I 
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 Representa-
tives 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, Devel-
opment, 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 petro-
leum is expected to increase in the decades ahead; 
‘‘(3) it is in the national interest to reduce de-
pendence 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 in-
dustry’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 pur-
chase 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 vehi-
cles 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 elec-
tronics and portable power will benefit from, and ad-
vance 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 petro-
leum demand and decreasing air emissions, includ-
ing—
‘‘(A) gasoline-electric and diesel-electric hy-
brid drive systems; 
‘‘(B) advanced combustion engines (includ-
ing clean diesel), electric battery, and power 
electronics; and 
‘‘(C) alternative fuels and other tech-
nologies; 
‘‘(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 Com-
mittee established under section 108 of this Act.
‘‘(2) The term ‘Department’ means the Depart-
ment of Energy. 
‘‘(3) The term ‘fuel cell’ means a device that di-
rectly 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 equip-
ment, systems, or facilities used to produce, dis-
tribute, deliver, or store hydrogen and other ad-
vanced clean fuels. 
‘‘(6) The term ‘light duty vehicle’ means a car 
or truck classified by the Department of Transpor-
tation 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 ap-
plication program designed to accelerate the use of hydro-
gen and related technologies in stationary and transpor-
tation applications. The goals of the program shall in-
clude—
‘‘(1) to enable a decision by automakers not 
later than 2015 to offer affordable and technically 
viable hydrogen fuel cell vehicles in the mass con-
sumer market; 
‘‘(2) to enable production and delivery to con-
sumers of model year 2020 hydrogen fuel cell vehi-
cles 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 characteris-
tics 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 en-
ergy sources, including—
‘‘(A) fossil fuels, in conjunction with car-
bon capture and sequestration; 
‘‘(B) hydrogen-carrier fuels (including eth-
anol 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 refuel-
ing of vehicles either at central refueling sta-
tions 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 devel-
opment on fuel-flexible fuel cell power systems, im-
proved manufacturing processes, high-temperature 
membranes, cost-effective fuel processing for natural 
gas, fuel cell stack and system reliability, low tem-
perature operation, and cold start capability; and 
‘‘(5) development, in conjunction with the Na-
tional Institute of Standards and Technology, of 
necessary codes and standards (including inter-
national codes and standards) and safety practices 
for the production, distribution, storage, and use of 
hydrogen, hydrogen-carrier fuels and related prod-
ucts. 
‘‘(c) DEMONSTRATION.—In carrying out the dem-
onstration 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, vehi-
cle fleet centers, transit bus authorities, or 
parks; and 
‘‘(B) depend on reliable power from hydro-
gen 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 mo-
bile and stationary applications of hydrogen fuel 
cells; 
‘‘(C) address the interdependency of de-
mand for hydrogen fuel cell applications and 
hydrogen fuel infrastructure; or 
‘‘(D) raise awareness of hydrogen tech-
nology 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 finan-
cial 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 commit-
ment 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 re-
quirement 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 dem-
onstration 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 pro-
gram under section 103, the Secretary shall carry out a 
research, development, demonstration, and commercial ap-
plication 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 hy-
brid 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 Sec-
retary shall carry out the FreedomCAR program in com-
pliance with sections 103(d) and (e).
‘‘SEC. 105. PLAN. 
‘‘Not later than six months after the date of enact-
ment of the George E. Brown, Jr. and Robert S. Walker 
Hydrogen Future Act of 2003, the Secretary shall trans-
mit 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 Na-
tional Hydrogen Energy Roadmap published by the De-
partment in October of 2002 and shall describe, at a min-
imum—
‘‘(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 pri-
vate sector firms are expected to play in the pro-
grams; 
‘‘(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 market-
ability of hydrogen-related products.
‘‘SEC. 106. EDUCATION, OUTREACH, AND TECHNOLOGY 
TRANSFER. 
‘‘(a) IN GENERAL.—The Secretary may carry out 
programs and activities for interagency, intergovern-
mental, and international education, information ex-
change, and cooperation related to hydrogen and hydro-
gen-related products. 
‘‘(b) TECHNOLOGY TRANSFER.—(1) The Secretary 
may conduct a program to transfer technology to the pri-
vate sector under this Act. The purpose of the technology 
transfer program is to foster the exchange of generic, non-
proprietary information and technology, developed under 
this Act, among industry, academia, and the Federal Gov-
ernment, 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 author-
ized 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