[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4138 Enrolled Bill (ENR)]

        H.R.4138

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
   To authorize the hydrogen research, development, and demonstration 
      programs of the Department of Energy, 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 1996''.

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 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 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:

``Sec. 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 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 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).

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:

``Sec. 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 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 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) 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.
    ``(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. Suchfunding 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 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 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, 
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.''.

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;
        ``(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 meritoriousproposals.
    (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, 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.
    (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 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 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.