[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1774 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1774
To provide for the establishment at the Department of Energy of a
program for hydrogen fuel cell vehicles and infrastructure, 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, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the establishment at the Department of Energy of a
program for hydrogen fuel cell vehicles and infrastructure, 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 ``FreedomCAR and Hydrogen Fuel Act of
2003'' or ``Freedom Act''.
SEC. 2. FINDINGS, PURPOSE, 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 by deploying hydrogen fuel cell
vehicles and the refueling infrastructure to support those
vehicles;
(4) it is in the national interest to develop a light duty
vehicle fleet that substantially reduces dependence on foreign
petroleum, assists the Nation in meeting its requirements under
the Clean Air Act and reduces greenhouse gas emissions 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, affordably, and conveniently;
(5) hydrogen fuel cell vehicles and supporting
infrastructure have the potential to 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;
(7) there is a need for deployment of bridging technologies
including gasoline electric and diesel electric hybrid drive
systems, advanced combustion engines including clean diesel,
electric battery, and power electronics, and alternative fuels
and other technology that can contribute to reducing petroleum
demand and decreasing air emissions;
(8) low-cost hydrogen production, storage, and delivery
facilities are essential to the success of the FreedomCAR
Vehicle Programs; and
(9) work should be performed in a manner that is cognizant
of consumer acceptance, passenger safety, and marketplace
success.
(b) Purpose.--The purpose of this Act is to reduce significantly
the Nation's dependence on imported petroleum, enhance the production
and conservation of energy, and reduce air emissions through support of
the following Department of Energy actions:
(1) Programs and activities leading to--
(A) a commitment by automakers and hydrogen energy
and energy infrastructure providers no later than year
2015 to offer safe, affordable, and technically viable
hydrogen fuel cell vehicles and refueling
infrastructure in the mass consumer market; and
(B) a commitment by the automakers and hydrogen
energy and energy infrastructure providers to the
deployment of hydrogen fuel cell vehicles and
affordable and convenient refueling infrastructure no
later than year 2020.
(2) A program 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.
(c) Definitions.--In this Act:
(1) The term ``Advisory Committee'' means the Hydrogen
Technical and Fuel Cell Advisory Committee established under
section 5028 of this Act.
(2) The term ``Department'' means the Department of Energy.
(3) The term ``FreedomCAR'' is the acronym for a Department
initiative in automotive research and development entitled
``Freedom Cooperative Automotive Research''.
(4) 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.
(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. 3. PLAN; REPORT.
(a) Plan.--The Secretary, in consultation with other appropriate
Federal agencies, shall prepare a comprehensive interagency
coordination plan for activities under this Act. This plan may be
provided as part of the President's annual budget submission to
Congress.
(b) Report.--Not later than one year after the date of enactment of
this Act, and biennially thereafter, the Secretary shall transmit to
the Congress a report on the status of programs and activities under
this Act. This report may be provided as part 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 purposes
in section 2(b) have been met; and
(2) the potential for interagency, intergovernmental,
international, or private sector collaboration opportunities
and activities under this Act.-
SEC. 4. PUBLIC-PRIVATE PARTNERSHIP.
(a) Program.--In partnership with the private sector, the Secretary
shall conduct a program designed to facilitate the production and
conservation of energy and the deployment of energy infrastructure,
including all of the following:
(1) Hydrogen energy.
(2) Fuel cells.
(3) Advanced vehicle technologies.
(4) Clean fuels in addition to hydrogen.
(5) Codes, standards, and safety protocols.-
(b) Program Goals.--
(1) Automakers.--For automakers the goals of the program
are--
(A) to enable a commitment by automakers no later
than year 2015 to offer safe, affordable, and
technically viable hydrogen fuel cell vehicles into
commerce; and
(B) to enable production, delivery, and acceptance
by consumers of model year 2020 hydrogen fuel cell and
other vehicles that will have--
(i) a range of at least three hundred
miles;
(ii) improved performance and ease of
driving;
(iii) met all light duty safety regulations
created under section 30111 of title 49, United
States Code; and
(iv) 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 these vehicles as regulated
under the Motor Vehicle Information and
Cost Savings Act, or about 70 miles per
gallon, and
(II) near zero emissions of air
pollutants regulated under the Clean
Air Act.
(2) Hydrogen energy and energy infrastructure.--For
hydrogen energy and energy infrastructure the goals of the
program include, but are not limited to, a commitment not later
than 2015 that will enable the deployment by 2020 of
infrastructure to provide--
(A) safe and convenient refueling;
(B) activities leading to widespread availability
of hydrogen from domestic energy sources through--
(i) production, including consideration of
cost-effective production from domestic energy
sources;
(ii) delivery, including transmission by
pipeline and other distribution methods for
hydrogen; and
(iii) storage, including storage in surface
transportation vehicles;
(C) hydrogen for fuel cells, internal combustion
engines, and other energy conversion devices for
portable, stationary, and transportation applications;
and
(D) other technologies consistent with the
Department's plan.
(3) Fuel cells.--The program for fuel cells and their
portable, stationary, and transportation applications may
include, but is not limited to--
(A) a safe, economical, and environmentally sound
hydrogen fuel cell;
(B) a fuel cell for light duty and other vehicles;
and
(C) other technologies consistent with the
Department's plan.
(4) Advanced vehicle technologies.--The program for
advanced vehicle technologies may include, but is not limited
to--
(A) advanced combustion;
(B) materials;
(C) energy storage;
(D) control systems; and
(E) other technologies consistent with the
Department's plan.
(5) Codes, standards, and safety protocols.--(A) The
Department's program for codes, standards, and safety protocols
shall strive towards establishment of international codes,
standards, and safety protocols for the use and manufacture of
domestic and foreign products.
(B) The Secretary may represent the United States interests
with respect to activities and programs under this subsection,
collaborating with the Secretary of Transportation, and in
consultation with other appropriate governments and
nongovernmental organizations including the following:
(i) Other Federal, State, regional, and local
governments and their representatives.
(ii) Industry and its representatives, including
members of the energy and transportation industries.
(iii) Foreign governments and their representatives
including international organizations.
(c) Federal Funding.--(1) The Secretary shall carry out the
programs and activities under this section consistent with the
generally applicable Federal laws and regulations governing awards of
financial assistance, contracts, or other agreements, and may include
funding to nationally recognized university-based research centers.
(2) The Secretary shall endeavor to avoid duplication or
displacement of other research and development programs and activities.
(d) Cost Sharing.--(1) The Secretary shall require a commitment
from non-Federal sources of at least 20 percent of the cost of proposed
programs under this section.
(2) The Secretary may reduce or eliminate the cost sharing
requirement under paragraph (1)--
(A) if the Secretary determines that the activity is of a
basic or fundamental nature which is vital to the success of
the program and unlikely to occur in a timely manner without
reduction or elimination of the cost-sharing requirement; or
(B) for technical analyses, outreach programs, and other
activities including educational programs under section 7 of
this Act that the Secretary does not expect to result in a
marketable product.
SEC. 5. DEPLOYMENT.
(a) Deployment Program.--In partnership with the private sector,
the Secretary shall conduct a program to facilitate the deployment of--
(1) hydrogen energy and energy infrastructure;
(2) fuel cells;
(3) advanced vehicle technologies;
(4) clean fuels in addition to hydrogen; and
(5) codes, standards, and safety protocols.-
(b) Program Goals.--(1) For automakers, the goals of the program
are--
(A) to enable a decision by automakers no later than year
2015 to offer safe, affordable, and technically viable hydrogen
fuel cell vehicles into commerce; and
(B) to enable production and delivery to, and acceptance
by, consumers of model year 2020 hydrogen fuel cell and other
vehicles that will have--
(i) a range of at least 300 miles;
(ii) improved performance and ease of driving;
(iii) met all light duty safety regulations created
under section 30111 of title 49, United States Code;
and
(iv) 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 these
vehicles under the Motor Vehicle Information
and Cost Savings Act, or about 70 miles per
gallon; and
(II) near zero emissions of air pollutants
regulated under the Clean Air Act.
(2) For hydrogen energy and energy infrastructure the goals of the
program include, but are not limited to, a commitment not later than
2015 that will enable the deployment by 2020 of infrastructure to
provide--
(A) safe, convenient, and affordable refueling;
(B) widespread availability of hydrogen from domestic
energy sources through--
(i) production, including consideration of cost-
effective production from domestic energy sources;
(ii) delivery, including transmission by pipeline
and other distribution methods, for hydrogen in its
gaseous, liquid, and solid states; and
(iii) storage, including storage in surface
transportation vehicles;
(C) hydrogen for fuel cells, internal combustion engines,
and other energy conversion devices for portable, stationary,
and transportation applications; and
(D) other technologies consistent with the Department's
plan.
(c) Fuel Cells.--The program for fuel cells and their portable,
stationary, and transportation applications may include but is not
limited to--
(1) a safe, economical, and environmentally sound hydrogen
fuel cell;
(2) a fuel cell for light duty and other vehicles; and
(3) other technologies consistent with the Department's
plan.
(d) Advanced Vehicle Technologies.--The program for advanced
vehicle technologies may include, but is not limited to--
(1) advanced combustion;
(2) materials;
(3) energy storage;
(4) control systems; and
(5) other technologies consistent with the Department's
plan.
(e) Federal Funding.--The Secretary shall carry out the program and
activities under this section consistent with laws and regulations
governing awards of financial assistance, contracts or other
agreements, and may include funding to nationally recognized
university-based research centers. The Secretary shall endeavor to
avoid duplication or displacement of other programs.
(f) 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 section.
(2) Reduction.--The Secretary may reduce the non-Federal
requirement under paragraph (1) if the Secretary determines
that--
(A) the reduction is appropriate considering the
technological risks involved; and
(B) the terms and conditions are consistent with
the Agreement on Subsidies and Countervailing Measures.
(3) Cooperative agreements with governments.--The Secretary
may enter into cooperative and cost sharing agreements with
Federal, State, or local governments to deploy vehicles,
vehicle systems, and refueling infrastructure using hydrogen,
fuel cells, or other advanced technologies in government
facilities or fleet transportation systems.
SEC. 6. ASSESSMENT AND TRANSFER.
(a) Program.--The Secretary may conduct a program to transfer
technology to the private sector under this Act.
(b) Disclosure.--The Secretary may protect from disclosure, for up
to 5 years after the information was developed, any information
developed pursuant to a cost shared transaction, or subagreement
thereunder, entered into under this Act to advance the goals of the
programs, which developed information is of a character that it would
be protected from disclosure under section 552(b)(4) of title 5, United
States Code, if this developed information had been obtained from a
person other than a Federal agency.
SEC. 7. INTERAGENCY TASK FORCE.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the President shall establish an interagency
task force chaired by the Secretary or his designee with
representatives from each of the following:
(1) The Office of Science and Technology Policy within the
Executive Office of the President.
(2) The Department of Transportation.
(3) The Department of Defense.
(4) The Department of Commerce (including the National
Institute of Standards and Technology).
(5) The Environmental Protection Agency.
(6) The National Aeronautics and Space Administration.
(7) Other Federal agencies as the Secretary determines
appropriate.
(b) Duties of the Interagency Task Force.--
(1) Planning.--The task force shall coordinate the
implementation of the interagency plan in section 3(a), and
work towards deployment of--
(A) a safe, economical, and environmentally sound
fuel infrastructure, including an infrastructure that
supports buses and other fleet transportation;
(B) fuel cells in government and other
applications, including portable, stationary, and
transportation applications; and
(C) distributed power generation, including the
generation of combined heat, power, and clean fuels
including hydrogen.
(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, the Advisory Committee, 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 is expected
to--
(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 their commercial capability for the economic
and environmentally safe production, distribution,
delivery, storage, and use of clean fuels including
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 and other clean fuel
vehicles; and
(v) conduct an education program to provide
FreedomCAR and hydrogen fuel information to potential
end-users.
SEC. 8. ADVISORY COMMITTEE.
(a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory
Committee is established to advise the Secretary on the programs and
activities under this Act.
(b) Membership.--
(1) Members.--The Advisory Committee is comprised of not
fewer than 12 nor more than 25 members. These members shall be
appointed by the Secretary to represent domestic industry,
academia, professional societies, government agencies, and
financial, environmental, and other appropriate organizations
based on the Department'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 not be more than 3 years. The Secretary may appoint
members of the Advisory Committee in a manner that allows the
terms of the members serving at any time to expire at spaced
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 Advisory Committee shall have a
chairperson, who is elected by the members from among their
number.
(c) Review.--The Advisory Committee shall review and make
recommendations to the Secretary on--
(1) the implementation of programs and activities under
this Act;
(2) the safety, economical, and environmental consequences
of technologies for the production, distribution, delivery,
storage, or use of hydrogen energy and fuel cells; and
(3) the interagency coordination plan under section 3(a) of
this Act.
(d) Response to Recommendations.--The Secretary shall consider, but
need not adopt, any recommendations of the Advisory Committee under
subsection (c).
(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. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the purposes
of this Act including programs for light duty vehicles, 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.
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