I

107TH CONGRESS

1ST SESSION H. R. 2174

To reauthorize and amend the Spark M. Matsunaga Hydrogen Research,

Development, and Demonstration Act of 1990, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 2001

Mr. CALVERT (for himself, Ms. WOOLSEY, Mr. BOEHLERT, Mr. SMITH of

Michigan, Mr. BARTLETT of Maryland, Mr. EHLERS, Mr. LARSON of

Connecticut, Mr. PETERSON of Minnesota, Mrs. MORELLA, Mrs.

BIGGERT, Mr. BACA, Ms. RIVERS, Mr. HALL of Texas, and Mr. GARY

G. MILLER of California) introduced the following bill; which was referred

to the Committee on Science

A BILL

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

1990, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Robert S. Walker and

5 George E. Brown, Jr. Hydrogen Energy Act of 2001’’.
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1 SEC. 2. PURPOSES.

2 Section 102(b) of the Spark M. Matsunaga Hydrogen

3 Research, Development, and Demonstration Act of 1990

4 is amended to read as follows:

5 ‘‘(b) PURPOSES.—The purposes of this Act are—

6 ‘‘(1) to direct the Secretary to conduct re7 search, development, and demonstration activities

8 leading to the production, storage, transportation,

9 and use of hydrogen for industrial, commercial, resi10 dential, transportation, and utility applications;

11 ‘‘(2) to direct the Secretary to develop a pro12 gram of technology assessment, information dissemi13 nation, and education in which Federal, State, and

14 local agencies, members of the energy, transpor15 tation, and other industries, and other entities may

16 participate; and

17 ‘‘(3) to develop methods of hydrogen production

18 that minimize adverse environmental impacts, in19 cluding efficient and cost-effective production from

20 renewable and nonrenewable energy resources.’’.

21 SEC. 3. DEFINITIONS.

22 Section 102(c) of the Spark M. Matsunaga Hydrogen

23 Research, Development, and Demonstration Act of 1990

24 is amended—

25 (1) by redesignating paragraphs (1) through

26 (3) as paragraphs (2) through (4), respectively; and
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1 (2) by inserting before paragraph (2), as so re2 designated by paragraph (1) of this section, the fol3 lowing new paragraph:

4 ‘‘(1) ‘advisory board’ means the advisory board

5 established under section 108;’’.

6 SEC. 4. REPORTS TO CONGRESS.

7 Section 103 of the Spark M. Matsunaga Hydrogen

8 Research, Development, and Demonstration Act of 1990

9 is amended to read as follows:

10 ‘‘SEC. 103. REPORTS TO CONGRESS.

11 ‘‘(a) REQUIREMENT.—Not later than 1 year after the

12 date of the enactment of the Robert S. Walker and George

13 E. Brown, Jr. Hydrogen Energy Act of 2001, and annu14 ally thereafter, the Secretary shall transmit to Congress

15 a detailed report on the status and progress of the pro16 grams and activities authorized under this Act.

17 ‘‘(b) CONTENTS.—A report under subsection (a) shall

18 include, in addition to any views and recommendations of

19 the Secretary—

20 ‘‘(1) an analysis of Federal, State, and local hy21 drogen-related research and development activities to

22 identify productive areas for increased intergovern23 mental collaboration;

24 ‘‘(2) a determination of the effectiveness of the

25 technology assessment, information dissemination,
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1 and education program established under section

2 106; and

3 ‘‘(3) recommendations of the advisory board for

4 any improvements needed in the programs and ac5 tivities authorized by this Act.’’.

6 SEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT.

7 Section 104 of the Spark M. Matsunaga Hydrogen

8 Research, Development, and Demonstration Act of 1990

9 is amended to read as follows:

10 ‘‘SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.

11 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary

12 shall conduct a hydrogen research and development pro13 gram relating to production, storage, transportation, and

14 use of hydrogen, with the goal of enabling the private sec15 tor to demonstrate the technical feasibility of using hydro16 gen for industrial, commercial, residential, transportation,

17 and utility applications.

18 ‘‘(b) ELEMENTS.—In conducting the program au19 thorized by this section, the Secretary shall—

20 ‘‘(1) give particular attention to developing an

21 understanding and resolution of critical technical

22 issues preventing the introduction of hydrogen into

23 the marketplace;

24 ‘‘(2) initiate or accelerate existing research and

25 development in critical technical issues that will con-
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1 tribute to the development of more economical hy2 drogen production, storage, transportation, and use,

3 including critical technical issues with respect to

4 production (giving priority to those production tech5 niques that use renewable energy resources as their

6 primary source of energy for hydrogen production),

7 liquefaction, transmission, distribution, storage, and

8 use (including use of hydrogen in surface transpor9 tation); and

10 ‘‘(3) survey private sector and public sector hy11 drogen research and development activities world12 wide, and take steps to ensure that research and de13 velopment activities under this section do not—

14 ‘‘(A) duplicate any available research and

15 development results; or

16 ‘‘(B) displace or compete with the privately

17 funded hydrogen research and development ac18 tivities of United States industry.

19 ‘‘(c) EVALUATION OF TECHNOLOGIES.—The Sec20 retary shall evaluate, for the purpose of determining

21 whether to undertake or fund research and development

22 activities under this section, any reasonable new or im23 proved technology that could lead or contribute to the de24 velopment of economical hydrogen production, storage,

25 transportation, and use.
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1 ‘‘(d) COMPETITIVE PEER REVIEW.—The Secretary

2 shall carry out or fund research and development activities

3 under this section only on a competitive basis using peer

4 review.

5 ‘‘(e) COST SHARING.—The Secretary shall require,

6 for research and development activities carried out by in7 dustry under this section, a commitment from non-Federal

8 sources of at least 20 percent of the cost of the project.’’.

9 SEC. 6. DEMONSTRATIONS.

10 Section 105(c) of the Spark M. Matsunaga Hydrogen

11 Research, Development, and Demonstration Act of 1990

12 is amended by inserting ‘‘NON-FEDERAL FUNDING RE13 QUIREMENT.—’’ after ‘‘(c)’’.

14 SEC. 7. TECHNOLOGY TRANSFER.

15 Section 106 of the Spark M. Matsunaga Hydrogen

16 Research, Development, and Demonstration Act of 1990

17 is amended to read as follows:

18 ‘‘SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DIS19 SEMINATION, AND EDUCATION PROGRAM.

20 ‘‘(a) PROGRAM.—The Secretary shall, in consultation

21 with the advisory board, conduct a program designed to

22 accelerate wider application of hydrogen production, stor23 age, transportation, and use technologies, including appli24 cation in foreign countries to increase the global market
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1 for the technologies and foster global economic develop2 ment without harmful environmental effects.

3 ‘‘(b) INFORMATION.—The Secretary, in carrying out

4 the program authorized by subsection (a), shall—

5 ‘‘(1) undertake an update of the inventory and

6 assessment, required under section 106(b)(1) of this

7 Act as in effect before the date of the enactment of

8 the Robert S. Walker and George E. Brown, Jr. Hy9 drogen Energy Act of 2001, of hydrogen tech10 nologies and their commercial capability to economi11 cally produce, store, transport, or use hydrogen in

12 industrial, commercial, residential, transportation,

13 and utility sectors;

14 ‘‘(2) develop, with other Federal agencies as ap15 propriate and industry, an information exchange

16 program to improve technology transfer for hydro17 gen production, storage, transportation, and use,

18 which may consist of workshops, publications, con19 ferences, and a database for the use by the public

20 and private sectors; and

21 ‘‘(3) foster the exchange of generic, nonpropri22 etary hydrogen production, storage, transportation,

23 and use information and technology among industry,

24 academia, and Federal, State, and local govern25 ments.’’.
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1 SEC. 8. COORDINATION AND CONSULTATION.

2 Section 107 of the Spark M. Matsunaga Hydrogen

3 Research, Development, and Demonstration Act of 1990

4 is amended—

5 (1) in subsection (a), by striking ‘‘management

6 responsibility—’’ and all that follows through ‘‘(2)’’

7 and inserting ‘‘management responsibility’’; and

8 (2) by amending subsection (c) to read as fol9 lows:

10 ‘‘(c) CONSULTATION.—The Secretary shall consult

11 with other Federal agencies as appropriate, and the advi12 sory board, in carrying out the Secretary’s authorities pur13 suant to this Act.’’.

14 SEC. 9. ADVISORY BOARD.

15 Section 108 of the Spark M. Matsunaga Hydrogen

16 Research, Development, and Demonstration Act of 1990

17 is amended to read as follows:

18 ‘‘SEC. 108. ADVISORY BOARD.

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall enter

20 into appropriate arrangements with the National Academy

21 of Sciences to establish an advisory board consisting of

22 experts drawn from domestic industry, academia, Govern23 mental laboratories, and financial, environmental, and

24 other organizations, as appropriate, to review and advise

25 on the progress made through the programs and activities

26 authorized under this Act.
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1 ‘‘(b) COOPERATION.—The heads of Federal agencies

2 shall cooperate with the advisory board in carrying out

3 this section and shall furnish to the advisory board such

4 information as the advisory board reasonably deems nec5 essary to carry out this section.

6 ‘‘(c) REVIEW.—The advisory board shall review and

7 make any necessary recommendations to the Secretary

8 on—

9 ‘‘(1) the implementation and conduct of pro10 grams and activities authorized under this Act; and

11 ‘‘(2) the economic, technological, and environ12 mental consequences of the deployment of hydrogen

13 production, storage, transportation, and use sys14 tems.’’.

15 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

16 Section 109 of the Spark M. Matsunaga Hydrogen

17 Research, Development, and Demonstration Act of 1990

18 is amended to read as follows:

19 ‘‘SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) RESEARCH AND DEVELOPMENT; ADVISORY

21 BOARD.—There are authorized to be appropriated to the

22 Secretary to carry out sections 104 and 108—

23 ‘‘(1) $40,000,000 for fiscal year 2002;

24 ‘‘(2) $45,000,000 for fiscal year 2003;

25 ‘‘(3) $50,000,000 for fiscal year 2004;
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1 ‘‘(4) $55,000,000 for fiscal year 2005; and

2 ‘‘(5) $60,000,000 for fiscal year 2006.

3 ‘‘(b) DEMONSTRATION.—There are authorized to be

4 appropriated to the Secretary to carry out section 105—

5 ‘‘(1) $20,000,000 for fiscal year 2002;

6 ‘‘(2) $25,000,000 for fiscal year 2003;

7 ‘‘(3) $30,000,000 for fiscal year 2004;

8 ‘‘(4) $35,000,000 for fiscal year 2005; and

9 ‘‘(5) $40,000,000 for fiscal year 2006.’’.

10 SEC. 11. REPEAL.

11 (a) REPEAL.—Title II of the Hydrogen Future Act

12 of 1996 is repealed.

13 (b) CONFORMING AMENDMENT.—Section 2 of the

14 Hydrogen Future Act of 1996 is amended by striking ‘‘ti15 tles II and III’’ and inserting ‘‘title III’’.

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