I 
108TH CONGRESS 
1ST SESSION H. R. 1774
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 Com-
mittee on Science, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To provide for the establishment at the Department of En-
ergy of a program for hydrogen fuel cell vehicles and 
infrastructure, 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 ‘‘FreedomCAR and Hy-
drogen Fuel Act of 2003’’ or ‘‘Freedom Act’’. 
SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. 
(a) FINDINGS.—Congress finds that—
(1) the United States is currently dependent on 
foreign sources for a majority of its petroleum sup-
ply; 
(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 by 
deploying hydrogen fuel cell vehicles and the refuel-
ing infrastructure to support those vehicles; 
(4) it is in the national interest to develop a 
light duty vehicle fleet that substantially reduces de-
pendence on foreign petroleum, assists the Nation in 
meeting its requirements under the Clean Air Act 
and reduces greenhouse gas emissions 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, 
affordably, and conveniently; 
(5) hydrogen fuel cell vehicles and supporting 
infrastructure have the potential to 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; 
(7) there is a need for deployment of bridging 
technologies including gasoline electric and diesel 
electric hybrid drive systems, advanced combustion 
engines including clean diesel, electric battery, and 
power electronics, and alternative fuels and other 
technology that can contribute to reducing petroleum 
demand and decreasing air emissions; 
(8) low-cost hydrogen production, storage, and 
delivery facilities are essential to the success of the 
FreedomCAR Vehicle Programs; and 
(9) work should be performed in a manner that 
is cognizant of consumer acceptance, passenger safe-
ty, and marketplace success. 
(b) PURPOSE.—The purpose of this Act is to reduce 
significantly the Nation’s dependence on imported petro-
leum, enhance the production and conservation of energy, 
and reduce air emissions through support of the following 
Department of Energy actions: 
(1) Programs and activities leading to—
(A) a commitment by automakers and hy-
drogen energy and energy infrastructure pro-
viders no later than year 2015 to offer safe, af-
fordable, and technically viable hydrogen fuel 
cell vehicles and refueling infrastructure in the 
mass consumer market; and 
(B) a commitment by the automakers and 
hydrogen energy and energy infrastructure pro-
viders to the deployment of hydrogen fuel cell 
vehicles and affordable and convenient refueling 
infrastructure no later than year 2020. 
(2) A program to establish international codes, 
standards, and safety protocols for the use and man-
ufacture of domestic and foreign products. 
(3) Interagency, intergovernmental, and inter-
national programs and activities for education, infor-
mation exchange, and cooperation. 
(c) DEFINITIONS.—In this Act: 
(1) The term ‘‘Advisory Committee’’ means the 
Hydrogen Technical and Fuel Cell Advisory Com-
mittee established under section 5028 of this Act. 
(2) The term ‘‘Department’’ means the Depart-
ment of Energy. 
(3) The term ‘‘FreedomCAR’’ is the acronym 
for a Department initiative in automotive research
and development entitled ‘‘Freedom Cooperative 
Automotive Research’’. 
(4) 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. 
(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. 3. PLAN; REPORT. 
(a) PLAN.—The Secretary, in consultation with other 
appropriate Federal agencies, shall prepare a comprehen-
sive interagency coordination plan for activities under this 
Act. This plan may be provided as part of the President’s 
annual budget submission to Congress. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, and biennially thereafter, the
Secretary shall transmit to the Congress a report on the 
status of programs and activities under this Act. This re-
port may be provided as part of the President’s annual 
budget submission to Congress. This report may include, 
in addition to any views and recommendations of the Sec-
retary— 
(1) an assessment of the effectiveness of the 
programs and activities under this Act and the ex-
tent to which the purposes in section 2(b) have been 
met; and 
(2) the potential for interagency, intergovern-
mental, international, or private sector collaboration 
opportunities and activities under this Act. 
SEC. 4. PUBLIC-PRIVATE PARTNERSHIP. 
(a) PROGRAM.—In partnership with the private sec-
tor, the Secretary shall conduct a program designed to fa-
cilitate the production and conservation of energy and the 
deployment of energy infrastructure, including all of the 
following: 
(1) Hydrogen energy. 
(2) Fuel cells. 
(3) Advanced vehicle technologies. 
(4) Clean fuels in addition to hydrogen. 
(5) Codes, standards, and safety protocols. 
(b) PROGRAM GOALS.—
(1) AUTOMAKERS.—For automakers the goals 
of the program are—
(A) to enable a commitment by auto-
makers no later than year 2015 to offer safe, 
affordable, and technically viable hydrogen fuel 
cell vehicles into commerce; and 
(B) to enable production, delivery, and ac-
ceptance by consumers of model year 2020 hy-
drogen fuel cell and other vehicles that will 
have— 
(i) a range of at least three hundred 
miles; 
(ii) improved performance and ease of 
driving; 
(iii) met all light duty safety regula-
tions created under section 30111 of title 
49, United States Code; and 
(iv) when compared to light duty vehi-
cles in model year 2003—
(I) a fuel economy that is two 
and one half times the equivalent fuel 
economy of these vehicles as regulated 
under the Motor Vehicle Information 
and Cost Savings Act, or about 70 
miles per gallon, and
(II) near zero emissions of air 
pollutants regulated under the Clean 
Air Act. 
(2) HYDROGEN ENERGY AND ENERGY INFRA-
STRUCTURE.—For hydrogen energy and energy in-
frastructure the goals of the program include, but 
are not limited to, a commitment not later than 
2015 that will enable the deployment by 2020 of in-
frastructure to provide—
(A) safe and convenient refueling; 
(B) activities leading to widespread avail-
ability of hydrogen from domestic energy 
sources through—
(i) production, including consideration 
of cost-effective production from domestic 
energy sources; 
(ii) delivery, including transmission by 
pipeline and other distribution methods for 
hydrogen; and 
(iii) storage, including storage in sur-
face transportation vehicles; 
(C) hydrogen for fuel cells, internal com-
bustion engines, and other energy conversion 
devices for portable, stationary, and transpor-
tation applications; and
(D) other technologies consistent with the 
Department’s plan. 
(3) FUEL CELLS.—The program for fuel cells 
and their portable, stationary, and transportation 
applications may include, but is not limited to—
(A) a safe, economical, and environ-
mentally sound hydrogen fuel cell; 
(B) a fuel cell for light duty and other ve-
hicles; and 
(C) other technologies consistent with the 
Department’s plan. 
(4) ADVANCED VEHICLE TECHNOLOGIES.—The 
program for advanced vehicle technologies may in-
clude, but is not limited to—
(A) advanced combustion; 
(B) materials; 
(C) energy storage; 
(D) control systems; and 
(E) other technologies consistent with the 
Department’s plan. 
(5) CODES, STANDARDS, AND SAFETY PROTO-
COLS.—(A) The Department’s program for codes, 
standards, and safety protocols shall strive towards 
establishment of international codes, standards, and
safety protocols for the use and manufacture of do-
mestic and foreign products. 
(B) The Secretary may represent the United 
States interests with respect to activities and pro-
grams under this subsection, collaborating with the 
Secretary of Transportation, and in consultation 
with other appropriate governments and nongovern-
mental organizations including the following: 
(i) Other Federal, State, regional, and 
local governments and their representatives. 
(ii) Industry and its representatives, in-
cluding members of the energy and transpor-
tation industries. 
(iii) Foreign governments and their rep-
resentatives including international organiza-
tions. 
(c) FEDERAL FUNDING.—(1) The Secretary shall 
carry out the programs and activities under this section 
consistent with the generally applicable Federal laws and 
regulations governing awards of financial assistance, con-
tracts, or other agreements, and may include funding to 
nationally recognized university-based research centers. 
(2) The Secretary shall endeavor to avoid duplication 
or displacement of other research and development pro-
grams and activities.
(d) COST SHARING.—(1) The Secretary shall require 
a commitment from non-Federal sources of at least 20 
percent of the cost of proposed programs under this sec-
tion. 
(2) The Secretary may reduce or eliminate the cost 
sharing requirement under paragraph (1)—
(A) if the Secretary determines that the activity 
is of a basic or fundamental nature which is vital to 
the success of the program and unlikely to occur in 
a timely manner without reduction or elimination of 
the cost-sharing requirement; or 
(B) for technical analyses, outreach programs, 
and other activities including educational programs 
under section 7 of this Act that the Secretary does 
not expect to result in a marketable product. 
SEC. 5. DEPLOYMENT. 
(a) DEPLOYMENT PROGRAM.—In partnership with 
the private sector, the Secretary shall conduct a program 
to facilitate the deployment of—
(1) hydrogen energy and energy infrastructure; 
(2) fuel cells; 
(3) advanced vehicle technologies; 
(4) clean fuels in addition to hydrogen; and 
(5) codes, standards, and safety protocols.
(b) PROGRAM GOALS.—(1) For automakers, the 
goals of the program are— 
(A) to enable a decision by automakers no later 
than year 2015 to offer safe, affordable, and tech-
nically viable hydrogen fuel cell vehicles into com-
merce; and 
(B) to enable production and delivery to, and 
acceptance by, consumers of model year 2020 hydro-
gen fuel cell and other vehicles that will have—
(i) a range of at least 300 miles; 
(ii) improved performance and ease of driv-
ing; 
(iii) met all light duty safety regulations 
created under section 30111 of title 49, United 
States Code; and 
(iv) 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 
these vehicles under the Motor Vehicle In-
formation and Cost Savings Act, or about 
70 miles per gallon; and 
(II) near zero emissions of air pollut-
ants regulated under the Clean Air Act.
(2) For hydrogen energy and energy infrastructure 
the goals of the program include, but are not limited to, 
a commitment not later than 2015 that will enable the 
deployment by 2020 of infrastructure to provide—
(A) safe, convenient, and affordable refueling; 
(B) widespread availability of hydrogen from 
domestic energy sources through—
(i) production, including consideration of 
cost-effective production from domestic energy 
sources; 
(ii) delivery, including transmission by 
pipeline and other distribution methods, for hy-
drogen in its gaseous, liquid, and solid states; 
and 
(iii) storage, including storage in surface 
transportation vehicles; 
(C) hydrogen for fuel cells, internal combustion 
engines, and other energy conversion devices for 
portable, stationary, and transportation applications; 
and 
(D) other technologies consistent with the De-
partment’s plan. 
(c) FUEL CELLS.—The program for fuel cells and 
their portable, stationary, and transportation applications 
may include but is not limited to—
(1) a safe, economical, and environmentally 
sound hydrogen fuel cell; 
(2) a fuel cell for light duty and other vehicles; 
and 
(3) other technologies consistent with the De-
partment’s plan. 
(d) ADVANCED VEHICLE TECHNOLOGIES.—The pro-
gram for advanced vehicle technologies may include, but 
is not limited to—
(1) advanced combustion; 
(2) materials; 
(3) energy storage; 
(4) control systems; and 
(5) other technologies consistent with the De-
partment’s plan. 
(e) FEDERAL FUNDING.—The Secretary shall carry 
out the program and activities under this section con-
sistent with laws and regulations governing awards of fi-
nancial assistance, contracts or other agreements, and 
may include funding to nationally recognized university-
based research centers. The Secretary shall endeavor to 
avoid duplication or displacement of other programs. 
(f) 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 section. 
(2) REDUCTION.—The Secretary may reduce 
the non-Federal requirement under paragraph (1) if 
the Secretary determines that—
(A) the reduction is appropriate consid-
ering the technological risks involved; and 
(B) the terms and conditions are con-
sistent with the Agreement on Subsidies and 
Countervailing Measures. 
(3) COOPERATIVE AGREEMENTS WITH GOVERN-
MENTS.—The Secretary may enter into cooperative 
and cost sharing agreements with Federal, State, or 
local governments to deploy vehicles, vehicle systems, 
and refueling infrastructure using hydrogen, fuel 
cells, or other advanced technologies in government 
facilities or fleet transportation systems. 
SEC. 6. ASSESSMENT AND TRANSFER. 
(a) PROGRAM.—The Secretary may conduct a pro-
gram to transfer technology to the private sector under 
this Act. 
(b) DISCLOSURE.—The Secretary may protect from 
disclosure, for up to 5 years after the information was de-
veloped, any information developed pursuant to a cost 
shared transaction, or subagreement thereunder, entered
into under this Act to advance the goals of the programs, 
which developed information is of a character that it would 
be protected from disclosure under section 552(b)(4) of 
title 5, United States Code, if this developed information 
had been obtained from a person other than a Federal 
agency. 
SEC. 7. INTERAGENCY TASK FORCE. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of this Act, the President shall es-
tablish an interagency task force chaired by the Secretary 
or his designee with representatives from each of the fol-
lowing: 
(1) The Office of Science and Technology Pol-
icy within the Executive Office of the President. 
(2) The Department of Transportation. 
(3) The Department of Defense. 
(4) The Department of Commerce (including 
the National Institute of Standards and Tech-
nology). 
(5) The Environmental Protection Agency. 
(6) The National Aeronautics and Space Ad-
ministration. 
(7) Other Federal agencies as the Secretary de-
termines appropriate. 
(b) DUTIES OF THE INTERAGENCY TASK FORCE.—
(1) PLANNING.—The task force shall coordinate 
the implementation of the interagency plan in sec-
tion 3(a), and work towards deployment of—
(A) a safe, economical, and environ-
mentally sound fuel infrastructure, including an 
infrastructure that supports buses and other 
fleet transportation; 
(B) fuel cells in government and other ap-
plications, including portable, stationary, and 
transportation applications; and 
(C) distributed power generation, including 
the generation of combined heat, power, and 
clean fuels including hydrogen. 
(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, the Advi-
sory Committee, 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 is expected to—
(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 tech-
nologies, including their commercial capability 
for the economic and environmentally safe pro-
duction, distribution, delivery, storage, and use 
of clean fuels including hydrogen; 
(iii) integrate technical and other informa-
tion made available as a result of the programs 
and activities under this Act; 
(iv) promote the marketplace introduction 
of infrastructure for hydrogen and other clean 
fuel vehicles; and 
(v) conduct an education program to pro-
vide FreedomCAR and hydrogen fuel informa-
tion to potential end-users. 
SEC. 8. ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—The Hydrogen Technical and 
Fuel Cell Advisory Committee is established to advise the 
Secretary on the programs and activities under this Act. 
(b) MEMBERSHIP.—
(2) the safety, economical, and environmental 
consequences of technologies for the production, dis-
tribution, delivery, storage, or use of hydrogen en-
ergy and fuel cells; and 
(3) the interagency coordination plan under sec-
tion 3(a) of this Act. 
(d) RESPONSE TO RECOMMENDATIONS.—The Sec-
retary shall consider, but need not adopt, any rec-
ommendations of the Advisory Committee under sub-
section (c). 
(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. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
the purposes of this Act including programs for light duty 
vehicles, in addition to any amounts made available for 
these purposes under other Acts—
(1) $273,500,000 for fiscal year 2004; 
(2) $325,000,000 for fiscal year 2005; 
(3) $375,000,000 for fiscal year 2006; 
(4) $400,000,000 for fiscal year 2007; and 
(5) $425,000,000 for fiscal year 2008.
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