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[DOCID: f:s1053is.txt]






107th CONGRESS
  1st Session
                                S. 1053

  To reauthorize and amend the Spark M. Matsunaga Hydrogen Research, 
  Development, and Demonstration Act of 1990, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2001

 Mr. Harkin (for himself, Mr. Akaka, Mr. Bingaman, Mr. Murkowski, Mr. 
 Reid, Mr. Domenici, Mr. Kyl, Mr. Bayh, Mr. Inouye, Mr. Lieberman, and 
 Mr. Jeffords) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To reauthorize and 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydrogen Future Act of 2001''.

SEC. 2. PURPOSES.

    Section 102(b) of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (42 U.S.C. 12401(b)) is 
amended by striking paragraphs (2) and (3) and inserting the following:
            ``(2) to direct the Secretary to develop a program of 
        technology assessment, information transfer, and education in 
        which Federal agencies, members of the transportation, energy, 
        and other industries, and other entities may participate;
            ``(3) to develop methods of hydrogen production that 
        minimize production of greenhouse gases, including developing--
                    ``(A) efficient production from non-renewable 
                resources; and
                    ``(B) cost-effective production from renewable 
                resources such as biomass, wind, and solar energy; and
            ``(4) to foster the use of hydrogen as a major energy 
        source, including developing the use of hydrogen in--
                    ``(A) isolated villages, islands, and communities 
                in which other energy sources are not available or are 
                very expensive; and
                    ``(B) foreign economic development, to avoid 
                environmental damage from increased fossil fuel use.''.

SEC. 3. REPORT TO CONGRESS.

    Section 103 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (42 U.S.C. 12402) is 
amended--
            (1) in subsection (a), by striking ``January 1, 1999,'' and 
        inserting ``1 year after the date of enactment of the Hydrogen 
        Future Act of 2001, and each year thereafter,'';
            (2) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) an analysis of hydrogen-related activities throughout 
        the United States Government to identify productive areas for 
        increased intragovernmental collaboration;
            ``(2) recommendations of the Hydrogen Technical Advisory 
        Panel established by section 108 for any improvements in the 
        program that are needed, including recommendations for 
        additional legislation; and
            ``(3) to the extent practicable, an analysis of State and 
        local hydrogen-related activities.''; and
            (3) by adding at the end the following:
    ``(c) Coordination Plan.--The report under subsection (a) shall be 
based on a comprehensive coordination plan for hydrogen energy prepared 
by the Secretary in consultation with other Federal agencies.''.

SEC. 4. HYDROGEN RESEARCH AND DEVELOPMENT.

    Section 104 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (42 U.S.C. 12403) is 
amended--
            (1) in subsection (b)(1), by striking ``marketplace;'' and 
        inserting ``marketplace, including foreign markets, 
        particularly where an energy infrastructure is not well 
        developed;'';
            (2) in subsection (e), by striking ``this chapter'' and 
        inserting ``this Act'';
            (3) by striking subsection (g) and inserting the following:
    ``(g) Costsharing.--
            ``(1) Inability to fund entire cost.--The Secretary shall 
        not consider a proposal submitted by a person from industry 
        unless the proposal contains a certification that--
                    ``(A) reasonable efforts to obtain non-Federal 
                funding in the amount necessary to pay 100 percent of 
                the cost of the project have been made; and
                    ``(B) non-Federal funding in that amount could not 
                reasonably be obtained.
            ``(2) Non-federal share.--
                    ``(A) In general.--The Secretary shall require a 
                commitment from non-Federal sources of at least 25 
                percent of the cost of the project.
                    ``(B) Reduction or elimination.--The Secretary may 
                reduce or eliminate the cost-sharing requirement under 
                subparagraph (A) for the proposed research and 
                development project, including for technical analyses, 
                economic analyses, outreach activities, and educational 
                programs, if the Secretary determines that reduction or 
                elimination is necessary to achieve the objectives of 
                this Act.
            (4) in subsection (i), by striking ``this chapter'' and 
        inserting ``this Act''.

SEC. 5. DEMONSTRATIONS.

    Section 105 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (42 U.S.C. 12404) is amended 
by striking subsection (c) and inserting the following:
    ``(c) Non-Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall require a commitment from non-Federal sources 
        of at least 50 percent of the costs directly relating to a 
        demonstration project under this section.
            ``(2) Reduction.--The Secretary may reduce the non-Federal 
        requirement under paragraph (1) if the Secretary determines 
        that the reduction is appropriate considering the technological 
        risks involved in the project and is necessary to meet the 
        objectives of this Act.''.

SEC. 6. TECHNOLOGY TRANSFER.

    Section 106 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (42 U.S.C. 12405) is 
amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``The Secretary shall 
                        conduct a program designed to accelerate wider 
                        application'' and inserting the following:
            ``(1) In general.--The Secretary shall conduct a program 
        designed to--
                    ``(A) accelerate wider application''; and
                            (ii) by striking ``private sector'' and 
                        inserting ``private sector; and
                    ``(B) accelerate wider application of hydrogen 
                technologies in foreign countries to increase the 
                global market for the technologies and foster global 
                economic development without harmful environmental 
                effects.''; and
                    (B) in the second sentence, by striking ``The 
                Secretary'' and inserting the following:
            ``(2) Advice and assistance.--The Secretary''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by redesignating 
                subparagraphs (A) through (D) as clauses (i) through 
                (iv), respectively, and indenting appropriately;
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                a
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ppropriately;
                    (C) by striking ``The Secretary, in'' and inserting 
                the following:
            ``(1) In general.--The Secretary, in'';
                    (D) by striking ``The information'' and inserting 
                the following:
            ``(2) Activities.--The information''; and
                    (E) in paragraph (1) (as designated by subparagraph 
                (C))--
                            (i) in subparagraph (A) (as redesignated by 
                        subparagraph (B)), by striking ``an inventory'' 
                        and inserting ``an update of the inventory''; 
                        and
                            (ii) in subparagraph (B) (as redesignated 
                        by subparagraph (B)), by striking ``develop'' 
                        and all that follows through ``to improve'' and 
                        inserting ``develop with the National 
                        Aeronautics and Space Administration, the 
                        Department of Energy, other Federal agencies as 
                        appropriate, and industry, an information 
                        exchange program to improve''.

SEC. 7. TECHNICAL PANEL REVIEW.

    (a) In General.--Section 108 of the Spark M. Matsunaga Hydrogen 
Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407) 
is amended--
            (1) in subsection (b)--
                    (A) by striking ``(b) Membership.--The technical 
                panel shall be appointed'' and inserting the following:
    ``(b) Membership.--
            ``(1) In general.--The technical panel shall be comprised 
        of not fewer than 9 nor more than 15 members appointed'';
                    (B) by striking the second sentence and inserting 
                the following:
            ``(2) Terms.--
                    ``(A) In general.--The term of a member of the 
                technical panel shall be not more than 3 years.
                    ``(B) Staggered terms.--The Secretary may appoint 
                members of the technical 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 technical panel.
                    ``(C) Reappointment.--A member of the technical 
                panel whose term expires may be reappointed.''; and
                    (C) by striking ``The technical panel shall have a 
                chairman,'' and inserting the following:
            ``(3) Chairperson.--The technical panel shall have a 
        chairperson,''; and
            (2) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the following items'';
                    (B) in paragraph (1), by striking ``and'' at the 
                end;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) the plan developed by the interagency task force 
        under section 202(b) of the Hydrogen Future Act of 1996.''.
    (b) New Appointments.--Not later than 180 days after the date of 
enactment of this Act, the Secretary--
            (1) shall review the membership composition of the Hydrogen 
        Technical Advisory Panel; and
            (2) may appoint new members consistent with the amendments 
        made by subsection (a).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 109 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 (42 U.S.C. 12408) is 
amended--
            (1) in paragraph (8), by striking ``and'';
            (2) in paragraph (9), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(10) $60,000,000 for fiscal year 2002;
            ``(11) $65,000,000 for fiscal year 2003;
            ``(12) $70,000,000 for fiscal year 2004;
            ``(13) $75,000,000 for fiscal year 2005; and
            ``(14) $80,000,000 for fiscal year 2006.''.

SEC. 9. FUEL CELLS.

    (a) Integration of Fuel Cells With Hydrogen Production Systems.--
Section 201 of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; 
Public Law 104-271) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Not later than 180 days after 
                the date of enactment of this section, and subject'' 
                and inserting ``(a) In General.--Subject''; and
                    (B) by striking ``with--'' and all that follows and 
                inserting ``into Federal, State, and local government 
                facilities for stationary and transportation 
                applications.'';
            (2) in subsection (b), by striking ``gas is'' and inserting 
        ``basis'';
            (3) in subsection (c)(2), by striking ``systems described 
        in subsections (a)(1) and (a)(2)'' and inserting ``projects 
        proposed''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Non-Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall require a commitment from non-Federal sources 
        of at least 50 percent of the costs directly relating to a 
        demonstration project under this section.
            ``(2) Reduction.--The Secretary may reduce the non-Federal 
        requirement under paragraph (1) if the Secretary determines 
        that the reduction is appropriate considering the technological 
        risks involved in the project and is necessary to meet the 
        objectives of this Act.''.
    (b) Cooperative and Cost-Sharing Agreements; Integration of 
Technical Information.--Title II of the Hydrogen Future Act of 1996 (42 
U.S.C. 12403 note; Public Law 104-271) is amended--
            (1) by redesignating section 202 as section 205; and
            (2) by inserting after section 201 the following:

``SEC. 202. INTERAGENCY TASK FORCE.

    ``(a) Establishment.--Not later than 120 days after the date of 
enactment of this section, the Secretary shall establish an interagency 
task force led by a Deputy Assistant Secretary of the Department of 
Energy and comprised of representatives of--
            ``(1) the Office of Science and Technology Policy;
            ``(2) the Department of Transportation;
            ``(3) the Department of Defense;
            ``(4) the Department of Commerce (including the National 
        Institute for Standards and Technology);
            ``(5) the Environmental Protection Agency;
            ``(6) the National Aeronautics and Space Administration; 
        and
            ``(7) other agencies as appropriate.
    ``(b) Duties.--
            ``(1) In general.--The task force shall develop a plan for 
        carrying out this title.
            ``(2) Focus of plan.--The plan shall focus on development 
        and demonstration of integrated systems and components for--
                    ``(A) hydrogen production, storage, and use in 
                Federal, State, and local government buildings and 
                vehicles;
                    ``(B) hydrogen-based infrastructure for buses and 
                other fleet transportation systems that include zero-
                emission vehicles; and
                    ``(C) hydrogen-based distributed power generation, 
                including the generation of combined heat, power, and 
                hydrogen.

``SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS.

    ``The Secretary shall enter into cooperative and cost-sharing 
agreements with Federal, State, and local agencies for participation by 
the agencies in demonstrations at facilities administered by the 
agencies, with the aim of integrating high efficiency hydrogen systems 
using fuel cells into the facilities to provide immediate benefits and 
promote a smooth transition to hydrogen as an energy source.

``SEC. 204. INTEGRATIO
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N AND DISSEMINATION OF TECHNICAL INFORMATION.

    ``The Secretary shall--
            ``(1) integrate all the technical information that becomes 
        available as a result of development and demonstration projects 
        under this title;
            ``(2) make the information available to all Federal and 
        State agencies for dissemination to all interested persons; and
            ``(3) foster the exchange of generic, nonproprietary 
        information and technology developed under this title among 
        industry, academia, and Federal, State, and local governments, 
        to help the United States economy attain the economic benefits 
        of the information and technology.''.
    (c) Authorization of Appropriations.--Section 205 of the Hydrogen 
Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) (as 
redesignated by subsection (b)) is amended by striking ``section'' and 
all that follows and inserting the following: ``title--
            ``(1) $20,000,000 for fiscal year 2002;
            ``(2) $25,000,000 for fiscal year 2003;
            ``(3) $30,000,000 for fiscal year 2004;
            ``(4) $35,000,000 for fiscal year 2005; and
            ``(5) $40,000,000 for fiscal year 2006.''.
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