-CITE-
    42 USC CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND
           DEMONSTRATION PROGRAM                           01/02/2006
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
      CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                                  PROGRAM
-MISC1-
    Sec.
    12401.      Finding, purposes, and definitions.
                  (a)  Finding.
                  (b)  Purposes.
                  (c)  Definitions.
    12402.      Report to Congress.
    12403.      Hydrogen research and development.
                  (a)  Program.
                  (b)  Research.
                  (c)  Innovative energy technologies.
                  (d)  Renewable energy systems; hybrid systems.
                  (e)  Information.
                  (f)  Federal funding.
                  (g)  Non-Federal funding.
                  (h)  Prohibition on duplicative efforts.
                  (i)  Federal funding consistent with the Agreement
                        on Subsidies and Countervailing Measures.
    12404.      Demonstrations.
                  (a)  Requirement.
                  (b)  Small-scale demonstrations.
                  (c)  Non-Federal funding.
    12405.      Technology transfer program.
                  (a)  Program.
                  (b)  Information.
    12406.      Coordination and consultation.
                  (a)  Secretary's responsibility.
                  (b)  Assistance.
                  (c)  Consultation.
    12407.      Technical panel.
                  (a)  Establishment.
                  (b)  Membership.
                  (c)  Cooperation.
                  (d)  Review.
                  (e)  Support.
    12408.      Authorization of appropriations.
-End-
-CITE-
    42 USC Sec. 12401                                           01/02/2006
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12401. Finding, purposes, and definitions
-STATUTE-
    (a) Finding
      Congress finds that it is in the national interest to accelerate
    efforts to develop a domestic capability to economically produce
    hydrogen in quantities that will make a significant contribution
    toward reducing the Nation's dependence on conventional fuels.
    (b) Purposes
      The purposes of this chapter are -
        (1) to direct the Secretary of Energy to conduct a research,
      development, and demonstration program leading to the production,
      storage, transport, and use of hydrogen for industrial,
      residential, transportation, and utility applications;
        (2) to direct the Secretary to develop a technology assessment
      and information transfer program among the Federal agencies and
      aerospace, transportation, energy, and other entities; and
        (3) to develop renewable energy resources as a primary source
      of energy for the production of hydrogen.
    (c) Definitions
      As used in this chapter, the term:
        (1) "critical technology" (or "critical technical issue") means
      a technology (or issue) that, in the opinion of the Secretary,
      requires understanding and development in order to take the next
      needed step in the development of hydrogen as an economic fuel or
      storage medium;
        (2) "Department" means the Department of Energy; and
        (3) "Secretary" means the Secretary of Energy.
-SOURCE-
    (Pub. L. 101-566, Sec. 102, Nov. 15, 1990, 104 Stat. 2797; Pub. L.
    104-271, title I, Sec. 101, Oct. 9, 1996, 110 Stat. 3304.)
-MISC1-
                                AMENDMENTS
      1996 - Subsec. (b)(1). Pub. L. 104-271, Sec. 101(a), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "to
    direct the Secretary to prepare a comprehensive 5-year
    comprehensive program management plan that will identify and
    resolve critical technical issues necessary for the realization of
    a domestic capability to produce, distribute, and use hydrogen
    economically within the shortest time practicable;".
      Subsec. (c). Pub. L. 104-271, Sec. 101(b), added par. (2) and
    redesignated former par. (2) as (3).
                       SHORT TITLE OF 1996 AMENDMENT
      Section 1 of Pub. L. 104-271 provided that: "This Act [enacting
    section 7238 of this title, amending this section and sections
    12402 to 12405, 12407, 12408, and 13436 of this title, and enacting
    provisions set out as notes under sections 7238, 12403, and 13436
    of this title] may be cited as the 'Hydrogen Future Act of 1996'."
                                SHORT TITLE
      Section 101 of Pub. L. 101-566 provided that: "This Act [enacting
    this chapter] may be referred to as the 'Spark M. Matsunaga
    Hydrogen Research, Development, and Demonstration Act of 1990'."
-End-
-CITE-
    42 USC Sec. 12402                                           01/02/2006
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12402. Report to Congress
-STATUTE-
      (a) Not later than January 1, 1999, the Secretary shall transmit
    to Congress a detailed report on the status and progress of the
    programs authorized under this chapter.
      (b) A report under subsection (a) of this section shall include,
    in addition to any views and recommendations of the Secretary -
        (1) an analysis of the effectiveness of the programs authorized
      under this chapter, to be prepared and submitted to the Secretary
      by the Hydrogen Technical Advisory Panel established under
      section 12407 of this title; and
        (2) recommendations of the Hydrogen Technical Advisory Panel
      for any improvements in the program that are needed, including
      recommendations for additional legislation.
-SOURCE-
    (Pub. L. 101-566, Sec. 103, Nov. 15, 1990, 104 Stat. 2797; Pub. L.
    104-271, title I, Sec. 102(a), Oct. 9, 1996, 110 Stat. 3304.)
-MISC1-
                                AMENDMENTS
      1996 - Pub. L. 104-271 amended section generally, substituting
    provisions requiring report to Congress on chapter programs by Jan.
    1, 1999, for provisions regarding preparation and contents of
    comprehensive 5-year program management plan for research and
    development activities and comprehensive large-scale hydrogen
    demonstration plan with respect to section 12404 demonstrations.
-End-
-CITE-
    42 USC Sec. 12403                                           01/02/2006
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12403. Hydrogen research and development
-STATUTE-
    (a) Program
      The Secretary shall conduct a hydrogen research and development
    program relating to production, storage, transportation, and use of
    hydrogen, with the goal of enabling the private sector to
    demonstrate the technical feasibility of using hydrogen for
    industrial, residential, transportation, and utility applications.
    (b) Research
      In conducting the program authorized by this section, the
    Secretary shall -
        (1) give particular attention to developing an understanding
      and resolution of critical technical issues preventing the
      introduction of hydrogen into the marketplace;
        (2) initiate or accelerate existing research in critical
      technical issues that will contribute to the development of more
      economic hydrogen production and use, including, but not limited
      to, critical technical issues with respect to production (giving
      priority to those production techniques that use renewable energy
      resources as their primary source of energy for hydrogen
      production), liquefaction, transmission, distribution, storage,
      and use (including use of hydrogen in surface transportation);
      and
        (3) survey private sector hydrogen activities and take steps to
      ensure that research and development activities under this
      section do not displace or compete with the privately funded
      hydrogen research and development activities of United States
      industry.
    (c) Innovative energy technologies
      The Secretary is authorized to evaluate any reasonable new or
    improved technology, including basic research on highly innovative
    energy technologies, that could lead or contribute to the
    development of economic hydrogen production, storage, and
    utilization.
    (d) Renewable energy systems; hybrid systems
      The Secretary is authorized to evaluate any reasonable new or
    improved technology that could lead or contribute to, or
    demonstrate the use of, advanced renewable energy systems or hybrid
    systems for use in isolated communities that currently import
    diesel fuel as the primary fuel for electric power production.
    (e) Information
      The Secretary is authorized to arrange for tests and
    demonstrations and to disseminate to researchers and developers
    information, data, and other materials necessary to support the
    research and development activities authorized under this section
    and other efforts authorized under this chapter, consistent with
    section 12405 of this title.
    (f) Federal funding
      The Secretary shall carry out the research and development
    activities authorized under this section only through the funding
    of research and development proposals submitted by interested
    persons according to such procedures as the Secretary may require
    and evaluate on a competitive basis using peer review. Such funding
    shall be in the form of a grant agreement, procurement contract, or
    cooperative agreement (as those terms are used in chapter 63 of
    title 31).
    (g) Non-Federal funding
      The Secretary shall not consider a proposal submitted by a person
    from industry unless the proposal contains a certification that
    reasonable efforts to obtain non-Federal funding for the entire
    cost of the project have been made, and that such non-Federal
    funding could not be reasonably obtained. As appropriate, the
    Secretary shall require a commitment from non-Federal sources of at
    least 50 percent of the cost of the development portion of such a
    proposal.
    (h) Prohibition on duplicative efforts
      The Secretary shall not carry out any activities under this
    section that unnecessarily duplicate activities carried out
    elsewhere by the Federal Government or industry.
    (i) Federal funding consistent with the Agreement on Subsidies and
      Countervailing Measures
      The Secretary shall establish, after consultation with other
    Federal agencies, terms and conditions under which Federal funding
    will be provided under this chapter that are consistent with the
    Agreement on Subsidies and Countervailing Measures referred to in
    section 3511(d)(12) of title 19.
-SOURCE-
    (Pub. L. 101-566, Sec. 104, Nov. 15, 1990, 104 Stat. 2798; Pub. L.
    104-271, title I, Sec. 103(a), Oct. 9, 1996, 110 Stat. 3305.)
-MISC1-
                                AMENDMENTS
      1996 - Pub. L. 104-271 amended section generally, substituting
    present provisions for provisions which stated in subsec. (a) the
    Secretary was to conduct a research and development program for
    development of a domestic hydrogen fuel production capability;
    subsec. (b) attention was to be given to research of critical
    technical issues; subsec. (c) renewable energy priority; subsec.
    (d) new technologies; and subsec. (e) gathering and dissemination
    of information to support research and development efforts.
                                FUEL CELLS
      Title II of Pub. L. 104-271 provided that:
      "SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION
        SYSTEMS.
      "(a) Not later than 180 days after the date of enactment of this
    section [Oct. 9, 1996], and subject to the availability of
    appropriations made specifically for this section, the Secretary of
    Energy shall solicit proposals for projects to prove the
    feasibility of integrating fuel cells with -
        "(1) photovoltaic systems for hydrogen production; or
        "(2) systems for hydrogen production from solid waste via
      gasification or steam reforming.
      "(b) Each proposal submitted in response to the solicitation
    under this section shall be evaluated on a competitive gas is
    [basis] using peer review. The Secretary is not required to make an
    award under this section in the absence of a meritorious proposals.
    [sic]
      "(c) The Secretary shall give preference, in making an award
    under this section, to proposals that -
        "(1) are submitted jointly from consortia including academic
      institutions, industry, State or local governments, and Federal
      laboratories; and
        "(2) reflect proven experience and capability with technologies
      relevant to the systems described in subsections (a)(1) and
      (a)(2).
      "(d) In the case of a proposal involving development or
    demonstration, the Secretary shall require a commitment from non-
    Federal sources of at least 50 percent of the cost of the
    development or demonstration portion of the proposal.
      "(e) The Secretary shall establish, after consultation with other
    Federal agencies, terms and conditions under which Federal funding
    will be provided under this title that are consistent with the
    Agreement on Subsidies and Countervailing Measures referred to in
    section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C.
    3511(d)(12)).
      "SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated, for activities under
    this section [title], a total of $50,000,000 for fiscal years 1997
    and 1998, to remain available until September 30, 1999."
-End-
-CITE-
    42 USC Sec. 12404                                           01/02/2006
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12404. Demonstrations
-STATUTE-
    (a) Requirement
      The Secretary shall conduct demonstrations of critical
    technologies, preferably in self-contained locations, so that
    technical and non-technical parameters can be evaluated to best
    determine commercial applicability of the technology.
    (b) Small-scale demonstrations
      Concurrently with activities conducted pursuant to section 12403
    of this title, the Secretary shall conduct small-scale
    demonstrations of hydrogen technology at self-contained sites.
    (c) Non-Federal funding
      The Secretary shall require a commitment from non-Federal sources
    of at least 50 percent of the cost of any demonstration conducted
    under this section.
-SOURCE-
    (Pub. L. 101-566, Sec. 105, Nov. 15, 1990, 104 Stat. 2799; Pub. L.
    104-271, title I, Sec. 104, Oct. 9, 1996, 110 Stat. 3306.)
-MISC1-
                                AMENDMENTS
      1996 - Subsec. (c). Pub. L. 104-271 added subsec. (c).
-End-
-CITE-
    42 USC Sec. 12405                                           01/02/2006
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12405. Technology transfer program
-STATUTE-
    (a) Program
      The Secretary shall conduct a program designed to accelerate
    wider application of hydrogen production, storage, utilization, and
    other technologies available in near term as a result of aerospace
    experience as well as other research progress by transferring
    critical technologies to the private sector. The Secretary shall
    direct the program with the advice and assistance of the Hydrogen
    Technical Advisory Panel established under section 12407 of this
    title. The objective in seeking this advice is to increase
    participation of private industry in the demonstration of near
    commercial applications through cooperative research and
    development arrangements, joint ventures or other appropriate
    arrangements involving the private sector.
    (b) Information
      The Secretary, in carrying out the program authorized by
    subsection (a) of this section, shall -
        (1) undertake an inventory and assessment of hydrogen
      technologies and their commercial capability to economically
      produce, store, or utilize hydrogen in aerospace, transportation,
      electric utilities, petrochemical, chemical, merchant hydrogen,
      and other industrial sectors; and
        (2) develop a National Aeronautics Space Administration,
      Department of Energy, and industry information exchange program
      to improve technology transfer for -
          (A) application of aerospace experience by industry;
          (B) application of research progress by industry and
        aerospace;
          (C) application of commercial capability of industry by
        aerospace; and
          (D) expression of industrial needs to research organizations.
    The information exchange program may consist of workshops,
    publications, conferences, and a data base for the use by the
    public and private sectors. The Secretary shall also foster the
    exchange of generic, nonproprietary information and technology,
    developed pursuant to this chapter, among industry, academia, and
    the Federal Government, to help the United States economy attain
    the economic benefits of this information and technology.
-SOURCE-
    (Pub. L. 101-566, Sec. 106, Nov. 15, 1990, 104 Stat. 2799; Pub. L.
    104-271, title I, Sec. 105, Oct. 9, 1996, 110 Stat. 3306.)
-MISC1-
                                AMENDMENTS
      1996 - Subsec. (b). Pub. L. 104-271 inserted at end "The
    Secretary shall also foster the exchange of generic, nonproprietary
    information and technology, developed pursuant to this chapter,
    among industry, academia, and the Federal Government, to help the
    United States economy attain the economic benefits of this
    information and technology."
-End-
-CITE-
    42 USC Sec. 12406                                           01/02/2006
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12406. Coordination and consultation
-STATUTE-
    (a) Secretary's responsibility
      The Secretary shall have overall management responsibility for
    carrying out programs under this chapter. In carrying out such
    programs, the Secretary, consistent with such overall management
    responsibility -
        (1) shall use the expertise of the National Aeronautics and
      Space Administration and the Department of Transportation; and
        (2) may use the expertise of any other Federal agency in
      accordance with subsection (b) of this section in carrying out
      any activities under this chapter,(!1) to the extent that the
      Secretary determines that any such agency has capabilities which
      would allow such agency to contribute to the purpose of this
      chapter.
    (b) Assistance
      The Secretary may, in accordance with subsection (a) of this
    section, obtain the assistance of any department, agency, or
    instrumentality of the Executive branch of the Federal Government
    upon written request, on a reimbursable basis or otherwise and with
    the consent of such department, agency, or instrumentality. Each
    such request shall identify the assistance the Secretary deems
    necessary to carry out any duty under this chapter.
    (c) Consultation
      The Secretary shall consult with the Administrator of the
    National Aeronautics and Space Administration, the Administrator of
    the Environmental Protection Agency, the Secretary of
    Transportation, and the Hydrogen Technical Advisory Panel
    established under section 12407 of this title in carrying out his
    authorities pursuant to this chapter.
-SOURCE-
    (Pub. L. 101-566, Sec. 107, Nov. 15, 1990, 104 Stat. 2800.)
-REFTEXT-
                            REFERENCES IN TEXT
      This chapter, the first time appearing in subsec. (a)(2), was in
    the original "this title", and was translated as reading "this Act"
    meaning Pub. L. 101-566, to reflect the probable intent of
    Congress, because Pub. L. 101-566 is not divided into titles.
-FOOTNOTE-
    (!1) See References in Text note below.
-End-
-CITE-
    42 USC Sec. 12407                                           01/02/2006
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12407. Technical panel
-STATUTE-
    (a) Establishment
      There is hereby established the Hydrogen Technical Advisory Panel
    (the "technical panel"), to advise the Secretary on the programs
    under this chapter.
    (b) Membership
      The technical panel shall be appointed by the Secretary and shall
    be comprised of such representatives from domestic industry,
    universities, professional societies, Government laboratories,
    financial, environmental, and other organizations as the Secretary
    deems appropriate based on his assessment of the technical and
    other qualifications of such representatives. Appointments to the
    technical panel shall be made within 90 days after November 15,
    1990. The technical panel shall have a chairman, who shall be
    elected by the members from among their number.
    (c) Cooperation
      The heads of the departments, agencies, and instrumentalities of
    the Executive branch of the Federal Government shall cooperate with
    the technical panel in carrying out the requirements of this
    section and shall furnish to the technical panel such information
    as the technical panel deems necessary to carry out this section.
    (d) Review
      The technical panel shall review and make any necessary
    recommendations to the Secretary on the following items -
        (1) the implementation and conduct of programs under this
      chapter; and
        (2) the economic, technological, and environmental consequences
      of the deployment of hydrogen production and use systems.
    (e) Support
      The Secretary shall provide such staff, funds and other support
    as may be necessary to enable the technical panel to carry out the
    functions described in this section.
-SOURCE-
    (Pub. L. 101-566, Sec. 108, Nov. 15, 1990, 104 Stat. 2800; Pub. L.
    104-271, title I, Sec. 102(b), Oct. 9, 1996, 110 Stat. 3305.)
-MISC1-
                                AMENDMENTS
      1996 - Subsec. (d)(3). Pub. L. 104-271 struck out par. (3) which
    read as follows: "comments on and recommendations for improvements
    in the comprehensive 5-year program management plan required under
    section 12402 of this title."
                      TERMINATION OF ADVISORY PANELS
      Advisory panels established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a panel
    established by the President or an officer of the Federal
    Government, such panel is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a panel
    established by Congress, its duration is otherwise provided for by
    law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.
-End-
-CITE-
    42 USC Sec. 12408                                           01/02/2006
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
                   PROGRAM
-HEAD-
    Sec. 12408. Authorization of appropriations
-STATUTE-
      There is hereby authorized to be appropriated to carry out the
    purposes of this chapter (in addition to any amounts made available
    for such purposes under other Acts) -
        (1) $3,000,000 for the fiscal year 1992;
        (2) $7,000,000 for the fiscal year 1993;
        (3) $10,000,000 for the fiscal year 1994;
        (4) $14,500,000 for fiscal year 1996;
        (5) $20,000,000 for fiscal year 1997;
        (6) $25,000,000 for fiscal year 1998;
        (7) $30,000,000 for fiscal year 1999;
        (8) $35,000,000 for fiscal year 2000; and
        (9) $40,000,000 for fiscal year 2001.
-SOURCE-
    (Pub. L. 101-566, Sec. 109, Nov. 15, 1990, 104 Stat. 2801; Pub. L.
    104-271, title I, Sec. 106, Oct. 9, 1996, 110 Stat. 3306.)
-MISC1-
                                AMENDMENTS
      1996 - Pub. L. 104-271 substituted "under other Acts" for "to
    other Acts" in introductory provisions and added pars. (4) to (9).
-End-