Hydrogen Future Act of 1993

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydrogen Future Act of 1993''.

SEC. 2. FINDINGS, PURPOSE, DEFINITIONS.

    (a) Findings.--The Congress finds that--
            (1) fossil fuels, the main energy source of the present, 
        have provided this country with tremendous supply, but are 
        limited and polluting, and their production and utilization 
        technologies are mature;
            (2) the basic scientific fundamentals are needed for 
        private sector investment in and commercialization of new and 
        better energy sources and enabling technologies;
            (3) hydrogen holds tremendous promise as a new and better 
        energy source as it secures an infinite supply from water and 
        combusts purely to water;
            (4) under current technological capability, the energy 
        required to produce hydrogen is greater than the potential 
        energy of the hydrogen produced;
            (5) the hydrogen production efficiency dilemma is the major 
        technical barrier to society collectively benefiting from one 
        of the great energy sources of the future;
            (6) an aggressive, results-oriented multiyear research 
        initiative on efficient hydrogen fuel production and use is in 
        order;
            (7) the current $4,500,000 per year Federal effort is 
        wholly inadequate to the technically daunting task at hand;
            (8) an annual $100,000,000 multiyear authorization offset 
        by a reallocation of resources from more mature fossil 
        technologies is justified; and
            (9) the national interest demands the acceleration of 
        research, development, and demonstration efforts that will make 
        possible the near-term commercial introduction of hydrogen into 
        the current energy consumption system in order to increase 
        supply to support economic growth, decrease airborne emissions 
        from mobile and stationary sources, improve fuel efficiency, 
        and invigorate industries that can develop hydrogen enabling 
        technologies that will lead to new markets and jobs, and that 
        will provide stimulus for the transfer of information and 
        relevant technology from the space and aerospace industries to 
        the broader energy and transportation market.
    (b) Purpose.--The purpose of the Act is to provide the fundamental 
scientific basis to support the development of commercial, economically 
feasible technologies for the production and use of hydrogen as a zero- 
or low-emission power source on a national scale by the year 1998.
    (c) Definitions.--As used in this Act--
            (1) the term ``Secretary'' means the Secretary of Energy;
            (2) the term ``United States'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States; and
            (3) the term ``United States company'' means a business 
        entity that is incorporated in the United States and that 
        conducts business operations in the United States.

SEC. 3. CONSULTATION.

    The Secretary shall consult with the Department of Energy's 
Hydrogen Technical Advisory Panel established under section 108 of 
Public Law 101-566 as necessary in implementing this Act.

SEC. 4. RESEARCH AND DEVELOPMENT ACTIVITIES.

    (a) Production.--The Secretary shall support industrial hydrogen 
energy production research and development in the following areas:
            (1) Photoconversion:
                    (A) Photochemical.
                    (B) Photoelectrochemical.
                    (C) Photobiological.
            (2) Coal gasification and hydrogen purification.
            (3) Bioconversion:
                    (A) Biomass growth, harvesting, and conversion.
                    (B) Municipal solid waste and sewage sludge 
                disposal.
            (4) ``Water-cracking'' using the excess capacity at 
        hydropower and nuclear electricity production facilities during 
        off-peak hours.
            (5) Fuel cell power plants suitable for vehicle propulsion.
            (6) Fuel cell systems for stationary applications.
    (b) Use.--The Secretary shall support industrial hydrogen energy 
use research and development in the following areas, including funding 
for at least one technical demonstration in each such area:
            (1) Economically feasible, low-emission motor vehicles 
        using hydrogen as a combustible power supply, either in pure 
        form or mixed with other fuels (such as methane).
            (2) Economically feasible, zero-emission automotive and 
        locomotive engines using hydrogen as a constituent for the 
        release of chemical energy.
            (3) Electricity generation using hydrogen as a fuel source 
        for utility applications.
            (4) Heating and cooling using hydrogen as a fuel source for 
        building and appliance applications.
            (5) Stationary power generation using hydrogen as a fuel 
        source for industrial applications.
    (c) Schedule.--Within 90 days after the date of enactment of this 
Act, the Secretary shall solicit proposals for carrying out the 
research, development, and demonstration activities authorized under 
subsections (a) and (b). Awards of financial assistance for such 
activities shall be made within 1 year after such date of enactment.
    (d) Restrictions on Recipients.--Financial assistance may be 
awarded under this section only to United States companies or consortia 
of United States companies, alone or in conjunction with universities 
and independent nonprofit research organizations. Awards under 
subsection (a) may be made separately for each area described in 
paragraphs (1) through (6) of that subsection or collectively for more 
than 1 or all such areas. Awards for technical demonstrations under 
subsection (b) shall be made separately for each area described in 
paragraphs (1) through (5) of that subsection.
    (e) Procedures.--(1) Except as otherwise provided in this Act, 
research, development, and demonstration activities under this Act may 
be carried out using the procedures of the Federal Nonnuclear Research 
and Development Act of 1974 (42 U.S.C. 5901-5920), the Atomic Energy 
Act of 1954 (42 U.S.C. 2011 et seq.), or any other Act under which the 
Secretary is authorized to carry out such activities.
    (2) Except as otherwise provided in this Act, in carrying out 
research, development, and demonstration programs and activities under 
this Act, the Secretary may use, to the extent authorized under 
applicable provisions of law, contracts, cooperative agreements, 
cooperative research and development agreements under the Stevenson-
Wydler Technology Innovation Act of 1980, grants, joint ventures, and 
any other form of agreement available to the Secretary.
    (3) For purposes of this subsection, the term ``joint venture'' has 
the meaning given the term ``joint research and development venture'' 
under section 2(a)(6) and (b) of the National Cooperative Research Act 
of 1984 (15 U.S.C. 4301(a)(6) and (b)).
    (f) Antitrust.--The National Cooperative Research Act of 1984 (15 
U.S.C. 4301 et seq.) shall apply to consortia supported under this Act.
    (g) Cost Sharing.--(1) The Secretary shall require at least 50 
percent of the costs directly and specifically related to any research, 
development, or demonstration project under this Act to be provided 
from non-Federal sources.
    (2) The Secretary shall also require that at least 50 percent of 
the non-Federal share of the costs related to any research, 
development, or demonstration project under this Act be provided by 
United States companies.

SEC. 5. HIGHLY INNOVATIVE TECHNOLOGIES.

    Of the amounts made available for carrying out section 4 of this 
Act, up to 5 percent may be used to support research on highly 
innovative energy technologies, including those based on yet unproven 
scientific theory. Amounts so transferred under this section shall not 
be subject to the requirements stated in section 4.

SEC. 6. TECHNOLOGY TRANSFER.

    The Secretary shall foster the exchange of generic, nonproprietary 
information and technology developed pursuant to section 4 or other 
similar Federal programs (including activities under the Automotive 
Propulsion Research and Development Act of 1978, the National Aero-
Space Plane program, and programs carried out under section 2025 of the 
Energy Policy Act of 1992) among industry, academia, and the Federal 
Government with regard to the production and use of hydrogen.

SEC. 7. PROTECTION OF INFORMATION AND PATENTS.

    For purposes of this Act, the provisions of chapter 18 of title 35, 
United States Code (popularly referred to as the Bayh-Dole Act) shall 
apply to United States companies as if they were small business firms 
under the provisions of such chapter 18.

SEC. 8. REPORT TO CONGRESS.

    (a) Requirement.--Within 18 months after the date of enactment of 
this Act, and annually thereafter, the Secretary shall present Congress 
with a detailed report on the status and progress of the programs 
created under this Act. As part of this report, the Secretary shall 
include an analysis of the effectiveness of the Department's hydrogen 
research and development programs, an enumeration of improvements that 
could be made to such programs, and recommendations for any legislation 
necessary to accomplish those improvements.
    (b) Coordination With Defense Programs.--As part of the report 
required under subsection (a), Department of Defense research and 
development programs that involve issues of hydrogen-based power, 
especially within the Air Force and the Defense Advanced Research 
Projects Agency, shall be analyzed by the Secretary for coordination 
and cooperation with the programs created under this Act.
    (c) Coordination With NASA Programs.--As part of the report 
required under subsection (a), National Aeronautics and Space 
Administration research and development programs that involve issues of 
hydrogen-based power shall be analyzed by the Secretary for 
coordination and cooperation with the programs created under this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorization.--There are authorized to be appropriated 
for each of the fiscal years 1994 through 1998, to carry out the 
purposes of this Act (in addition to any amounts made available for 
such purposes under other Acts) $100,000,000, of which 60 percent is 
authorized only for activities under section 4(a) and 40 percent is 
authorized for activities under section 4(b).
    (b) Related Authorizations.--For fiscal year 1994, the amount 
authorized to be appropriated to carry out subtitle A of title XIII of 
the Energy Policy Act of 1992 (Public Law 102-486) shall be 175 percent 
of the amount authorized for such fiscal year under subsection (a) of 
this section. For fiscal year 1995, the amount authorized to be 
appropriated to carry out subtitle A of title XIII of the Energy Policy 
Act of 1992 (Public Law 102-486) shall be 175 percent of the amount 
appropriated for fiscal year 1994 under subsection (a) of this section. 
For fiscal year 1996, the amount authorized to be appropriated to carry 
out subtitle A of title XIII of the Energy Policy Act of 1992 (Public 
Law 102-486) shall be 150 percent of the amount appropriated for fiscal 
year 1995 under subsection (a) of this section. For fiscal year 1997, 
the amount authorized to be appropriated to carry out subtitle A of 
title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall 
be 125 percent of the amount appropriated for fiscal year 1996 under 
subsection (a) of this section. For fiscal year 1998, the amount 
authorized to be appropriated to carry out subtitle A of title XIII of 
the Energy Policy Act of 1992 (Public Law 102-486) shall be 100 percent 
of the amount appropriated for fiscal year 1997 under subsection (a) of 
this section.

Summary: Hydrogen Future Act of 1993 - Directs the Secretary of Energy to support industrial hydrogen energy production research and development, including specified power source technical demonstrations (such as motor vehicles and electricity generation).