Hydrogen Fuel Act of 2003, or Hydrogen Act - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to authorize the Secretary of Energy to: (1) prepare a comprehensive interagency coordination plan for research, development, and demonstration programs and activities designated under such Act; and (2) conduct a program to transfer technology to the private sector in order to foster the exchange of generic, nonproprietary information and technology developed under this Act among industry, academia, and the Federal Government.
Declares that the goals of the research and development program are to enable: (1) a decision by automakers by 2015 to offer affordable and technically viable hydrogen fuel cell vehicles in the mass consumer market; and (2) production and delivery to consumers of model year 2020 hydrogen fuel cell vehicles meeting specified requirements.
Instructs the Secretary to conduct a research and development and demonstration programs for: (1) hydrogen infrastructure; (2) fuel cells and fuel cell technologies including hydrogen-powered fuel cell vehicles; and (3) hydrogen codes, standards, and safety protocols. Prescribes implementation guidelines.
Directs the President to establish an interagency task force to: (1) address development of designated hydrogen infrastructure, fuel cells in government applications, and vehicle hydrogen fuel system integrity safety; and (2) coordinate interagency programs and activities, including information exchange.
Replaces the Hydrogen Technnical Advisory Panel with the Hydrogen Technical and Fuel Cell Advisory Committee to advise the Secretary on the programs and activities under such Act.
Repeals the Hydrogen Future Act of 1996.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1299
To amend the Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2003
Mr. Boehlert introduced the following bill; which was referred to the
Committee on Science
_______________________________________________________________________
A BILL
To 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 ``Hydrogen Fuel Act of 2003'' or
``Hydrogen Act''.
SEC. 2. AMENDMENT TO THE MATSUNAGA ACT.
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. FINDINGS, PURPOSES, 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) the national interest is to reduce dependence on
imported petroleum by accelerating Federal efforts to partner
with the private sector in developing hydrogen and fuel cell
technologies;
``(4) the national interest is to support industry's
efforts to develop a light duty vehicle fleet that is free or
near free of pollutant emissions and greenhouse gas emissions,
and that helps to reduce the Nation's dependence on petroleum
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 and affordably;
``(5) the development of hydrogen fuel cell vehicles and
supporting infrastructure will 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;
and
``(7) vehicle technology development work should be
performed in a manner that is cognizant of consumer acceptance
and marketplace success.
``(b) Purpose.--The purpose of this Act is to reduce significantly
the Nation's dependence on imported petroleum through support of the
following Department of Energy programs and activities:
``(1) Research, development, demonstration, and technology
transfer programs for hydrogen and fuel cells, leading to--
``(A) a decision by automakers no later than 2015
to offer affordable and technically viable hydrogen
fuel cell vehicles in the mass consumer market; and
``(B) the mass market availability of affordable
and technically viable hydrogen fuel cell vehicles and
adequate refueling infrastructure no later than 2020.
``(2) An activity 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.
``(4) A survey of private sector hydrogen energy research
and development activities worldwide to ensure that Federal
research and development activities do not--
``(A) unnecessarily duplicate any available
research and development; or
``(B) displace or compete with the privately funded
hydrogen energy research and development activities of
United States industry.
``(c) Definitions.--In this Act:
``(1) The term `Advisory Committee' means the Hydrogen
Technical and Fuel Cell Advisory Committee established under
section 108 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. 103. PLAN; REPORT.
``(a) Plan.--The Secretary, in coordination with other appropriate
Federal agencies, may prepare a comprehensive interagency coordination
plan for research, development, and demonstration programs and
activities under this Act. This plan may be submitted at the time of
the President's annual budget submission to Congress.
``(b) Report.--Not later than one year after the date of enactment
of the Hydrogen Fuel Act of 2003, and biennially thereafter, the
Secretary may transmit to Congress a report on the status of programs
and activities under this Act. This report may be submitted at the time
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
purpose in section 102(b) has been met;
``(2) an analysis of the potential for interagency,
intergovernmental, international, or private sector
collaboration opportunities in research, development,
demonstration, and other programs and activities under this
Act; and
``(3) a discussion of how the Department has addressed
recommendations of the Advisory Committee.
``SEC. 104. RESEARCH AND DEVELOPMENT.
``(a) Program.--In partnership with the private sector, the
Secretary shall conduct a research and development program for--
``(1) hydrogen infrastructure;
``(2) fuel cells; and
``(3) hydrogen codes, standards, and safety protocols.-
``(b) Program Goals.--The goals of the research and development
program under this section are--
``(1) to enable a decision by automakers not later than
2015 to offer affordable and technically viable hydrogen fuel
cell vehicles in the mass consumer market; and
``(2) to enable production and delivery to consumers of
model year 2020 hydrogen fuel cell vehicles that will have--
``(A) a range of at least three hundred miles;
``(B) safety and performance comparable to vehicle
technologies in the market; and
``(C) 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) zero or near zero emissions of
pollutants; and
``(D) vehicle fuel system crash integrity and
occupant protection.
``(c) Hydrogen Infrastructure.--The research and development
program for hydrogen infrastructure may include--
``(1) safe and convenient refueling;
``(2) activities leading to widespread availability of
hydrogen from domestic energy sources through--
``(A) production, including emphasis on cost-
effective production from domestic energy sources;
``(B) delivery, including transmission by pipeline
and other distribution methods for hydrogen; and
``(C) storage, including storage in surface
transportation vehicles; and
``(3) hydrogen for fuel cells, and other energy conversion
devices for portable, stationary, and transportation
applications.
``(d) Fuel Cells.--The research and development program for fuel
cells and their portable, stationary, and transportation applications
may include--
``(1) a safe, economical, and environmentally sound
hydrogen fuel cell; and
``(2) a fuel cell for light duty vehicles and other
vehicles.
``(e) Hydrogen Codes, Standards, and Safety Protocols.--
``(1) In general.--The Department's research and
development program for hydrogen codes, standards, and safety
protocols includes as a goal the establishment of international
codes, standards, and safety protocols for the performance and
manufacture of domestic and foreign products, including motor
vehicles and equipment. The Department shall coordinate these
activities with other Federal agencies.
``(2) Representation.--The Department may represent the
United States interests with respect to activities and programs
under this Act, in coordination with the Department of
Transportation, before governments and nongovernmental
organizations including--
``(A) other Federal, State, regional, and local
governments and their representatives;
``(B) industry and its representatives, including
members of the energy and transportation industries;
and
``(C) in consultation with the Department of State,
foreign governments and their representatives including
international organizations.
``(f) Federal Funding.--
``(1) Procedures.--The Secretary shall carry out the
research and development programs and activities under this Act
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) Duplication.--The Department shall--
``(A) survey private sector hydrogen energy
research and development activities worldwide; and
``(B) endeavor to avoid duplication or displacement
of other research and development programs and
activities.
``(g) 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.
``(2) Ranking factor.--The Department shall make the
percentage of cost-sharing a ranking factor in making
competitive awards.
``(3) Reduction.--The Secretary may reduce 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 programs, or
other activities including educational programs under
section 107 that the Secretary does not expect to
result in a marketable product.
``SEC. 105. DEMONSTRATIONS.
``(a) Demonstration Program.--The purpose of demonstrations is to
evaluate commercial applicability of technologies or to identify
additional research or development needs that cannot be identified
through other means. In partnership with the private sector, and in
coordination with the Department of Transportation, the Secretary may
conduct a demonstration program for--
``(1) hydrogen infrastructure;
``(2) fuel cells and fuel cell technologies including
hydrogen-powered fuel cell vehicles; and
``(3) hydrogen codes, standards, and safety protocols.
``(b) Federal Funding.--The Secretary shall carry out
demonstrations 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. The Department shall endeavor to avoid duplication or
displacement of other demonstrations.
``(c) 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 Act.
``(2) Ranking factor.--The Secretary shall make the
percentage of cost-sharing a ranking factor in making
competitive awards.
``(3) Reduction.--The Secretary may reduce the non-Federal
cost sharing requirement under paragraph (1) if the Secretary
determines that the reduction is appropriate considering the
technological risks involved.
``(4) Cooperative agreements with governments.--The
Secretary may enter into cost-sharing agreements with Federal,
State, or local governments to demonstrate applications using
hydrogen and fuel cells.
``SEC. 106. TECHNOLOGY ASSESSMENT AND TRANSFER.
``(a) Program.--The Secretary may conduct a program to transfer
technology to the private sector under this Act. The purpose of the
technology transfer program is 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, among other purposes.
``(b) Advice and Assistance.--The Secretary shall direct the
program authorized by this section with the advice and assistance of
the Advisory Committee.
``SEC. 107. INTERAGENCY TASK FORCE.
``(a) Establishment.--Not later than 120 days after the date of
enactment of the Hydrogen Fuel Act of 2003, the President shall
establish an interagency task force, chaired by the Director of the
Office of Science and Technology Policy or his designee, with
representatives from each of the following:
``(1) The Department of Energy.
``(2) The Department of Transportation.
``(3) The Department of State.
``(4) The Department of Defense.
``(5) The Department of Commerce (including the National
Institute of Standards and Technology).
``(6) The Environmental Protection Agency.
``(7) The National Aeronautics and Space Administration.
``(8) Other Federal agencies as the Director determines
appropriate.
``(b) Duties of the Interagency Task Force.--
``(1) Planning.--The interagency task force shall
coordinate the implementation of the interagency coordination
plan prepared under section 103(a), and shall work toward
development of--
``(A) a safe, economical, and environmentally sound
hydrogen infrastructure;
``(B) uniform hydrogen codes, standards, and safety
protocols;
``(C) fuel cells in government applications,
including portable, stationary, and transportation
applications; and
``(D) vehicle hydrogen fuel system integrity safety
performance.
``(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 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 shall--
``(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 the commercial capability of each technology
for the economic and environmentally safe production,
distribution, delivery, storage, and use of 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-powered fuel cell vehicles;
and
``(v) conduct an education program to provide
hydrogen and fuel cell information to potential end-
users.
``SEC. 108. ADVISORY COMMITTEE.
``(a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory
Committee shall be 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. The Secretary shall
appoint members to represent domestic industry, academia,
professional societies, government agencies, and financial,
environmental, and other appropriate organizations based on the
Secretary'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 be not more than three 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 Chair of the Advisory Committee
shall be a member of the Advisory Committee, elected by the
members from among their number.
``(c) Review.--The Advisory Committee shall review and make
recommendations to the Secretary in a biennial report on--
``(1) the implementation of programs and activities under
this Act;
``(2) the safety, economical, environmental, and other
consequences of technologies for the production, distribution,
delivery, storage, or use of hydrogen and fuel cells; and
``(3) the interagency coordination plan prepared under
section 103(a).
``(d) Response to Recommendations.--The Secretary shall consider,
but need not adopt, any recommendations of the Advisory Committee under
subsection (c). The Secretary shall either describe the implementation
of each recommendation made, or provide an explanation of the reasons
that a recommendation will not be implemented, in the report
transmitted under section 103(b).
``(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. 109. NATIONAL ACADEMY OF SCIENCES REVIEW.
``Beginning two years after the date of enactment of the Hydrogen
Fuel Act of 2003, and every four years thereafter, the National Academy
of Sciences shall review the progress made through the programs and
activities authorized under this Act and shall report to the Congress
on the results of this review.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO THE HYDROGEN FUTURE ACT
OF 1996.
The Hydrogen Future Act of 1996 is repealed.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the purposes
of this Act for fiscal years 2003 through 2008, $1,223,000,000.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science.
Referred to the Subcommittee on Energy.
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