104TH CONGRESS
2D SESSION
H. R. 4138
AN ACT
To authorize the hydrogen research, development,
and demonstration programs of the Department
of Energy, and for other purposes.
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SEC. 2. DEFINITIONS.
For purposes of titles II and III—
(1) the term ‘‘Department’’ means the Depart-
ment of Energy; and
(2) the term ‘‘Secretary’’ means the Secretary
of Energy.
TITLE I—HYDROGEN
SEC. 101. PURPOSES AND DEFINITIONS.
(a) Section 102(b)(1) of Public Law 101–566 (42
U.S.C. 12401(b)(1)) is amended to read as follows:
‘‘(1) to direct the Secretary of Energy to conduct a
research, development, and demonstration program lead-
ing to the production, storage, transport, and use of hy-
drogen for industrial, residential, transportation, and util-
ity applications;’’.
(b) Section 102(c) of Public Law 101–566 (42 U.S.C.
12401(c)) is amended—
(1) in subsection (1) by striking ‘‘; and’’ insert-
ing ‘‘;’’;
(2) by redesignating subsection (2) as sub-
section (3); and
(3) by inserting before subsection (3) (as redes-
ignated) the following new subsection:
‘‘(2) ‘Department’ means the Department of Energy;
and’’.
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SEC. 102. REPORTS TO CONGRESS.
(a) Section 103 of Public Law 101–566 (42 U.S.C.
12402) is amended to read as follows:
‘‘§ 103. Report to Congress
‘‘(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 Act.
‘‘(b) A report under subsection (a) shall include, in
addition to any views and recommendations of the Sec-
retary—
‘‘(1) an analysis of the effectiveness of the pro-
grams authorized under this chapter, to be prepared
and submitted to the Secretary by the Hydrogen
Technical Advisory Panel established under section
108 of this Act; and
‘‘(2) recommendations of the Hydrogen Tech-
nical Advisory Panel for any improvements in the
program that are needed, including recommenda-
tions for additional legislation.’’.
(b) Section 108(d) of Public Law 101–566 (42
U.S.C. 12407(d)) is amended—
(1) by adding ‘‘and’’ at the end of paragraph
(1);
(2) by striking ‘‘; and’’ at the end of paragraph
(2) and inserting a period; and
(3) by striking paragraph (3).
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SEC. 103. HYDROGEN RESEARCH AND DEVELOPMENT.
(a) Section 104 of Public Law 101–566 (42 U.S.C.
12403) is amended to read as follows:
‘‘§ 104. Hydrogen research and development
‘‘(a) The Secretary shall conduct a hydrogen research
and development program relating to production, storage,
transportation, and use of hydrogen, with the goal of ena-
bling the private sector to demonstrate the technical fea-
sibility of using hydrogen for industrial, residential, trans-
portation, and utility applications.
‘‘(b) In conducting the program authorized by this
section, the Secretary shall—
‘‘(1) give particular attention to developing an
understanding and resolution of critical technical is-
sues 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 tech-
nical issues with respect to production (giving prior-
ity to those production techniques that use renew-
able energy resources as their primary source of en-
ergy for hydrogen production), liquefaction, trans-
mission, distribution, storage, and use (including use
of hydrogen in surface transportation); and
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‘‘(3) survey private sector hydrogen activities
and take steps to ensure that research and develop-
ment activities under this section do not displace or
compete with the privately funded hydrogen research
and development activities of United States industry.
‘‘(c) The Secretary is authorized to evaluate any rea-
sonable new or improved technology, including basic re-
search on highly innovative energy technologies, that could
lead or contribute to the development of economic hydro-
gen production, storage, and utilization.
‘‘(d) The Secretary is authorized to evaluate any rea-
sonable new or improved technology that could lead or
contribute to, or demonstrate the use of, advanced renew-
able energy systems or hybrid systems for use in isolated
communities that currently import diesel fuel as the pri-
mary fuel for electric power production.
‘‘(e) The Secretary is authorized to arrange for tests
and demonstrations and to disseminate to researchers and
developers information, data, and other materials nec-
essary to support the research and development activities
authorized under this section and other efforts authorized
under this chapter, consistent with section 106 of this Act.
‘‘(f) The Secretary shall carry out the research and
development activities authorized under this section only
through the funding of research and development propos-
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als submitted by interested persons according to such pro-
cedures 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, United States Code).
‘‘(g) The Secretary shall not consider a proposal sub-
mitted by a person from industry unless the proposal con-
tains 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) The Secretary shall not carry out any activities
under this section that unnecessarily duplicate activities
carried out elsewhere by the Federal Government or indus-
try.
‘‘(i) 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 101(d)(12)
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of the Uruguay Round Agreement Act (19 U.S.C.
3511(d)(12)).’’.
(b)(1) Section 2026(a) of the Energy Policy Act of
1992 (42 U.S.C. 13436(a)) is amended by striking ‘‘, in
accordance with sections 3001 and 3002 of this Act,’’.
(2) Effective October 1, 1998, section 2026 of the
Energy Policy Act of 1992 (42 U.S.C. 13436) is repealed.
SEC. 104. DEMONSTRATIONS.
Section 105 of Public Law 101–566 (42 U.S.C.
12404) is amended by adding at the end the following new
subsection:
‘‘(c) 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.’’.
SEC. 105. TECHNOLOGY TRANSFER.
Section 106(b) of Public Law 101–566 (42 U.S.C.
12405(b)) is amended by adding to the end of the sub-
section the following:
‘‘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 econ-
omy attain the economic benefits of this information and
technology.’’.
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(1) photovoltaic systems for hydrogen produc-
tion; or
(2) systems for hydrogen production from solid
waste via gasification or steam reforming.
(b) Each proposal submitted in response to the solici-
tation under this section shall be evaluated on a competi-
tive gas is using peer review. The Secretary is not required
to make an award under this section in the absence of
a meritorious proposals.
(c) The Secretary shall give preference, in making an
award under this section, to proposals that—
(1) are submitted jointly from consortia includ-
ing 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 commit-
ment 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
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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, a total of $50,000,000 for fiscal years
1997 and 1998, to remain available until September 30,
1999.
TITLE III—DOE SCIENTIFIC AND
TECHNICAL PROGRAM QUALITY
SEC. 301. TEMPORARY APPOINTMENTS FOR SCIENTIFIC
AND TECHNICAL EXPERTS IN DEPARTMENT
OF ENERGY RESEARCH AND DEVELOPMENT
PROGRAMS.
(a) The Secretary, utilizing authority under other ap-
plicable law and the authority of this section, may appoint
for a limited term, or on a temporary basis, scientists, en-
gineers, and other technical and professional personnel on
leave of absence from academic, industrial, or research in-
stitutions to work for the Department.
(b) The Department may pay, to the extent author-
ized for certain other Federal employees by section 5723
of title 5, United States Code, travel expenses for any indi-
vidual appointed for a limited term or on a temporary
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basis and transportation expenses of his or her immediate
family and his or her household goods and personal effects
from that individual’s residence at the time of selection
or assignment to his or her duty station. The Department
may pay such travel expenses to the same extent for such
an individual’s return to the former place of residence
from his or her duty station, upon separation from the
Federal service following an agreed period of service. The
Department may also pay a per diem allowance at a rate
not to exceed the daily amounts prescribed under section
5702 of title 5 to such an individual, in lieu of transpor-
tation expenses of the immediate family and household
goods and personal effects, for the period of his or her
employment with the Department. Notwithstanding any
other provision of law, the employer’s contribution to any
retirement, life insurance, or health benefit plan for an
individual appointed for a term of one year or less, which
could be extended for no more than one additional year,
may be made or reimbursed from appropriations available
to the Department.
Passed the House of Representatives September 26,
1996.
Attest:
Clerk.