[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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