[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1777 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1777

   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. DEFINITIONS.

    In this Act:
            (1) The term ``Advisory Committee'' means the Hydrogen 
        Technical and Fuel Cell Advisory Committee established under 
        section 5 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. 2. PLAN.

    Not later than six months after the date of enactment of this Act, 
the Secretary shall transmit to the Congress a coordinated plan for the 
programs described in this Act and any other programs of the Department 
that are directly related to fuel cells or hydrogen. The plan shall 
describe, at a minimum--
            (1) the agenda for the next five years for the programs 
        authorized under this Act, including the agenda for each 
        activity enumerated in section 3(a);
            (2) the types of entities that will carry out the 
        activities under this Act and what role each entity is expected 
        to play;
            (3) the milestones that will be used to evaluate the 
        programs for the next five years;
            (4) the most significant technical and nontechnical hurdles 
        that stand in the way of achieving the goals described in 
        section 3(b), and how the programs will address those hurdles; 
        and
            (5) the policy assumptions that are implicit in the plan, 
        including any assumptions that would affect the sources of 
        hydrogen or the marketability of hydrogen-related products.

SEC. 3. PROGRAM.

    (a) Activities.--The Secretary, in partnership with the private 
sector, shall conduct a program to address--
            (1) production of hydrogen from diverse energy sources, 
        including--
                    (A) fossil fuels, which may include carbon capture 
                and sequestration;
                    (B) hydrogen-carrier fuels (including ethanol and 
                methanol);
                    (C) renewable energy resources; and
                    (D) nuclear energy;
            (2) the safe delivery of hydrogen or hydrogen-carrier 
        fuels, including--
                    (A) transmission by pipeline and other distribution 
                methods; and
                    (B) convenient and economic refueling of vehicles 
                either at central refueling stations or through 
                distributed on-site generation;
            (3) advanced vehicle technologies, including--
                    (A) engine and emission control systems;
                    (B) energy storage, electric propulsion, and hybrid 
                systems;
                    (C) automotive materials;
                    (D) clean fuels in addition to hydrogen; and
                    (E) other advanced vehicle technologies;
            (4) 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;
            (5) 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
            (6) development 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.
    (b) Program Goals.--
            (1) Vehicles.--For vehicles, 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 in the 
                mass consumer market; 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) safety and performance comparable to 
                        vehicle technologies in the market;
                            (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 comparable light duty 
                                vehicles in model year 2003; and
                                    (II) near zero emissions of air 
                                pollutants; and
                            (v) vehicle fuel system crash integrity and 
                        occupant protection.
            (2) Hydrogen energy and energy infrastructure.--For 
        hydrogen energy and energy infrastructure, the goals of the 
        program are to enable a commitment not later than 2015 that 
        will lead to infrastructure by 2020 that will provide--
                    (A) safe and convenient refueling;
                    (B) improved overall efficiency;
                    (C) widespread availability of hydrogen from 
                domestic energy sources through--
                            (i) production, with consideration of 
                        emissions levels;
                            (ii) delivery, including transmission by 
                        pipeline and other distribution methods for 
                        hydrogen; and
                            (iii) storage, including storage in surface 
                        transportation vehicles;
                    (D) hydrogen for fuel cells, internal combustion 
                engines, and other energy conversion devices for 
                portable, stationary, and transportation applications; 
                and
                    (E) other technologies consistent with the 
                Department's plan.
            (3) Fuel cells.--The goals for fuel cells and their 
        portable, stationary, and transportation applications are to 
        enable--
                    (A) safe, economical, and environmentally sound 
                hydrogen fuel cells;
                    (B) fuel cells for light duty and other vehicles; 
                and
                    (C) other technologies consistent with the 
                Department's plan.
    (c) Demonstration.--In carrying out the program under this section, 
the Secretary shall fund a limited number of demonstration projects. In 
selecting projects under this subsection, the Secretary shall, to the 
extent practicable and in the public interest, select projects that--
            (1) 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;
            (2) depend on reliable power from hydrogen to carry out 
        essential activities;
            (3) lead to the replication of hydrogen technologies and 
        draw such technologies into the marketplace;
            (4) integrate in a single project both mobile and 
        stationary applications of hydrogen fuel cells;
            (5) address the interdependency of demand for hydrogen fuel 
        cell applications and hydrogen fuel infrastructure; and
            (6) raise awareness of hydrogen technology among the 
        public.
    (d) Deployment.--In carrying out the program under this section, 
the Secretary shall, in partnership with the private sector, conduct 
activities to facilitate the deployment of--
            (1) hydrogen energy and energy infrastructure;
            (2) fuel cells;
            (3) advanced vehicle technologies; and
            (4) clean fuels in addition to hydrogen.
    (e) Funding.--(1) 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.
    (2) Activities under this section may be carried out by funding 
nationally recognized university-based research centers.
    (3) The Secretary shall endeavor to avoid duplication or 
displacement of other research and development programs and activities.
    (f) Cost Sharing.--
            (1) Requirement.--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 project, except 
                projects carried out under subsections (c) and (d); and
                    (B) 50 percent of the cost of a project carried out 
                under subsection (c) or (d).
            (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; or
                    (B) the project is for technical analyses or other 
                activities that the Secretary does not expect to result 
                in a marketable product.
            (3) Size of non-federal share.--The Secretary may consider 
        the size of the non-Federal share in selecting projects.

SEC. 4. 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.--
            (1) Planning.--The interagency task force shall work 
        toward--
                    (A) a safe, economical, and environmentally sound 
                fuel infrastructure for hydrogen and hydrogen-carrier 
                fuels, including an infrastructure that supports buses 
                and other fleet transportation;
                    (B) fuel cells in government and other 
                applications, including portable, stationary, and 
                transportation applications;
                    (C) distributed power generation, including the 
                generation of combined heat, power, and clean fuels 
                including hydrogen;
                    (D) uniform hydrogen codes, standards, and safety 
                protocols; and
                    (E) 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 and other clean fuel 
                vehicles; and
                    (E) conduct an education program to provide 
                hydrogen and fuel cell information to potential end-
                users.
    (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, 
the Advisory Committee, and the Department.

SEC. 5. 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 plan under section 2.
    (d) Response.--(1) The Secretary shall consider, but need not 
adopt, any recommendations of the Advisory Committee under subsection 
(c).
    (2) The Secretary shall transmit a biennial report to the Congress 
describing any recommendations made by the Advisory Committee since the 
previous report. The report shall include 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.
    (e) 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. 6. 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 2, which 
shall be completed not later than six months after the entity receives 
the plan. Not later than 45 days after receiving the review, 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) Additional 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 section 3 during the fourth year following the date 
of enactment of this Act. The entity's review shall include the 
research priorities and technical milestones, and evaluate the progress 
toward achieving them. The review shall be completed no later than five 
years after the date of enactment of this Act. Not later than 45 days 
after receiving the review, the Secretary shall transmit the 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. 7. MISCELLANEOUS PROVISIONS.

    (a) Representation.--The Secretary 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.
    (b) Regulatory Authority.--Nothing in this Act shall be construed 
to alter the regulatory authority of the Department.

SEC. 8. 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.''.
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