George E. Brown, Jr. and Robert S. Walker Hydrogen Future Act of 2003 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to direct the Secretary of Energy to conduct a research, development, demonstration, and commercial application program on: (1) accelerated uses of hydrogen and related technologies in stationary and transportation applications; and (2) advanced vehicle technologies (FreedomCAR program).
Requires the FreedomCAR program to address: (1) engine and emission control systems; (2) energy storage, electric propulsion, and hybrid systems; (3) automotive materials; (4) clean fuels in addition to hydrogen; and (5) other advanced vehicle technologies.
Requires the Secretary to transmit to Congress a coordinated plan for such programs and any other DOE programs directly related to fuel cells or hydrogen.
Authorizes the Secretary to implement programs for: (1) interagency, intergovernmental, and international education, information exchange, and cooperation concerning hydrogen and hydrogen-related products; and (2) a technology transfer to the private sector to foster the exchange of generic, nonproprietary information and technology developed under this Act.
Directs the President to establish an interagency task force to work toward development of: (1) a safe, economical, and environmentally sound hydrogen infrastructure; (2) uniform hydrogen codes, standards, and safety protocols; (3) fuel cells in government applications; and (4) vehicle hydrogen fuel system integrity safety performance.
Replaces the Hydrogen Technical Advisory Panel with the Hydrogen Technical and Fuel Cell Advisory Committee.
Authorizes DOE to represent U.S. interests regarding activities and programs under this Act before governmental and nongovernmental organizations, including: (1) other Federal, State, regional, and local governments; (2) industry representatives, including the energy and transportation industries; and (3) in consultation with the Department of State, foreign governments and international organizations.
Repeals the Hydrogen Future Act of 1996.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1773 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1773
To amend the Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990, 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
_______________________________________________________________________
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 ``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. FINDINGS 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 in developing hydrogen and fuel
cell technologies;
``(4) it is in the national interest 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 benefit from and 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) fuel cell technology for consumer electronics and
portable power will benefit from, and advance the development
of, hydrogen fuel cell vehicles and supporting infrastructure;
``(7) there is a need for deployment of bridging
technologies that can contribute to reducing petroleum demand
and decreasing air emissions, including--
``(A) gasoline-electric and diesel-electric hybrid
drive systems;
``(B) advanced combustion engines (including clean
diesel), electric battery, and power electronics; and
``(C) alternative fuels and other technologies;
``(8) low-cost hydrogen production, storage, and delivery
facilities are essential to the success of the FreedomCAR
program; and
``(9) vehicle technology development work should be
performed in a manner that is cognizant of consumer acceptance
and marketplace success.
``(b) 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 `FreedomCAR' is the acronym for a Department
initiative in automotive research and development entitled
`Freedom Cooperative Automotive Research'.
``(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. 103. PROGRAM.
``(a) In General.--The Secretary shall conduct a research,
development, demonstration, and commercial application program designed
to accelerate the use of hydrogen and related technologies in
stationary and transportation applications. The goals of the program
shall include--
``(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;
``(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; and
``(3) to enable by 2020 the safe and convenient commercial
production and delivery of hydrogen that will have--
``(A) the capacity to meet the demand for
stationary and mobile hydrogen fuel cells;
``(B) safety and performance characteristics
comparable to other fuels; and
``(C) improved overall efficiency and zero or near
zero emissions when compared to fuels used in 2003.
``(b) Activities.--The program authorized under this section shall
address--
``(1) production of hydrogen from diverse energy sources,
including--
``(A) fossil fuels, in conjunction with carbon
capture and sequestration;
``(B) hydrogen-carrier fuels (including ethanol and
methanol);
``(C) renewable energy resources; and
``(D) nuclear energy;
``(2) delivery of hydrogen or hydrogen-carrier fuels,
including--
``(A) transmission by pipeline and other
distribution methods; and
``(B) safe, convenient, and economic refueling of
vehicles either at central refueling stations or
through distributed on-site generation;
``(3) 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;
``(4) 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
``(5) development, in conjunction with the National
Institute of Standards and Technology, 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.
``(c) Demonstration.--In carrying out the demonstration program
under this section, the Secretary shall fund a limited number of
projects and shall, to the extent practicable--
``(1) select only projects that--
``(A) 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; and
``(B) depend on reliable power from hydrogen to
carry out essential activities; and
``(2) favor projects that--
``(A) lead to the replication of hydrogen
technologies and draw such technologies into the
marketplace;
``(B) integrate in a single project both mobile and
stationary applications of hydrogen fuel cells;
``(C) address the interdependency of demand for
hydrogen fuel cell applications and hydrogen fuel
infrastructure; or
``(D) raise awareness of hydrogen technology among
the public.
``(d) Merit Review.--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.
``(e) Cost Sharing.--(1) 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 research and development
project; and
``(B) 50 percent of the cost of a demonstration project.
``(2) The Secretary may reduce the cost-sharing requirement under
paragraph (1)--
``(A) if the Secretary determines that the project involves
research of a basic or fundamental nature;
``(B) if the Secretary determines that a demonstration or
commercial application project involves unusual technological
risks; or
``(C) for technical analyses or other activities that the
Secretary does not expect to result in a marketable product.
``(3) The Secretary may consider the size of the non-Federal share
in selecting projects.
``SEC. 104. FREEDOM CAR.
``(a) In General.--In coordination with the program under section
103, the Secretary shall carry out a research, development,
demonstration, and commercial application program on advanced vehicle
technologies, to be known as the FreedomCAR program.
``(b) Activities.--The FreedomCAR program shall address--
``(1) engine and emission control systems;
``(2) energy storage, electric propulsion, and hybrid
systems;
``(3) automotive materials;
``(4) clean fuels in addition to hydrogen; and
``(5) other advanced vehicle technologies.
``(c) Demonstration.--Demonstrations involving hydrogen shall be
conducted as part of the program under section 103.
``(d) Merit Review and Cost Sharing.--The Secretary shall carry out
the FreedomCAR program in compliance with sections 103(d) and (e).
``SEC. 105. PLAN.
``Not later than six months after the date of enactment of the
George E. Brown, Jr. and Robert S. Walker Hydrogen Future Act of 2003,
the Secretary shall transmit to the Congress a coordinated plan for the
programs described in sections 103 and 104 and any other programs of
the Department that are directly related to fuel cells or hydrogen. The
plan shall be consistent with the National Hydrogen Energy Roadmap
published by the Department in October of 2002 and shall describe, at a
minimum--
``(1) the agenda for the programs for the next five years,
including what research, development, demonstration, and
commercial application will be conducted to carry out each
activity enumerated in sections 103(b) and 104(b);
``(2) the role national laboratories, institutions of
higher education, small businesses, and other private sector
firms are expected to play in the programs;
``(3) the technical milestones that will be used to
evaluate the programs for the next five years;
``(4) the most significant technical hurdles that stand in
the way of achieving the goals described in section 103(a), and
how the programs will address those hurdles; and
``(5) the policy assumptions that are driving the research
agenda, including any assumptions that would affect the sources
of hydrogen or the marketability of hydrogen-related products.
``SEC. 106. EDUCATION, OUTREACH, AND TECHNOLOGY TRANSFER.
``(a) In General.--The Secretary may carry out programs and
activities for interagency, intergovernmental, and international
education, information exchange, and cooperation related to hydrogen
and hydrogen-related products.
``(b) Technology Transfer.--(1) 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.
``(2) The Secretary shall direct the program authorized by this
subsection 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 George E. Brown, Jr. and Robert S. Walker Hydrogen
Future 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.--
``(1) Implementation.--The interagency task force 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) 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-powered fuel cell vehicles;
and
``(E) conduct an education program to provide
hydrogen and fuel cell information to potential end-
users in coordination with the program under section
106.
``(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 and the Department.
``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 Secretary shall appoint 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.--(1) The Advisory Committee shall review and make
recommendations to the Secretary in a biennial report on--
``(A) the implementation of programs and activities under
this Act; and
``(B) the safety, economical, environmental, and other
consequences of technologies for the production, distribution,
delivery, storage, or use of hydrogen and fuel cells.
``(2) The Secretary shall transmit the report under this subsection
to the Congress along with 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.
``(d) 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. 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 105. 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) Biennial 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 sections 103 and 104 every other year, beginning two
years after the date of enactment of the George E. Brown, Jr. and
Robert S. Walker Hydrogen Future Act of 2003. The entity shall review
the research priorities, technical milestones, and plans for technology
transfer and evaluate the progress toward achieving them. The Secretary
shall transmit each 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. 110. MISCELLANEOUS PROVISIONS.
``(a) Duplication.--The Secretary shall carry out the activities of
this Act in a manner that avoids unnecessary duplication or
displacement of, or competition with private sector activities.
``(b) Other Governments.--In carrying out this Act, the Secretary
may enter into cost-sharing agreements with Federal, State, or local
governments to demonstrate applications using hydrogen and fuel cells.
``(c) 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, 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.
``(d) Regulatory Authority.--Nothing in this Act shall be construed
to alter the regulatory authority of the Department.
``SEC. 111. 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.''.
SEC. 3. REPEAL OF HYDROGEN FUTURE ACT OF 1996.
The Hydrogen Future Act of 1996 is repealed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science.
Referred to the Subcommittee on Energy.
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