[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 739

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2003

Mr. Akaka (for himself, Mr. Domenici, Mr. Lieberman, Mr. Kyl, Mr. Reid, 
Mr. Bayh, Mr. Inouye, and Mr. Bingaman) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To reauthorize and 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. FINDING; PURPOSES; DEFINITIONS.

    ``(a) Finding.--Congress finds that it is in the national interest 
to accelerate efforts to develop a domestic capability to economically 
produce hydrogen in quantities that will make a significant 
contribution toward reducing the dependence of the United States on 
conventional fuels.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to promote a research, development, and demonstration 
        program leading to the economical and environmentally sound 
        production, storage, transport, and use of hydrogen as an 
        energy source for industrial, commercial, residential, 
        transportation, and utility applications; and
            ``(2) to promote and coordinate activities in technology 
        transfer, education, and other information transfer among--
                    ``(A) Federal, State, and local agencies;
                    ``(B) members of the energy, transportation, and 
                other industries;
                    ``(C) foreign nations; and
                    ``(D) other entities.
    ``(c) Definitions.--In this Act:
            ``(1) Advisory committee.--The term `advisory committee' 
        means the advisory committee established by section 108(a).
            ``(2) Critical technical issue.--The term `critical 
        technical issue' means an issue that, in the opinion of the 
        Secretary, requires understanding and development in order to 
        take the next step in the development of hydrogen as an 
        economic fuel or storage medium.
            ``(3) Critical technology.--The term `critical technology' 
        means a technology that, in the opinion of the Secretary, 
        requires understanding and development in order to take the 
        next step in the development of hydrogen as an economic fuel or 
        storage medium.
            ``(4) Department.--The term `Department' means the 
        Department of Energy.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Energy.

``SEC. 103. PLAN; REPORT.

    ``(a) Coordination Plan.--
            ``(1) In general.--The Secretary, in consultation with 
        other Federal agencies, shall prepare a comprehensive 
        coordination plan for activities under this Act and under title 
        II of the Hydrogen Future Act of 1996.
            ``(2) Plan under other law.--In preparing the plan under 
        paragraph (1), the Secretary shall take into account any plan 
        under section 202(b) of the Hydrogen Future Act of 1996.
    ``(b) Report.--
            ``(1) Requirement.--Not later than 1 year after the date of 
        enactment of the George E. Brown, Jr. and Robert S. Walker 
        Hydrogen Future Act of 2003, and biennially thereafter, the 
        Secretary shall submit to Congress a detailed report, based on 
        the plan prepared under subsection (a), on the status and 
        progress of the programs authorized under this Act.
            ``(2) Contents.--A report under paragraph (1) shall 
        include, in addition to any views and recommendations of the 
        Secretary--
                    ``(A) an assessment of the effectiveness of the 
                programs authorized under this Act and of the extent to 
                which the programs are meeting the purposes specified 
                in section 102(b);
                    ``(B) recommendations of the advisory committee for 
                any improvements in the program that are needed, 
                including recommendations for additional legislation; 
                and
                    ``(C) to the extent practicable, an analysis of 
                Federal, State, local, and private sector hydrogen-
                related research, development, and demonstration 
                activities to identify productive areas for increased 
                intergovernmental and private-public sector 
                collaboration.

``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.

    ``(a) Program.--The Secretary shall conduct a research and 
development program relating to the production, storage, 
transportation, and use of hydrogen as an energy source, with the goal 
of enabling the private sector to demonstrate the technical feasibility 
of using hydrogen for industrial, commercial, residential, 
transportation, and utility applications.
    ``(b) Elements.--In conducting the program under subsection (a), 
the Secretary shall--
            ``(1) initiate or accelerate research and development in 
        critical technical issues that will contribute to the 
        development of more economical and environmentally sound 
        hydrogen energy systems, including critical technical issues 
        relating to--
                    ``(A) production, with consideration of cost-
                effective production from renewable energy sources;
                    ``(B) liquefaction, transmission, and distribution;
                    ``(C) storage, including storage of hydrogen in 
                surface transportation; and
                    ``(D) use, including use in--
                            ``(i) surface transportation;
                            ``(ii) isolated villages, islands, and 
                        communities in which other energy sources are 
                        not available or are very expensive;
                            ``(iii) fuel cells and components, 
                        including proton exchange membrane 
                        technologies; and
                            ``(iv) foreign markets, particularly 
                        markets in which an energy infrastructure is 
                        not well developed;
            ``(2) give particular attention to resolving critical 
        technical issues preventing the introduction of hydrogen as an 
        energy source into the marketplace, so as to enable the 
        development of voluntary consensus technical standards; and
            ``(3)(A) survey hydrogen energy research and development 
        activities in the private sector worldwide; and
            ``(B) take steps to ensure that research and development 
        activities under this section do not--
                    ``(i) unnecessarily duplicate any available 
                research and development; or
                    ``(ii) displace or compete with the privately 
                funded hydrogen energy research and development 
                activities of United States industry.
    ``(c) Research and Development Support.--The Secretary may arrange 
for tests and demonstrations and disseminate to researchers and 
developers information, data, and other materials necessary to support 
the research and development activities authorized under this section 
and other efforts authorized under this Act, consistent with section 
106.
    ``(d) Federal Funding.--The Secretary shall carry out the research 
and development activities authorized under this section using a 
competitive merit review process.
    ``(e) 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 projects under this section.
            ``(2) Reduction or elimination.--The Secretary may reduce 
        or eliminate 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 activities, 
                and educational programs that the Secretary does not 
                expect to result in a marketable product.

``SEC. 105. DEMONSTRATIONS.

    ``(a) In General.--The Secretary shall conduct demonstrations of 
critical technologies so that technical and nontechnical parameters can 
be evaluated to best determine commercial applicability of such 
technologies.
    ``(b) Requirement.--Demonstrations under subsection (a) shall 
include fuel cells and fuel cell components (including proton exchange 
membrane technologies) for commercial, residential, and transportation 
applications, using improved manufacturing production and processes.
    ``(c) Demonstrations With Research and Development Activities.--
Concurrently with activities conducted under section 104, the Secretary 
shall conduct small-scale demonstrations of hydrogen energy technology 
at self-contained sites.
    ``(d) 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 the reduction is appropriate considering the technological 
        risks involved in the project.

``SEC. 106. TECHNOLOGY ASSESSMENT AND TRANSFER.

    ``(a) Program.--
            ``(1) In general.--The Secretary shall conduct a program 
        designed to transfer critical technologies to the private 
        sector, including application in foreign countries to increase 
        the global market for the technologies and foster global 
        development without harmful environmental effects.
            ``(2) Advice and assistance.--The Secretary shall direct 
        the program under paragraph (1) with the advice and assistance 
        of the advisory committee.
    ``(b) Information.--
            ``(1) In general.--The Secretary, in carrying out the 
        program under subsection (a), shall--
                    ``(A) undertake an update of the inventory and 
                assessment of hydrogen energy technologies and the 
                commercial capability of the technologies to 
                economically produce, store, transport, and use 
                hydrogen as an energy source in the industrial, 
                commercial, residential, transportation, and utility 
                sectors; and
                    ``(B) develop with the National Aeronautics and 
                Space Administration, other Federal agencies as 
                appropriate, and industry an information exchange 
                program to improve technology transfer for hydrogen 
                energy technologies.
            ``(2) Activities.--The information exchange program--
                    ``(A) may consist of workshops, publications, 
                conferences, and a database for the use by the public 
                and private sectors; and
                    ``(B) shall include activities 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.

``SEC. 107. COORDINATION AND CONSULTATION.

    ``(a) Responsibility of the Secretary.--The Secretary shall have 
overall management responsibility for carrying out programs under this 
Act.
    ``(b) Requirements.--In carrying out the programs under this Act, 
the Secretary, consistent with the overall management responsibility of 
the Secretary--
            ``(1) shall establish a central point for the coordination 
        of all hydrogen energy research, development, and demonstration 
        activities of the Department; and
            ``(2) may use the expertise of any other Federal agency in 
        accordance with subsection (c) in carrying out any activities 
        under this Act, to the extent that the Secretary determines 
        that any such agency has capabilities that would allow such 
        agency to contribute to the purposes of this Act.
    ``(c) Assistance.--
            ``(1) In general.--The Secretary may, in accordance with 
        subsection (b), obtain the assistance of any Federal agency on 
        written request, on a reimbursable basis or otherwise and with 
        the consent of such agency.
            ``(2) Identification of assistance.--Each such request 
        shall identify the assistance the Secretary considers necessary 
        to carry out any duty under this Act.
    ``(d) Consultation.--The Secretary shall consult with other Federal 
agencies as appropriate, and the advisory committee, in carrying out 
the authorities of the Secretary under this Act.

``SEC. 108. ADVISORY COMMITTEE.

    ``(a) Establishment.--There is established the Hydrogen Technical 
Advisory Committee.
    ``(b) Membership.--
            ``(1) In general.--The advisory committee--
                    ``(A) shall be comprised of not fewer than 9 nor 
                more than 15 members appointed by the Secretary; and
                    ``(B) shall be comprised of such representatives 
                from domestic industry, universities, professional 
                societies, Government laboratories, and financial, 
                environmental, and other organizations as the Secretary 
                considers appropriate based on an assessment by the 
                Secretary of the technical and other qualifications of 
                such representatives.
            ``(2) Terms.--
                    ``(A) In general.--The term of a member of the 
                advisory committee shall be not more than 3 years.
                    ``(B) Staggered terms.--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.
                    ``(C) Reappointment.--A member of the advisory 
                committee whose term expires may be reappointed.
            ``(3) Chairperson.--The advisory committee shall have a 
        chairperson, who shall be elected by the members from among 
        their number.
    ``(c) Duties.--The advisory committee shall advise the Secretary on 
the programs under this Act and under title II of the Hydrogen Future 
Act of 1996.
    ``(d) Cooperation.--The heads of Federal agencies--
            ``(1) shall cooperate with the advisory committee in 
        carrying out of this section; and
            ``(2) shall furnish to the advisory committee such 
        information as the advisory committee considers necessary to 
        carry out this section.
    ``(e) Review.--The advisory committee shall review and make any 
necessary recommendations to the Secretary concerning--
            ``(1) the implementation of programs under this Act;
            ``(2) the economic, technological, and environmental 
        consequences of the deployment of technologies for the 
        production, storage, transportation, and use of hydrogen as an 
        energy source; and
            ``(3) the coordination plan prepared by the Secretary under 
        section 103 and the plan developed by the interagency task 
        force under section 202(b) of the Hydrogen Future Act of 1996.
    ``(f) Response to Recommendations.--
            ``(1) In general.--The Secretary shall consider, but need 
        not adopt, any recommendations of the advisory committee under 
        subsection (e).
            ``(2) Report.--The Secretary shall describe the 
        implementation, or provide an explanation of the reasons that 
        any such recommendations will not be implemented, in the report 
        to Congress under section 103(b).
    ``(g) Support.--The Secretary shall provide such staff, funds, and 
other support as are necessary to enable the advisory committee to 
carry out the duties of the advisory committee.
    ``(h) Duration.--The advisory committee shall remain in existence 
for the duration of the programs under this Act.

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

    ``Beginning 2 years after the date of the enactment of this 
section, and every 4 years thereafter, the National Academy of Sciences 
shall--
            ``(1) conduct a review of the progress made through the 
        programs and activities authorized under this Act and title II 
        of the Hydrogen Future Act of 1996; and
            ``(2) submit to Congress a report that describes the 
        results of the review.

``SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this Act (in 
addition to any amounts made available for the purpose under other 
Acts)--
            ``(1) $3,000,000 for fiscal year 1992;
            ``(2) $7,000,000 for fiscal year 1993;
            ``(3) $10,000,000 for fiscal year 1994;
            ``(4) $14,500,000 for fiscal year 1996;
            ``(5) $20,000,000 for fiscal year 1997;
            ``(6) $25,000,000 for fiscal year 1998;
            ``(7) $30,000,000 for fiscal year 1999;
            ``(8) $35,000,000 for fiscal year 2000;
            ``(9) $40,000,000 for fiscal year 2001;
            ``(10) $45,000,000 for fiscal year 2002;
            ``(11) $50,000,000 for fiscal year 2003;
            ``(12) $55,000,000 for fiscal year 2004;
            ``(13) $60,000,000 for fiscal year 2005;
            ``(14) $65,000,000 for fiscal year 2006; and
            ``(15) $70,000,000 for fiscal year 2007.''.

SEC. 3. HYDROGEN FUTURE ACT AMENDMENT.

    The Hydrogen Future Act of 1996 is amended by striking title II (42 
U.S.C. 12403 note) and inserting the following:

                         ``TITLE II--FUEL CELLS

``SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN SYSTEMS.

    ``(a) In General.--The Secretary shall solicit proposals for 
projects demonstrating hydrogen technologies needed to use fuel cells 
in Federal, State, and local government stationary and transportation 
applications.
    ``(b) Competitive Evaluation.--
            ``(1) In general.--Each proposal submitted in response to 
        the solicitation under this section shall be evaluated on a 
        competitive basis using peer review.
            ``(2) No requirement to make award.--The Secretary is not 
        required to make an award under this section in the absence of 
        a meritorious proposal.
    ``(c) Preference.--In making an award under this section, the 
Secretary shall give preference to proposals that--
            ``(1) are submitted jointly from consortia including 
        academic institutions, industry, State or local governments, 
        and Federal laboratories; and
            ``(2) reflect proven experience and capability with 
        technologies relevant to the projects proposed.
    ``(d) Non-Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall require a commitment from non-Federal sources 
        of at least 50 percent of the costs directly relating to a 
        demonstration project under this section.
            ``(2) Reduction.--The Secretary may reduce the non-Federal 
        requirement under paragraph (1) if the Secretary determines 
        that the reduction is appropriate considering the technological 
        risks involved in the project.

``SEC. 202. 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 Secretary shall establish an interagency task 
force led by a designee of the Secretary and comprised of 
representatives of--
            ``(1) the Office of Science and Technology Policy;
            ``(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; 
        and
            ``(7) other Federal agencies as appropriate.
    ``(b) Duties.--
            ``(1) Development of plan.--The task force shall develop a 
        plan for carrying out this title.
            ``(2) Focus of plan.--The plan shall focus on development 
        and demonstration of integrated systems and components for--
                    ``(A) the production, storage, transport, and use 
                of hydrogen as an energy source for Federal, State, and 
                local government stationary and transportation 
                applications;
                    ``(B) hydrogen-based infrastructure for buses and 
                other fleet transportation systems that include zero-
                emission vehicles; and
                    ``(C) hydrogen-based distributed power generation, 
                including the generation of combined heat, power, and 
                hydrogen.

``SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS.

    ``The Secretary shall enter into cooperative and cost-sharing 
agreements with Federal, State, and local agencies for participation by 
the agencies in demonstrations at facilities administered by the 
agencies, with the aim of integrating high-efficiency hydrogen systems 
using fuel cells into the facilities to provide near-term benefits and 
promote a smooth transition to hydrogen as an energy source.

``SEC. 204. INTEGRATION AND DISSEMINATION OF TECHNICAL INFORMATION.

    ``The Secretary shall--
            ``(1) integrate all the technical information available as 
        a result of development and demonstration projects under this 
        title;
            ``(2) make the information available to all interested 
        persons; and
            ``(3) foster the exchange of generic, nonproprietary 
        information and technology developed under this title among 
        industry, academia, and Federal, State, and local governments, 
        to help the United States economy attain the economic benefits 
        of the information and technology.

``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out activities under this title--
            ``(1) $5,000,000 for fiscal year 2003;
            ``(2) $25,000,000 for fiscal year 2004;
            ``(3) $30,000,000 for fiscal year 2005;
            ``(4) $35,000,000 for fiscal year 2006; and
            ``(5) $40,000,000 for fiscal year 2007.''.
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