I 

108TH CONGRESS 

1ST SESSION H. R. 1777

To provide for the establishment at the Department of Energy of a program 

for hydrogen fuel cell vehicles and infrastructure, 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, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for the establishment at the Department of Energy of a program for hydrogen fuel cell vehicles and 

infrastructure, 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. DEFINITIONS. 

4 In this Act: 

5 (1) The term ‘‘Advisory Committee’’ means the 

6 Hydrogen Technical and Fuel Cell Advisory Com7 mittee established under section 5 of this Act. 
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1 (2) The term ‘‘Department’’ means the Depart2 ment of Energy. 

3 (3) The term ‘‘fuel cell’’ means a device that di4 rectly converts the chemical energy of a fuel and an 

5 oxidant into electricity by an electrochemical process 

6 taking place at separate electrodes in the device. 

7 (4) The term ‘‘infrastructure’’ means the equip8 ment, systems, or facilities used to produce, dis9 tribute, deliver, or store hydrogen and other ad10 vanced clean fuels. 

11 (5) The term ‘‘light duty vehicle’’ means a car 

12 or truck, classified by the Department of Transpor13 tation as a Class I or IIA vehicle. 

14 (6) The term ‘‘Secretary’’ means the Secretary 

15 of Energy. 

16 SEC. 2. PLAN. 

17 Not later than six months after the date of enactment 

18 of this Act, the Secretary shall transmit to the Congress 

19 a coordinated plan for the programs described in this Act 

20 and any other programs of the Department that are di21 rectly related to fuel cells or hydrogen. The plan shall de22 scribe, at a minimum—

23 (1) the agenda for the next five years for the 

24 programs authorized under this Act, including the 

25 agenda for each activity enumerated in section 3(a); 
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1 (2) the types of entities that will carry out the 

2 activities under this Act and what role each entity 

3 is expected to play; 

4 (3) the milestones that will be used to evaluate 

5 the programs for the next five years; 

6 (4) the most significant technical and nontech7 nical hurdles that stand in the way of achieving the 

8 goals described in section 3(b), and how the pro9 grams will address those hurdles; and 

10 (5) the policy assumptions that are implicit in 

11 the plan, including any assumptions that would af12 fect the sources of hydrogen or the marketability of 

13 hydrogen-related products. 

14 SEC. 3. PROGRAM. 

15 (a) ACTIVITIES.—The Secretary, in partnership with 

16 the private sector, shall conduct a program to address—

17 (1) production of hydrogen from diverse energy 

18 sources, including—

19 (A) fossil fuels, which may include carbon 

20 capture and sequestration; 

21 (B) hydrogen-carrier fuels (including eth22 anol and methanol); 

23 (C) renewable energy resources; and 

24 (D) nuclear energy; 
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1 (2) the safe delivery of hydrogen or hydrogen2 carrier fuels, including—

3 (A) transmission by pipeline and other dis4 tribution methods; and 

5 (B) convenient and economic refueling of 

6 vehicles either at central refueling stations or 

7 through distributed on-site generation; 

8 (3) advanced vehicle technologies, including—

9 (A) engine and emission control systems; 

10 (B) energy storage, electric propulsion, and 

11 hybrid systems; 

12 (C) automotive materials; 

13 (D) clean fuels in addition to hydrogen; 

14 and 

15 (E) other advanced vehicle technologies; 

16 (4) storage of hydrogen or hydrogen-carrier 

17 fuels, including development of materials for safe 

18 and economic storage in gaseous, liquid, or solid 

19 form at refueling facilities and onboard vehicles; 

20 (5) development of safe, durable, affordable, 

21 and efficient fuel cells, including research and devel22 opment on fuel-flexible fuel cell power systems, im23 proved manufacturing processes, high-temperature 

24 membranes, cost-effective fuel processing for natural 
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1 gas, fuel cell stack and system reliability, low tem2 perature operation, and cold start capability; and 

3 (6) development of necessary codes and stand4 ards (including international codes and standards) 

5 and safety practices for the production, distribution, 

6 storage, and use of hydrogen, hydrogen-carrier fuels 

7 and related products. 

8 (b) PROGRAM GOALS.—

9 (1) VEHICLES.—For vehicles, the goals of the 

10 program are—

11 (A) to enable a commitment by auto12 makers no later than year 2015 to offer safe, 

13 affordable, and technically viable hydrogen fuel 

14 cell vehicles in the mass consumer market; and 

15 (B) to enable production, delivery, and ac16 ceptance by consumers of model year 2020 hy17 drogen fuel cell and other vehicles that will 

18 have—

19 (i) a range of at least three hundred 

20 miles; 

21 (ii) improved performance and ease of 

22 driving; 

23 (iii) safety and performance com24 parable to vehicle technologies in the mar25 ket; 
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1 (iv) when compared to light duty vehi2 cles in model year 2003—

3 (I) a fuel economy that is two 

4 and one half times the equivalent fuel 

5 economy of comparable light duty ve6 hicles in model year 2003; and 

7 (II) near zero emissions of air 

8 pollutants; and 

9 (v) vehicle fuel system crash integrity 

10 and occupant protection. 

11 (2) HYDROGEN ENERGY AND ENERGY INFRA12 STRUCTURE.—For hydrogen energy and energy in13 frastructure, the goals of the program are to enable 

14 a commitment not later than 2015 that will lead to 

15 infrastructure by 2020 that will provide—

16 (A) safe and convenient refueling; 

17 (B) improved overall efficiency; 

18 (C) widespread availability of hydrogen 

19 from domestic energy sources through—

20 (i) production, with consideration of 

21 emissions levels;

22 (ii) delivery, including transmission by 

23 pipeline and other distribution methods for 

24 hydrogen; and 
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1 (iii) storage, including storage in sur2 face transportation vehicles; 

3 (D) hydrogen for fuel cells, internal com4 bustion engines, and other energy conversion 

5 devices for portable, stationary, and transpor6 tation applications; and 

7 (E) other technologies consistent with the 

8 Department’s plan. 

9 (3) FUEL CELLS.—The goals for fuel cells and 

10 their portable, stationary, and transportation appli11 cations are to enable—

12 (A) safe, economical, and environmentally 

13 sound hydrogen fuel cells; 

14 (B) fuel cells for light duty and other vehi15 cles; and 

16 (C) other technologies consistent with the 

17 Department’s plan. 

18 (c) DEMONSTRATION.—In carrying out the program 

19 under this section, the Secretary shall fund a limited num20 ber of demonstration projects. In selecting projects under 

21 this subsection, the Secretary shall, to the extent prac22 ticable and in the public interest, select projects that—

23 (1) involve using hydrogen and related products 

24 at facilities or installations that would exist without 

25 the demonstration program, such as existing office 
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1 buildings, military bases, vehicle fleet centers, tran2 sit bus authorities, or parks; 

3 (2) depend on reliable power from hydrogen to 

4 carry out essential activities; 

5 (3) lead to the replication of hydrogen tech6 nologies and draw such technologies into the market7 place; 

8 (4) integrate in a single project both mobile and 

9 stationary applications of hydrogen fuel cells; 

10 (5) address the interdependency of demand for 

11 hydrogen fuel cell applications and hydrogen fuel in12 frastructure; and 

13 (6) raise awareness of hydrogen technology 

14 among the public. 

15 (d) DEPLOYMENT.—In carrying out the program 

16 under this section, the Secretary shall, in partnership with 

17 the private sector, conduct activities to facilitate the de18 ployment of—

19 (1) hydrogen energy and energy infrastructure; 

20 (2) fuel cells; 

21 (3) advanced vehicle technologies; and 

22 (4) clean fuels in addition to hydrogen. 

23 (e) FUNDING.—(1) The Secretary shall carry out the 

24 program under this section using a competitive, merit-re25 view process and consistent with the generally applicable 
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1 Federal laws and regulations governing awards of finan2 cial assistance, contracts, or other agreements. 

3 (2) Activities under this section may be carried out 

4 by funding nationally recognized university-based research 

5 centers. 

6 (3) The Secretary shall endeavor to avoid duplication 

7 or displacement of other research and development pro8 grams and activities. 

9 (f) COST SHARING.—

10 (1) REQUIREMENT.—For projects carried out 

11 through grants, cooperative agreements, or contracts 

12 under this section, the Secretary shall require a 

13 commitment from non-Federal sources of at least—

14 (A) 20 percent of the cost of a project, ex15 cept projects carried out under subsections (c) 

16 and (d); and 

17 (B) 50 percent of the cost of a project car18 ried out under subsection (c) or (d). 

19 (2) REDUCTION.—The Secretary may reduce 

20 the non-Federal requirement under paragraph (1) if 

21 the Secretary determines that—

22 (A) the reduction is appropriate consid23 ering the technological risks involved; or 
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1 (B) the project is for technical analyses or 

2 other activities that the Secretary does not ex3 pect to result in a marketable product. 

4 (3) SIZE OF NON-FEDERAL SHARE.—The Sec5 retary may consider the size of the non-Federal 

6 share in selecting projects. 

7 SEC. 4. INTERAGENCY TASK FORCE. 

8 (a) ESTABLISHMENT.—Not later than 120 days after 

9 the date of enactment of this Act, the President shall es10 tablish an interagency task force chaired by the Secretary 

11 or his designee with representatives from each of the fol12 lowing: 

13 (1) The Office of Science and Technology Pol14 icy within the Executive Office of the President. 

15 (2) The Department of Transportation. 

16 (3) The Department of Defense. 

17 (4) The Department of Commerce (including 

18 the National Institute of Standards and Tech19 nology). 

20 (5) The Environmental Protection Agency. 

21 (6) The National Aeronautics and Space Ad22 ministration. 

23 (7) Other Federal agencies as the Secretary de24 termines appropriate. 

25 (b) DUTIES.—
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1 (1) PLANNING.—The interagency task force 

2 shall work toward—

3 (A) a safe, economical, and environ4 mentally sound fuel infrastructure for hydrogen 

5 and hydrogen-carrier fuels, including an infra6 structure that supports buses and other fleet 

7 transportation; 

8 (B) fuel cells in government and other ap9 plications, including portable, stationary, and 

10 transportation applications; 

11 (C) distributed power generation, including 

12 the generation of combined heat, power, and 

13 clean fuels including hydrogen; 

14 (D) uniform hydrogen codes, standards, 

15 and safety protocols; and 

16 (E) vehicle hydrogen fuel system integrity 

17 safety performance. 

18 (2) ACTIVITIES.—The interagency task force 

19 may organize workshops and conferences, may issue 

20 publications, and may create databases to carry out 

21 its duties. The interagency task force shall—

22 (A) foster the exchange of generic, non23 proprietary information and technology among 

24 industry, academia, and government; 
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1 (B) develop and maintain an inventory and 

2 assessment of hydrogen, fuel cells, and other 

3 advanced technologies, including the commercial 

4 capability of each technology for the economic 

5 and environmentally safe production, distribu6 tion, delivery, storage, and use of hydrogen; 

7 (C) integrate technical and other informa8 tion made available as a result of the programs 

9 and activities under this Act; 

10 (D) promote the marketplace introduction 

11 of infrastructure for hydrogen and other clean 

12 fuel vehicles; and 

13 (E) conduct an education program to pro14 vide hydrogen and fuel cell information to po15 tential end-users. 

16 (c) AGENCY COOPERATION.—The heads of all agen17 cies, including those whose agencies are not represented 

18 on the interagency task force, shall cooperate with and 

19 furnish information to the interagency task force, the Ad20 visory Committee, and the Department. 

21 SEC. 5. ADVISORY COMMITTEE. 

22 (a) ESTABLISHMENT.—The Hydrogen Technical and 

23 Fuel Cell Advisory Committee is established to advise the 

24 Secretary on the programs and activities under this Act. 

25 (b) MEMBERSHIP.—
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1 (1) MEMBERS.—The Advisory Committee is 

2 comprised of not fewer than 12 nor more than 25 

3 members. These members shall be appointed by the 

4 Secretary to represent domestic industry, academia, 

5 professional societies, government agencies, and fi6 nancial, environmental, and other appropriate orga7 nizations based on the Department’s assessment of 

8 the technical and other qualifications of committee 

9 members and the needs of the Advisory Committee. 

10 (2) TERMS.—The term of a member of the Ad11 visory Committee shall not be more than 3 years. 

12 The Secretary may appoint members of the Advisory 

13 Committee in a manner that allows the terms of the 

14 members serving at any time to expire at spaced in15 tervals so as to ensure continuity in the functioning 

16 of the Advisory Committee. A member of the Advi17 sory Committee whose term is expiring may be re18 appointed. 

19 (3) CHAIRPERSON.—The Advisory Committee 

20 shall have a chairperson, who is elected by the mem21 bers from among their number. 

22 (c) REVIEW.—The Advisory Committee shall review 

23 and make recommendations to the Secretary on—

24 (1) the implementation of programs and activi25 ties under this Act; 
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1 (2) the safety, economical, and environmental 

2 consequences of technologies for the production, dis3 tribution, delivery, storage, or use of hydrogen en4 ergy and fuel cells; and 

5 (3) the plan under section 2. 

6 (d) RESPONSE.—(1) The Secretary shall consider, 

7 but need not adopt, any recommendations of the Advisory 

8 Committee under subsection (c). 

9 (2) The Secretary shall transmit a biennial report to 

10 the Congress describing any recommendations made by 

11 the Advisory Committee since the previous report. The re12 port shall include a description of how the Secretary has 

13 implemented or plans to implement the recommendations, 

14 or an explanation of the reasons that a recommendation 

15 will not be implemented. The report shall be transmitted 

16 along with the President’s budget proposal. 

17 (e) SUPPORT.—The Secretary shall provide resources 

18 necessary in the judgment of the Secretary for the Advi19 sory Committee to carry out its responsibilities under this 

20 Act. 

21 SEC. 6. EXTERNAL REVIEW. 

22 (a) PLAN.—The Secretary shall enter into an ar23 rangement with a competitively selected nongovernmental 

24 entity, such as the National Academy of Sciences, to re25 view the plan prepared under section 2, which shall be 
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1 completed not later than six months after the entity re2 ceives the plan. Not later than 45 days after receiving the 

3 review, the Secretary shall transmit the review to the Con4 gress along with a plan to implement the review’s rec5 ommendations or an explanation of the reasons that a rec6 ommendation will not be implemented. 

7 (b) ADDITIONAL REVIEW.—The Secretary shall enter 

8 into an arrangement with a competitively selected non9 governmental entity, such as the National Academy of 

10 Sciences, under which the entity will review the program 

11 under section 3 during the fourth year following the date 

12 of enactment of this Act. The entity’s review shall include 

13 the research priorities and technical milestones, and evalu14 ate the progress toward achieving them. The review shall 

15 be completed no later than five years after the date of 

16 enactment of this Act. Not later than 45 days after receiv17 ing the review, the Secretary shall transmit the review to 

18 the Congress along with a plan to implement the review’s 

19 recommendations or an explanation for the reasons that 

20 a recommendation will not be implemented. 

21 SEC. 7. MISCELLANEOUS PROVISIONS. 

22 (a) REPRESENTATION.—The Secretary may rep23 resent the United States interests with respect to activities 

24 and programs under this Act, in coordination with the De25 partment of Transportation, the National Institute of 
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1 Standards and Technology, and other relevant Federal 

2 agencies, before governments and nongovernmental orga3 nizations including—

4 (1) other Federal, State, regional, and local 

5 governments and their representatives; 

6 (2) industry and its representatives, including 

7 members of the energy and transportation indus8 tries; and 

9 (3) in consultation with the Department of 

10 State, foreign governments and their representatives 

11 including international organizations. 

12 (b) REGULATORY AUTHORITY.—Nothing in this Act 

13 shall be construed to alter the regulatory authority of the 

14 Department. 

15 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to carry out 

17 this Act, in addition to any amounts made available for 

18 these purposes under other Acts—

19 (1) $273,500,000 for fiscal year 2004; 

20 (2) $325,000,000 for fiscal year 2005; 

21 (3) $375,000,000 for fiscal year 2006; 

22 (4) $400,000,000 for fiscal year 2007; and 

23 (5) $425,000,000 for fiscal year 2008.’’.

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