with the program under section 
                106.
    ``(c) Agency Cooperation.--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.

``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 Secretary shall appoint 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.--(1) The Advisory Committee shall review and make 
recommendations to the Secretary in a biennial report on--
            ``(A) the implementation of programs and activities under 
        this Act; and
            ``(B) the safety, economical, environmental, and other 
        consequences of technologies for the production, distribution, 
        delivery, storage, or use of hydrogen and fuel cells.
    ``(2) The Secretary shall transmit the report under this subsection 
to the Congress along with a description of how the Secretary has 
implemented or plans to implement the recommendations, or an 
explanation of the reasons that a recommendation will not be 
implemented. The report shall be transmitted along with the President's 
budget proposal.
    ``(d) 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. EXTERNAL REVIEW.

    ``(a) Plan.--The Secretary shall enter into an arrangement with a 
competitively selected nongovernmental entity, such as the National 
Academy of Sciences, to review the plan prepared under section 105. The 
Secretary shall transmit the review to the Congress along with a plan 
to implement the review's recommendations or an explanation of the 
reasons that a recommendation will not be implemented.
    ``(b) Biennial Review.--The Secretary shall enter into an 
arrangement with a competitively selected nongovernmental entity, such 
as the National Academy of Sciences, under which the entity will review 
the program under sections 103 and 104 every other year, beginning two 
years after the date of enactment of the George E. Brown, Jr. and 
Robert S. Walker Hydrogen Future Act of 2003. The entity shall review 
the research priorities, technical milestones, and plans for technology 
transfer and evaluate the progress toward achieving them. The Secretary 
shall transmit each review to the Congress along with a plan to 
implement the review's recommendations or an explanation for the 
reasons that a recommendation will not be implemented.

``SEC. 110. MISCELLANEOUS PROVISIONS.

    ``(a) Duplication.--The Secretary shall carry out the activities of 
this Act in a manner that avoids unnecessary duplication or 
displacement of, or competition with private sector activities.
    ``(b) Other Governments.--In carrying out this Act, the Secretary 
may enter into cost-sharing agreements with Federal, State, or local 
governments to demonstrate applications using hydrogen and fuel cells.
    ``(c) 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, the 
National Institute of Standards and Technology, and other relevant 
Federal agencies, before governments and nongovernmental organizations 
including--
            ``(1) other Federal, State, regional, and local governments 
        and their representatives;
            ``(2) industry and its representatives, including members 
        of the energy and transportation industries; and
            ``(3) in consultation with the Department of State, foreign 
        governments and their representatives including international 
        organizations.
    ``(d) Regulatory Authority.--Nothing in this Act shall be construed 
to alter the regulatory authority of the Department.

``SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this Act, in 
addition to any amounts made available for these purposes under other 
Acts--
            ``(1) $273,500,000 for fiscal year 2004;
            ``(2) $325,000,000 for fiscal year 2005;
            ``(3) $375,000,000 for fiscal year 2006;
            ``(4) $400,000,000 for fiscal year 2007; and
            ``(5) $425,000,000 for fiscal year 2008.''.

SEC. 3. REPEAL OF HYDROGEN FUTURE ACT OF 1996.

    The Hydrogen Future Act of 1996 is repealed.
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