[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1482 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1482

    To provide for the research and development of advanced nuclear 
reactor, solar energy, and wind energy technologies for the production 
                  of hydrogen, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2005

 Mr. Wynn (for himself and Mr. Shimkus) 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 research and development of advanced nuclear 
reactor, solar energy, and wind energy technologies for the production 
                  of hydrogen, 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 referred to as the ``Hydrogen Liberty Act''.

SEC. 2. HYDROGEN PRODUCTION PROGRAMS.

    (a) Advanced Reactor Hydrogen Cogeneration Project.--
            (1) Project establishment.-- The Secretary is directed to 
        establish an Advanced Reactor Hydrogen Cogeneration Project.
            (2) Project definition.-- The project shall consist of the 
        research, development, design, construction, and operation of a 
        hydrogen production cogeneration research facility that, 
        relative to the current commercial reactors, enhances safety 
        features, reduces waste production, enhances thermal 
        efficiencies, increases proliferation resistance, and has the 
        potential for improved economics and physical security in 
        reactor siting. This facility shall be constructed so as to 
        enable research and development on advanced reactors of the 
        type selected and on alternative approaches for reactor-based 
        production of hydrogen.
            (3) Project management.--
                    (A) Management.--The project shall be managed 
                within the Department by the Office of Nuclear Energy, 
                Science, and Technology.
                    (B) Lead laboratory.--The lead laboratory for the 
                project, providing the site for the reactor 
                construction, shall be the Idaho National Laboratory 
                (in this subsection referred to as ``INL'').
                    (C) Steering committee.--The Secretary shall 
                establish a national steering committee with membership 
                from the national laboratories, universities, and 
                industry to provide advice to the Secretary and the 
                Director of the Office of Nuclear Energy, Science, and 
                Technology on technical and program management aspects 
                of the project.
                    (D) Collaboration.--Project activities shall be 
                conducted at INL, other national laboratories, 
                universities, domestic industry, and international 
                partners.
            (4) Project requirements.--
                    (A) Research and development.--
                            (i) In general.--The project shall include 
                        planning, research and development, design, and 
                        construction of an advanced, next-generation, 
                        nuclear energy system suitable for enabling 
                        further research and development on advanced 
                        reactor technologies and alternative approaches 
                        for reactor-based generation of hydrogen.
                            (ii) Reactor test capabilities at inl.--The 
                        project shall utilize, where appropriate, 
                        extensive reactor test capabilities resident at 
                        INL.
                            (iii) Alternatives.--The project shall be 
                        designed to explore technical, environmental, 
                        and economic feasibility of alternative 
                        approaches for reactor-based hydrogen 
                        production.
                            (iv) Industrial lead.--The industrial lead 
                        for the project shall be a company incorporated 
                        in the United States.
                    (B) International collaboration.--
                            (i) In general.--The Secretary shall seek 
                        international cooperation, participation, and 
                        financial contribution in this project.
                            (ii) Assistance from international 
                        partners.--The Secretary may contract for 
                        assistance from specialists or facilities from 
                        member countries of the Generation IV 
                        International Forum, the Russian Federation, or 
                        other international partners where such 
                        specialists or facilities provide access to 
                        cost-effective and relevant skills or test 
                        capabilities.
                            (iii) Generation iv international forum.--
                        International activities shall be coordinated 
                        with the Generation IV International Forum.
                            (iv) Generation iv nuclear energy systems 
                        program.--The Secretary may combine this 
                        project with the Generation IV Nuclear Energy 
                        Systems Program.
                    (C) Demonstration.--The overall project, which may 
                involve demonstration of selected project objectives in 
                a partner nation, must demonstrate both electricity and 
                hydrogen production and may provide flexibility, where 
                technically and economically feasible in the design and 
                construction, to enable tests of alternative reactor 
                core and cooling configurations.
                    (D) Partnerships.--The Secretary shall establish 
                cost-shared partnerships with domestic industry or 
                international participants for the research, 
                development, design, construction, and operation of the 
                research facility, and preference in determining the 
                final project structure shall be given to an overall 
                project which retains United States leadership while 
                maximizing cost sharing opportunities and minimizing 
                Federal funding responsibilities.
                    (E) Target date.--The Secretary shall select 
                technologies and develop the project to provide initial 
                testing of either hydrogen production or electricity 
                generation by 2011, or provide a report to Congress 
                explaining why this date is not feasible.
                    (F) Waiver of construction timelines.--The 
                Secretary is authorized to conduct the Advanced Reactor 
                Hydrogen Cogeneration Project without the constraints 
                of DOE Order 413.3, relating to program and project 
                management for the acquisition of capital assets, as 
                necessary to meet the specified operational date.
                    (G) Competition.--The Secretary may fund up to 2 
                teams for up to 1 year to develop detailed proposals 
                for competitive evaluation and selection of a single 
                proposal and concept for further progress. The 
                Secretary shall define the format of the competitive 
                evaluation of proposals.
                    (H) Use of facilities.--Research facilities in 
                industry, national laboratories, or universities either 
                within the United States or with cooperating 
                international partners may be used to develop the 
                enabling technologies for the research facility. 
                Utilization of domestic university-based facilities 
                shall be encouraged to provide educational 
                opportunities for student development.
                    (I) Role of nuclear regulatory commission.--
                            (i) In general.--The Nuclear Regulatory 
                        Commission shall have licensing and regulatory 
                        authority for any reactor authorized under this 
                        subsection, pursuant to section 202 of the 
                        Energy Reorganization Act of 1974 (42 U.S.C. 
                        5842).
                            (ii) Risk-based criteria.--The Secretary 
                        shall seek active participation of the Nuclear 
                        Regulatory Commission throughout the project to 
                        develop risk-based criteria for any future 
                        commercial development of a similar reactor 
                        architecture.
                    (J) Report.--The Secretary shall develop and 
                transmit to Congress a comprehensive project plan not 
                later than 3 months after the date of enactment of this 
                Act. The project plan shall be updated annually with 
                each annual budget submission.
    (b) Advanced Nuclear Reactor Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the 
        provisions in this Act related to advanced nuclear reactor 
        technologies and for implementing the recommendations related 
        to advanced nuclear reactor technologies that are included in 
        the report transmitted under subsection (f); and
            (2) provide for the establishment of 5 projects in 
        geographic areas that are regionally and climatically diverse 
        to demonstrate the commercial production of hydrogen at 
        existing nuclear power plants, including one demonstration 
        project at a national laboratory or institution of higher 
        education using an advanced gas-cooled reactor.
    (c) Collocation With Hydrogen Production Facility.--Section 103 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2011) is amended by adding at 
the end the following new subsection:
    ``g. The Commission shall give priority to the licensing of a 
utilization facility that is collocated with a hydrogen production 
facility. The Commission shall issue a final decision approving or 
disapproving the issuance of a license to construct and operate a 
utilization facility not later than the expiration of 2 years after the 
date of the submission of such application, if the application 
references a Commission-certified design and an early site permit, 
unless the Commission determines that the applicant has proposed 
material and substantial changes to the design or the site design 
parameters.''.
    (d) Solar Energy Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the 
        provisions in this Act related to solar energy technologies and 
        for implementing the recommendations related to solar energy 
        technologies that are included in the report transmitted under 
        subsection (f);
            (2) provide for the establishment of 5 projects in 
        geographic areas that are regionally and climatically diverse 
        to demonstrate the production of hydrogen at solar energy 
        facilities, including one demonstration project at a national 
        laboratory or institution of higher education;
            (3) establish a research and development program--
                    (A) to develop optimized concentrating solar power 
                devices that may be used for the production of both 
                electricity and hydrogen; and
                    (B) to evaluate the use of thermochemical cycles 
                for hydrogen production at the temperatures attainable 
                with concentrating solar power devices;
            (4) coordinate with activities sponsored by the Department 
        of Energy's Office of Nuclear Energy, Science, and Technology 
        on high-temperature materials, thermochemical cycles, and 
        economic issues related to solar energy;
            (5) provide for the construction and operation of new 
        concentrating solar power devices or solar power cogeneration 
        facilities that produce hydrogen either concurrently with, or 
        independently of, the production of electricity;
            (6) support existing facilities and research programs 
        dedicated to the development and advancement of concentrating 
        solar power devices; and
            (7) establish a program--
                    (A) to research and develop methods that use 
                electricity from photovoltaic devices for the onsite 
                production of hydrogen, such that no intermediate 
                transmission or distribution infrastructure is required 
                or used and future demand growth may be accommodated;
                    (B) to evaluate the economics of small-scale 
                electrolysis for hydrogen production; and
                    (C) to research the potential of modular 
                photovoltaic devices for the development of a hydrogen 
                infrastructure, the security implications of a hydrogen 
                infrastructure, and the benefits potentially derived 
                from a hydrogen infrastructure.
    (e) Wind Energy Technologies.--The Secretary shall--
            (1) prepare a detailed roadmap for carrying out the 
        provisions in this Act related to wind energy technologies and 
        for implementing the recommendations related to wind energy 
        technologies that are included in the report transmitted under 
        subsection (f); and
            (2) provide for the establishment of 5 projects in 
        geographic areas that are regionally and climatically diverse 
        to demonstrate the production of hydrogen at existing wind 
        energy facilities, including one demonstration project at a 
        national laboratory or institution of higher education.
    (f) Report.--The Secretary shall transmit to the Congress not later 
than 120 days after the date of enactment of this Act a report 
containing detailed summaries of the roadmaps prepared under 
subsections (b)(1), (d)(1), and (e)(1), descriptions of the Secretary's 
progress in establishing the projects and other programs required under 
this section, and recommendations for promoting the availability of 
advanced nuclear reactor energy technologies, solar energy 
technologies, and wind energy technologies for the production of 
hydrogen.

SEC. 3. HYDROGEN PRODUCTION RESEARCH.

    (a) Program Support.--The Secretary shall support research programs 
at institutions of higher education for the development of advanced 
nuclear reactor energy technologies, solar energy technologies, and 
wind energy technologies for the production of hydrogen. The research 
programs supported under this section shall--
            (1) enhance fellowship and faculty assistance programs;
            (2) provide support for fundamental research;
            (3) encourage collaborative research among industry, 
        national laboratories, and institutions of higher education;
            (4) support communication and outreach; and
            (5) to the greatest extent possible--
                    (A) be located in geographic areas that are 
                regionally and climatically diverse; and
                    (B) be located at part B institutions, minority 
                institutions, and institutions of higher education 
                located in States participating in the Experimental 
                Program to Stimulate Competitive Research of the 
                Department of Energy.
    (b) Nuclear Reactor Research Programs.--Research programs supported 
under this section that are related to advanced nuclear reactor 
technologies--
            (1) shall be programs that research designs for nuclear 
        reactors capable of producing hydrogen from a variety of 
        feedstocks;
            (2) may provide technical assistance, in collaboration with 
        the United States civilian nuclear industry, to relicense and 
        upgrade research nuclear reactors at institutions of higher 
        education involved in such programs;
            (3) may use funding authorized under subsection (d)(1) for 
        improvements of research nuclear reactors at institutions of 
        higher education involved in such programs as part of a focused 
        effort that emphasizes research, training, and education; and
            (4) may use funding authorized under subsection (d)(1) to 
        offset a portion of the operating and maintenance costs of a 
        research nuclear reactor at an institution of higher education 
        involved in one of such programs.
    (c) Institutions of Higher Education and National Laboratory 
Interactions.--In conjunction with the programs supported under this 
section, the Secretary shall develop sabbatical, fellowship, and 
visiting scientist programs to encourage national laboratories and 
institutions of higher education to share and exchange personnel.
    (d) Authorization of Appropriations.--
            (1) Advanced nuclear reactor technologies research 
        programs.--For the purpose of supporting research programs 
        related to the development of advanced nuclear reactor 
        technologies under this section, there are authorized to be 
        appropriated to the Secretary--
                    (A) $65,000,000 for fiscal year 2006;
                    (B) $74,750,000 for fiscal year 2007;
                    (C) $85,962,500 for fiscal year 2008;
                    (D) $98,856,875 for fiscal year 2009;
                    (E) $113,685,406 for fiscal year 2010;
                    (F) $130,738,217 for fiscal year 2011;
                    (G) $150,348,950 for fiscal year 2012;
                    (H) $172,901,292 for fiscal year 2013;
                    (I) $198,836,486 for fiscal year 2014; and
                    (J) $228,661,959 for fiscal year 2015.
            (2) Solar energy technologies research programs.--For the 
        purpose of supporting research programs related to the 
        development of solar energy technologies under this section, 
        there are authorized to be appropriated to the Secretary--
                    (A) $65,000,000 for fiscal year 2006;
                    (B) $74,750,000 for fiscal year 2007;
                    (C) $85,962,500 for fiscal year 2008;
                    (D) $98,856,875 for fiscal year 2009;
                    (E) $113,685,406 for fiscal year 2010;
                    (F) $130,738,217 for fiscal year 2011;
                    (G) $150,348,950 for fiscal year 2012;
                    (H) $172,901,292 for fiscal year 2013;
                    (I) $198,836,486 for fiscal year 2014; and
                    (J) $228,661,959 for fiscal year 2015.
            (3) Wind energy technologies research programs.--For the 
        purpose of supporting research programs related to the 
        development of wind energy technologies under this section, 
        there are authorized to be appropriated to the Secretary--
                    (A) $65,000,000 for fiscal year 2006;
                    (B) $74,750,000 for fiscal year 2007;
                    (C) $85,962,500 for fiscal year 2008;
                    (D) $98,856,875 for fiscal year 2009;
                    (E) $113,685,406 for fiscal year 2010;
                    (F) $130,738,217 for fiscal year 2011;
                    (G) $150,348,950 for fiscal year 2012;
                    (H) $172,901,292 for fiscal year 2013;
                    (I) $198,836,486 for fiscal year 2014; and
                    (J) $228,661,959 for fiscal year 2015.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``advanced nuclear reactor technologies'' 
        means--
                    (A) technologies related to advanced light water 
                reactors that may be commercially available in the 
                near-term, including mid-sized reactors with passive 
                safety features, for the generation of electric power 
                from nuclear fission and the production of hydrogen; 
                and
                    (B) technologies related to other nuclear reactors 
                that may require prototype demonstration prior to 
                availability in the mid-term or long-term, including 
                high-temperature, gas-cooled reactors and liquid metal 
                reactors, for the generation of electric power from 
                nuclear fission and the production of hydrogen;
            (2) the term ``concentrating solar power devices'' means 
        devices that concentrate the power of the sun by reflection or 
        refraction to improve the efficiency of a photovoltaic or 
        thermal generation process;
            (3) the term ``institution of higher education'' has the 
        meaning given to that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a));
            (4) the term ``minority institution'' has the meaning given 
        to that term in section 365 of the Higher Education Act of 1965 
        (20 U.S.C. 1067k);
            (5) the term ``part B institution'' has the meaning given 
        to that term in section 322 of the Higher Education Act of 1965 
        (20 U.S.C. 1061);
            (6) the term ``photovoltaic devices'' means devices that 
        convert light directly into electricity through a solid-state, 
        semiconductor process; and
            (7) the term ``Secretary'' means the Secretary of Energy.
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