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108th CONGRESS
  1st Session
                                 S. 821

  To accelerate the commercialization and widespread use of hydrogen 
       energy and fuel cell technologies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2003

 Mr. Harkin introduced the following bill; which was read twice and 
        referred to the Committee on Energy and Natural ResourcesYYYYYY

_______________________________________________________________________

                                 A BILL


 
  To accelerate the commercialization and widespread use of hydrogen 
       energy and fuel cell technologies, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hydrogen and Fuel 
Cell Energy Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents. 
       TITLE I--HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

Sec. 101. Short title.
Sec. 102. Amendment of the Spark M. Matsunaga Hydrogen Research, 
                            Development, and Demonstration Act of 1990.
                      TITLE II--FEDERAL PURCHASES

Sec. 201. Stationary fuel cells in Federal buildings.
Sec. 202. Zero emission vehicles in Federal fleets.
                       TITLE III--TAX INCENTIVES

Sec. 301. Amendment of 1986 Code.
Sec. 302. Credit for fuel cell and hydrogen motor vehicles.
Sec. 303. Credit for installation of hydrogen fueling stations.
Sec. 304. Credit for retail sale of hydrogen fuel as motor vehicle 
                            fuel.
Sec. 305. Credit for stationary and portable fuel cells.

       TITLE I--HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``George E. Brown, Jr. and Robert S. 
Walker Hydrogen Future Act of 2003''.

SEC. 102. AMENDMENT OF THE SPARK M. MATSUNAGA HYDROGEN RESEARCH, 
              DEVELOPMENT, AND DEMONSTRATION ACT OF 1990.

    The Spark M. Matsunaga Hydrogen Research, Development, and 
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is amended to read 
as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the ``Spark M. 
Matsunaga Hydrogen Research, Development, and Demonstration Act of 
1990''.
    ``(b) Table of Contents.--The table of contents of this Act is as 
follows:

        ``Sec. 1. Short title; table of contents.
        ``Sec. 2. Finding.
        ``Sec. 3. Purposes.
        ``Sec. 4. Definitions.
        ``Sec. 5. Coordination and consultation.
        ``Sec. 6. Advisory panel.
        ``Sec. 7. Interagency task force and coordination plan.
        ``Sec. 8. Review by the National Academy of Sciences.
          ``TITLE I--HYDROGEN ENERGY AND FUEL CELL TECHNOLOGY

        ``Sec. 101. Research and development.
        ``Sec. 102. Demonstrations in conjunction with research and 
                            development.
        ``Sec. 103. Public education, training, and technology 
                            transfer.
        ``Sec. 104. Report.
        ``Sec. 105. Authorization of appropriations.
                       ``TITLE II--DEMONSTRATIONS

        ``Sec. 201. Federal fuel cell and hydrogen infrastructure pilot 
                            projects.
        ``Sec. 202. Hydrogen transportation corridor and regional pilot 
                            projects.
        ``Sec. 203. International demonstrations.
        ``Sec. 204. Demonstrations of renewable production of hydrogen.
        ``Sec. 205. Operation, cost sharing, and reporting.

``SEC. 2. FINDING.

    ``Congress finds that it is in the national interest to accelerate 
introduction of hydrogen energy and fuel cell technologies in order 
to--
            ``(1) increase energy efficiency and security; and
            ``(2) enable the use of clean, domestic, and renewable 
        energy sources.

``SEC. 3. PURPOSES.

    ``The purposes of this Act are--
            ``(1) to direct the Secretary to conduct a research, 
        development, demonstration, and commercial application program 
        on hydrogen production, delivery, storage, and use technologies 
        and fuel cell technologies;
            ``(2) to accelerate the commercialization and widespread 
        use of hydrogen energy and fuel cell technologies in 
        transportation, commercial, industrial, residential, and 
        utility applications, in order to--
                    ``(A) reduce the life cycle pollution and 
                greenhouse gas emissions from energy use;
                    ``(B) enable widespread use of renewable energy 
                sources by allowing clean, efficient, and flexible 
                storage, transportation, and use of the energy; and
                    ``(C) promote the energy security of the United 
                States through use of domestic energy sources and 
                distributed energy infrastructure;
            ``(3) to reduce the costs of fuel cell stacks and of 
        hydrogen fuel;
            ``(4) to improve hydrogen storage and other critical 
        technologies;
            ``(5) to enable the economical and environmentally sound 
        use of renewable resources for the production of hydrogen; and
            ``(6) to ensure the coordinated availability of hydrogen-
        powered vehicles and the necessary refueling infrastructure.

``SEC. 4. DEFINITIONS.

    ``In this Act:
            ``(1) Department.--The term `Department' means the 
        Department of Energy.
            ``(2) Panel.--The term `Panel' means the Hydrogen and Fuel 
        Cells Technical Advisory Panel established by section 107(a).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Energy.

``SEC. 5. COORDINATION AND CONSULTATION.

    ``(a) Responsibility of Secretary.--
            ``(1) In general.--The Secretary shall have overall 
        management responsibility for carrying out this Act.
            ``(2) Administrative actions.--In carrying out this Act--
                    ``(A) the Secretary shall establish a central point 
                for the coordination of all hydrogen energy and fuel 
                cell research, development, and demonstration 
                activities of the Department;
                    ``(B) the Secretary and the Panel may obtain 
                assistance from, any other Federal agency--
                            ``(i) on a reimbursable or nonreimbursable 
                        basis; and
                            ``(ii) with the consent of the Federal 
                        agency; and
                    ``(C) the Secretary shall consult with--
                            ``(i) other Federal agencies, as 
                        appropriate; and
                            ``(ii) the Panel.
    ``(b) Duplication.--The Secretary shall ensure, to the maximum 
extent practicable, that activities under this Act do not--
            ``(1) duplicate any available research and development 
        results; or
            ``(2) displace or compete with privately-funded hydrogen 
        and fuel cell energy activities.

``SEC. 6. ADVISORY PANEL.

    ``(a) Establishment.--There is established an advisory panel, to be 
known as the `Hydrogen and Fuel Cells Technical Advisory Panel', to 
advise the Secretary in carrying out this Act.
    ``(b) Membership.--
            ``(1) In general.--The Secretary shall appoint to the Panel 
        not fewer than 9 nor more than 15 members, based on technical 
        and other qualifications, from--
                    ``(A) domestic industry;
                    ``(B) universities;
                    ``(C) professional societies;
                    ``(D) Federal laboratories;
                    ``(E) financial institutions;
                    ``(F) environmental organizations; and
                    ``(G) such other organizations as the Secretary 
                determines to be appropriate.
            ``(2) Terms.--
                    ``(A) In general.--The term of a member of the 
                Panel shall not be more than 3 years.
                    ``(B) Staggered terms.--The Secretary may appoint 
                members of the Panel 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 Panel.
                    ``(C) Reappointment.--A member of the Panel whose 
                term expires may be reappointed.
            ``(3) Chairperson.--The Panel shall select a Chairperson 
        from among the members of the Panel.
    ``(c) Review and Recommendations.--
            ``(1) In general.--The Panel shall review and make any 
        necessary recommendations to the Secretary on--
                    ``(A) the implementation and conduct of programs 
                under this Act;
                    ``(B) the economic, technological, and 
                environmental consequences of the deployment of 
                hydrogen production, delivery, and use technologies and 
                fuel cell technologies; and
                    ``(C) the coordination plan prepared by the task 
                force under section 7(c).
            ``(2) Consideration by secretary.--
                    ``(A) In general.--The Secretary shall consider, 
                but shall not be required to adopt, any recommendation 
                of the Panel under paragraph (1).
                    ``(B) Report.--The Secretary shall include in the 
                report under section 104--
                            ``(i) for each recommendation of the Panel 
                        implemented by the Secretary, a description of 
                        the progress made in implementing the 
                        recommendation; and
                            ``(ii) for each recommendation of the Panel 
                        that is not implemented by the Secretary, an 
                        explanation of the reasons why the 
                        recommendation was not implemented.
    ``(d) Support.--The Secretary shall provide such staff, funds, and 
other assistance as are necessary to enable the Panel to carry out the 
responsibilities of the Panel.

``SEC. 7. INTERAGENCY TASK FORCE AND COORDINATION PLAN.

    ``(a) Establishment.--Not later than 120 days after the date of 
enactment of the Hydrogen and Fuel Cell Energy Act of 2003, the 
President shall establish an interagency task force to coordinate 
Federal hydrogen and fuel cell energy activities.
    ``(b) Membership.--The task force shall include--
            ``(1) the Director of the Office of Science and Technology 
        Policy, who shall act as chairperson; and
            ``(2) representatives of--
                    ``(A) the Department of Energy;
                    ``(B) the Department of Transportation;
                    ``(C) the Department of Defense;
                    ``(D) the Department of Commerce (including the 
                National Institute for Standards and Technology);
                    ``(E) the Environmental Protection Agency;
                    ``(F) the National Aeronautics and Space 
                Administration;
                    ``(G) the Department of State; and
                    ``(H) such other Federal agencies as the President 
                considers appropriate.
    ``(c) Coordination Plan.--The task force shall prepare a 
comprehensive coordination plan for Federal hydrogen and fuel cell 
energy activities, which shall include a summary of those activities.
    ``(d) Report.--Not later than 1 year after the date on which the 
President establishes the task force, the task force shall submit to 
Congress a report that includes--
            ``(1) the coordination plan under subsection (c); and
            ``(2) a description of actions taken to ensure interagency 
        coordination of Federal hydrogen and fuel cell energy 
        activities.

``SEC. 8. REVIEW BY THE NATIONAL ACADEMY OF SCIENCES.

    ``Not later than June 30, 2006, and at least every 4 years 
thereafter, the National Academy of Sciences shall--
            ``(1) complete a review of--
                    ``(A) the progress made through Federal hydrogen 
                and fuel cell energy programs and activities; and
                    ``(B) the need for modified or additional programs; 
                and
            ``(2) submit to Congress a report that describes the 
        results of the review.

          ``TITLE I--HYDROGEN ENERGY AND FUEL CELL TECHNOLOGY

``SEC. 101. RESEARCH AND DEVELOPMENT.

    ``(a) Program.--The Secretary shall carry out a research and 
development program relating to hydrogen production, delivery, storage, 
and use technologies and fuel cell technologies, the goal of which 
program shall be to enable the safe, economical, and environmentally 
sound use of hydrogen energy and fuel cells for industrial, commercial, 
residential, transportation, and utility applications.
    ``(b) Research and Development Areas.--In carrying out the program 
under subsection (a), the Secretary shall focus on critical technical 
issues, including--

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