H. R. 4138—3
‘‘(f) 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, United States Code).
‘‘(g) The Secretary shall not consider a proposal submitted
by a person from industry unless the proposal contains a certifi-
cation 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 else-
where by the Federal Government or industry.
‘‘(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) 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Act of 1992 (42 U.S.C. 13436) is repealed.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 subsection the following:
‘‘The Secretary shall also foster the exchange of generic, nonpropri-
etary 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.’’.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of Public Law 101–566 (42 U.S.C. 12408) is
amended—
(1) by striking ‘‘to other Acts’’ and inserting ‘‘under other
Acts’’;
(2) by striking ‘‘and’’ from the end of paragraph (2);
(3) by striking the period from the end of paragraph (3)
and inserting ‘‘;’’; and
(4) by adding at the end of the section the following:
‘‘(4) $14,500,000 for fiscal year 1996;
‘‘(5) $20,000,000 for fiscal year 1997;
H. R. 4138—4
‘‘(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.’’.
TITLE II—FUEL CELLS
SEC. 
201. 
INTEGRATION 
OF 
FUEL 
CELLS 
WITH 
HYDROGEN
PRODUCTION SYSTEMS.
(a) Not later than 180 days after the date of enactment of
this section, 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 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 including academic
institutions, industry, State or local governments, and Federal
laboratories; and
(2) reflect proven experience and capability with tech-
nologies 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 Agree-
ment 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 applicable
law and the authority of this section, may appoint for a limited
term, or on a temporary basis, scientists, engineers, and other
technical 
and 
professional 
personnel 
on 
leave 
of
absence from academic, industrial, or research institutions to work
for the Department.
H. R. 4138—5
(b) The Department may pay, to the extent authorized for
certain other Federal employees by section 5723 of title 5, United
States Code, travel expenses for any individual appointed for a
limited term or on a temporary 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 Depart-
ment 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 follow-
ing 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 transportation 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.