[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4138 Received in Senate (RDS)]
104th CONGRESS
2d Session
H. R. 4138
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 1996
Received
_______________________________________________________________________
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. 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 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 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
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.
Passed the House of Representatives September 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Jeff Trandahl,
Assistant to the Clerk.