I 
108TH CONGRESS 
1ST SESSION H. R. 1299
To amend the Spark M. Matsunaga Hydrogen Research, Development, and 
Demonstration Act of 1990, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 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 ‘‘Hydrogen Fuel Act 
of 2003’’ or ‘‘Hydrogen Act’’. 
SEC. 2. AMENDMENT TO THE MATSUNAGA ACT. 
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, PURPOSES, 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) the national interest is to reduce depend-
ence on imported petroleum by accelerating Federal 
efforts to partner with the private sector in devel-
oping hydrogen and fuel cell technologies; 
‘‘(4) the national interest is to support indus-
try’s efforts to develop a light duty vehicle fleet that 
is free or near free of pollutant emissions and green-
house gas emissions, and that helps to reduce the 
Nation’s dependence on petroleum in a manner that 
maintains the freedom of consumers to purchase 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 accelerate the 
parallel advancement of fuel cells for stationary 
power that will enhance the resiliency, reliability, 
and environmental performance of the Nation’s elec-
tricity infrastructure;
‘‘(6) ancillary benefits for the Nation, including 
the acceleration of fuel cell technology for consumer 
electronics and portable power, are likely to result 
from the advancement of hydrogen fuel cell vehicles 
and supporting infrastructure; and 
‘‘(7) vehicle technology development work 
should be performed in a manner that is cognizant 
of consumer acceptance and marketplace success. 
‘‘(b) PURPOSE.—The purpose of this Act is to reduce 
significantly the Nation’s dependence on imported petro-
leum through support of the following Department of En-
ergy programs and activities: 
‘‘(1) Research, development, demonstration, 
and technology transfer programs for hydrogen and 
fuel cells, leading to—
‘‘(A) a decision by automakers no later 
than 2015 to offer affordable and technically 
viable hydrogen fuel cell vehicles in the mass 
consumer market; and 
‘‘(B) the mass market availability of af-
fordable and technically viable hydrogen fuel 
cell vehicles and adequate refueling infrastruc-
ture no later than 2020.
‘‘(4) 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. 
‘‘(5) The term ‘light duty vehicle’ means a car 
or truck classified by the Department of Transpor-
tation as a Class I or IIA vehicle. 
‘‘(6) The term ‘Secretary’ means the Secretary 
of Energy. 
‘‘SEC. 103. PLAN; REPORT. 
‘‘(a) PLAN.—The Secretary, in coordination with 
other appropriate Federal agencies, may prepare a com-
prehensive interagency coordination plan for research, de-
velopment, and demonstration programs and activities 
under this Act. This plan may be submitted at the time 
of the President’s annual budget submission to Congress. 
‘‘(b) REPORT.—Not later than one year after the 
date of enactment of the Hydrogen Fuel Act of 2003, and 
biennially thereafter, the Secretary may transmit to Con-
gress a report on the status of programs and activities 
under this Act. This report may be submitted at the time 
of the President’s annual budget submission to Congress.
This report may include, in addition to any views and rec-
ommendations of the Secretary—
‘‘(1) an assessment of the effectiveness of the 
programs and activities under this Act and the ex-
tent to which the purpose in section 102(b) has been 
met; 
‘‘(2) an analysis of the potential for inter-
agency, intergovernmental, international, or private 
sector collaboration opportunities in research, devel-
opment, demonstration, and other programs and ac-
tivities under this Act; and 
‘‘(3) a discussion of how the Department has 
addressed recommendations of the Advisory Com-
mittee. 
‘‘SEC. 104. RESEARCH AND DEVELOPMENT. 
‘‘(a) PROGRAM.—In partnership with the private sec-
tor, the Secretary shall conduct a research and develop-
ment program for—
‘‘(1) hydrogen infrastructure; 
‘‘(2) fuel cells; and 
‘‘(3) hydrogen codes, standards, and safety pro-
tocols. 
‘‘(b) PROGRAM GOALS.—The goals of the research 
and development program under this section are—
‘‘(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; and 
‘‘(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. 
‘‘(c) HYDROGEN INFRASTRUCTURE.—The research 
and development program for hydrogen infrastructure 
may include—
‘‘(1) safe and convenient refueling; 
‘‘(2) activities leading to widespread availability 
of hydrogen from domestic energy sources through—
‘‘(A) production, including emphasis on 
cost-effective production from domestic energy 
sources; 
‘‘(B) delivery, including transmission by 
pipeline and other distribution methods for hy-
drogen; and 
‘‘(C) storage, including storage in surface 
transportation vehicles; and 
‘‘(3) hydrogen for fuel cells, and other energy 
conversion devices for portable, stationary, and 
transportation applications. 
‘‘(d) FUEL CELLS.—The research and development 
program for fuel cells and their portable, stationary, and 
transportation applications may include—
‘‘(1) a safe, economical, and environmentally 
sound hydrogen fuel cell; and 
‘‘(2) a fuel cell for light duty vehicles and other 
vehicles. 
‘‘(e) HYDROGEN CODES, STANDARDS, AND SAFETY 
PROTOCOLS.—
‘‘(1) IN GENERAL.—The Department’s research 
and development program for hydrogen codes, stand-
ards, and safety protocols includes as a goal the es-
tablishment of international codes, standards, and 
safety protocols for the performance and manufac-
ture of domestic and foreign products, including 
motor vehicles and equipment. The Department shall 
coordinate these activities with other Federal agen-
cies. 
‘‘(2) REPRESENTATION.—The Department may 
represent the United States interests with respect to 
activities and programs under this Act, in coordina-
tion with the Department of Transportation, before 
governments and nongovernmental organizations in-
cluding—
‘‘(A) other Federal, State, regional, and 
local governments and their representatives; 
‘‘(B) industry and its representatives, in-
cluding members of the energy and transpor-
tation industries; and 
‘‘(C) in consultation with the Department 
of State, foreign governments and their rep-
resentatives including international organiza-
tions. 
‘‘(f) FEDERAL FUNDING.—
‘‘(1) PROCEDURES.—The Secretary shall carry 
out the research and development programs and ac-
tivities under this Act using a competitive, merit-re-
view process and consistent with the generally appli-
cable Federal laws and regulations governing awards
of financial assistance, contracts, or other agree-
ments. 
‘‘(2) DUPLICATION.—The Department shall—
‘‘(A) survey private sector hydrogen energy 
research and development activities worldwide; 
and 
‘‘(B) endeavor to avoid duplication or dis-
placement of other research and development 
programs and activities. 
‘‘(g) COST SHARING.—
‘‘(1) IN GENERAL.—The Secretary shall require 
a commitment from non-Federal sources of at least 
20 percent of the cost of proposed research and de-
velopment. 
‘‘(2) RANKING FACTOR.—The Department shall 
make the percentage of cost-sharing a ranking factor 
in making competitive awards. 
‘‘(3) REDUCTION.—The Secretary may reduce 
the cost sharing requirement under paragraph (1)—
‘‘(A) if the Secretary determines that the 
research and development is of a basic or fun-
damental nature; or
‘‘(B) for technical analyses, outreach pro-
grams, or other activities including educational 
programs under section 107 that the Secretary
does not expect to result in a marketable prod-
uct. 
‘‘SEC. 105. DEMONSTRATIONS. 
‘‘(a) DEMONSTRATION PROGRAM.—The purpose of 
demonstrations is to evaluate commercial applicability of 
technologies or to identify additional research or develop-
ment needs that cannot be identified through other means. 
In partnership with the private sector, and in coordination 
with the Department of Transportation, the Secretary 
may conduct a demonstration program for—
‘‘(1) hydrogen infrastructure; 
‘‘(2) fuel cells and fuel cell technologies includ-
ing hydrogen-powered fuel cell vehicles; and 
‘‘(3) hydrogen codes, standards, and safety pro-
tocols. 
‘‘(b) FEDERAL FUNDING.—The Secretary shall carry 
out demonstrations under this section using a competitive, 
merit-review process and consistent with the generally ap-
plicable Federal laws and regulations governing awards of 
financial assistance, contracts, or other agreements. The 
Department shall endeavor to avoid duplication or dis-
placement of other demonstrations. 
‘‘(c) COST SHARING.—
‘‘(1) IN GENERAL.—The Secretary shall require 
a commitment from non-Federal sources of at least
50 percent of the costs directly relating to a dem-
onstration under this Act. 
‘‘(2) RANKING
FACTOR.—The Secretary shall 
make the percentage of cost-sharing a ranking factor 
in making competitive awards. 
‘‘(3) REDUCTION.—The Secretary may reduce 
the non-Federal cost sharing requirement under 
paragraph (1) if the Secretary determines that the 
reduction is appropriate considering the techno-
logical risks involved. 
‘‘(4) COOPERATIVE
AGREEMENTS
WITH
GOV-
ERNMENTS.—The Secretary may enter into cost-
sharing agreements with Federal, State, or local 
governments to demonstrate applications using hy-
drogen and fuel cells. 
‘‘SEC. 106. TECHNOLOGY ASSESSMENT AND TRANSFER. 
‘‘(a) PROGRAM.—The Secretary may conduct a pro-
gram to transfer technology to the private sector under 
this Act. The purpose of the technology transfer program 
is to foster the exchange of generic, nonproprietary infor-
mation and technology, developed under this Act, among 
industry, academia, and the Federal Government, to help 
the United States economy attain the economic benefits 
of this information and technology, among other purposes.
‘‘(b) ADVICE AND ASSISTANCE.—The Secretary shall 
direct the program authorized by this section with the ad-
vice 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 Hydrogen Fuel Act of 
2003, the President shall establish an interagency task 
force, chaired by the Director of the Office of Science and 
Technology Policy or his designee, with representatives 
from each of the following: 
‘‘(1) The Department of Energy. 
‘‘(2) The Department of Transportation. 
‘‘(3) The Department of State. 
‘‘(4) The Department of Defense. 
‘‘(5) The Department of Commerce (including 
the National Institute of Standards and Tech-
nology). 
‘‘(6) The Environmental Protection Agency. 
‘‘(7) The National Aeronautics and Space Ad-
ministration. 
‘‘(8) Other Federal agencies as the Director de-
termines appropriate. 
‘‘(b) DUTIES OF THE INTERAGENCY TASK FORCE.—
‘‘(1) PLANNING.—The interagency task force 
shall coordinate the implementation of the inter-
agency coordination plan prepared under section 
103(a), and shall work toward development of—
‘‘(A) a safe, economical, and environ-
mentally sound hydrogen infrastructure; 
‘‘(B) uniform hydrogen codes, standards, 
and safety protocols; 
‘‘(C) fuel cells in government applications, 
including portable, stationary, and transpor-
tation applications; and 
‘‘(D) vehicle hydrogen fuel system integrity 
safety performance. 
‘‘(2) INFORMATION EXCHANGE.—(A) The inter-
agency task force shall coordinate interagency pro-
grams and activities including the exchange of infor-
mation. 
‘‘(B) The heads of all agencies, including those 
whose agencies are not represented on the inter-
agency task force, shall cooperate with and furnish 
information to the interagency task force and the 
Department. 
‘‘(C) The information exchange may consist of 
workshops, publications, conferences, and a database 
for use by the public and private sectors. The inter-
agency task force shall—
‘‘(i) foster the exchange of generic, non-
proprietary information and technology among 
industry, academia, and government; 
‘‘(ii) update the inventory and assessment 
of hydrogen, fuel cells, and other advanced 
technologies, including the commercial capa-
bility of each technology for the economic and 
environmentally safe production, distribution, 
delivery, storage, and use of hydrogen; 
‘‘(iii) integrate technical and other infor-
mation made available as a result of the pro-
grams and activities under this Act; 
‘‘(iv) promote the marketplace introduction 
of infrastructure for hydrogen-powered fuel cell 
vehicles; and 
‘‘(v) conduct an education program to pro-
vide hydrogen and fuel cell information to po-
tential end-users. 
‘‘SEC. 108. ADVISORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—The Hydrogen Technical 
and Fuel Cell Advisory Committee shall be established to 
advise the Secretary on the programs and activities under 
this Act.
‘‘(b) MEMBERSHIP.—
‘‘(1) MEMBERS.—The Advisory Committee is 
comprised of not fewer than 12 nor more than 25 
members. The Secretary shall appoint members to 
represent domestic industry, academia, professional 
societies, government agencies, and financial, envi-
ronmental, and other appropriate organizations 
based on the Secretary’s assessment of the technical 
and other qualifications of committee members and 
the needs of the Advisory Committee. 
‘‘(2) TERMS.—The term of a member of the 
Advisory Committee shall be not more than three 
years. The Secretary may appoint members of the 
Advisory Committee 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 Advisory Committee. A member of 
the Advisory Committee whose term is expiring may 
be reappointed. 
‘‘(3) CHAIRPERSON.—The Chair of the Advi-
sory Committee shall be a member of the Advisory 
Committee, elected by the members from among 
their number. 
‘‘(c) REVIEW.—The Advisory Committee shall review 
and make recommendations to the Secretary in a biennial 
report on—
‘‘(1) the implementation of programs and ac-
tivities under this Act; 
‘‘(2) the safety, economical, environmental, and 
other consequences of technologies for the produc-
tion, distribution, delivery, storage, or use of hydro-
gen and fuel cells; and 
‘‘(3) the interagency coordination plan prepared 
under section 103(a). 
‘‘(d) RESPONSE TO RECOMMENDATIONS.—The Sec-
retary shall consider, but need not adopt, any rec-
ommendations of the Advisory Committee under sub-
section (c). The Secretary shall either describe the imple-
mentation of each recommendation made, or provide an 
explanation of the reasons that a recommendation will not 
be implemented, in the report transmitted under section 
103(b). 
‘‘(e) ADVISORY COMMITTEE SUPPORT.—The Sec-
retary shall provide resources necessary in the judgment 
of the Secretary for the Advisory Committee to carry out 
its responsibilities under this Act. 
‘‘SEC. 109. NATIONAL ACADEMY OF SCIENCES REVIEW. 
‘‘Beginning two years after the date of enactment of 
the Hydrogen Fuel Act of 2003, and every four years 
thereafter, the National Academy of Sciences shall review 
the progress made through the programs and activities au-
thorized under this Act and shall report to the Congress 
on the results of this review.’’. 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO 
THE HYDROGEN FUTURE ACT OF 1996. 
The Hydrogen Future Act of 1996 is repealed. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
the purposes of this Act for fiscal years 2003 through 
2008, $1,223,000,000.
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