Hydrogen Future Act of 1996
PL 104-271 (H.R.4138), enacted 10/09/1996

110 STAT. 3304 
PUBLIC LAW 104-271—OCT. 9, 1996 
Public Law 104-271 
104th Congress 
An Act 
Oct. 9, 1996 
To authorize the hydrogen research, development, and demonstration programs 
[H.R. 4138) 
of the Department of Energy, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Hydrogen Future 
the United States of America in Congress assembled, 
Act of 1996. 
42 use 12401 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Hydrogen Future Act of 1996". 
42 use 7238 
SEC. 2. DEFINITIONS. 
For purposes of titles II and III— 
(1) the term "Department" means the Department 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 PubHc 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 leading to the production, 
storage, transport, and use of hydrogen for industrial, residential, 
transportation, and utility 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" inserting ";"; 
(2) by redesignating subsection (2) as subsection (3); and 
(3) by inserting before subsection (3) (as redesignated) the 
following new subsection: 
"(2) 'Department' means the Department of Energy; and". 
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 Secretary— 
"(1) an analysis of the effectiveness of the programs 
authorized under this chapter, to be prepared and submitted 
PUBLIC LAW 104-271—OCT. 9, 1996 
110 STAT. 3305 
to the Secretary by the Hydrogen Technical Advisory Panel 
established under section 108 of this Act; and 
"(2) recommendations of the Hydrogen Technical Advisory 
Panel for any improvements in the program that are needed, 
including recommendations 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 tne end of paragraph (1); 
(2) by striking "; and" at the end of paragraph (2) and 
inserting a period; and 
(3) by striking paragraph (3). 
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, transpor-
tation, 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) In conducting the program authorized by this section, the 
Secretary shall— 
"(1) give particular attention to developing an understand-
ing 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 £ind use, including, but 
not limited to, critical technical issues with respect to produc-
tion (giving priority to those production techniques that use 
renewable energy resources as their primary source of energy 
for hydrogen production), liquefaction, transmission, distribu-
tion, 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 tins 
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 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) 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) 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 106 of this Act. 
110 STAT. 3306 
PUBLIC LAW 104-271—OCT. 9, 1996 
"(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 strilmig ", in accordance with 
sections 3001 and 3002 of this Act,". 
(2) Effective October 1, 1998, section 2026 of the Energy PoUcy 
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" fi-om 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; 
PUBLIC LAW 104-271—OCT. 9, 1996 
110 STAT. 3307 
"(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 
note.^^ ^^^^ 
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 fiiel 
cells with— 
(1) photovoltaic systems for hydrogen production; or 
(2) systems for hydrogen production fi-om solid waste via 
gasification or steam reforming. 
(b) Each proposal submitted in response to the soHcitation 
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 proposeds. 
(c) The Secretary shall give preference, in making an award 
under this section, to proposals that— 
(1) are submitted jointly fi*om 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 fi*om 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 ni—DOE SCIENTIFIC AND TECHNICAL PROGRAM 
42 USC 7238. 
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 fi-om academic, industrial, or research institutions to work 
for the Department. 
110 STAT. 3308 
PUBLIC LAW 104-271—OCT. 9, 1996 
(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. 
Approved October 9, 1996. 
LEGISLATIVE HISTORY—H.R. 4138: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 26, considered and passed House. 
Sept. 28, considered and passed Senate.