-CITE-

42 USC CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND

DEMONSTRATION PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-MISC1-

Sec.

12401. Finding, purposes, and definitions.

(a) Finding.

(b) Purposes.

(c) Definitions.

12402. Report to Congress.

12403. Hydrogen research and development.

(a) Program.

(b) Research.

(c) Innovative energy technologies.

(d) Renewable energy systems; hybrid systems.

(e) Information.

(f) Federal funding.

(g) Non-Federal funding.

(h) Prohibition on duplicative efforts.

(i) Federal funding consistent with the Agreement

on Subsidies and Countervailing Measures.

12404. Demonstrations.

(a) Requirement.

(b) Small-scale demonstrations.

(c) Non-Federal funding.

12405. Technology transfer program.

(a) Program.

(b) Information.

12406. Coordination and consultation.

(a) Secretary's responsibility.

(b) Assistance.

(c) Consultation.

12407. Technical panel.

(a) Establishment.

(b) Membership.

(c) Cooperation.

(d) Review.

(e) Support.

12408. Authorization of appropriations.

-End-

-CITE-

42 USC Sec. 12401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12401. Finding, purposes, and definitions

-STATUTE-

(a) Finding

Congress finds that it is in the national interest to accelerate

efforts to develop a domestic capability to economically produce

hydrogen in quantities that will make a significant contribution

toward reducing the Nation's dependence on conventional fuels.

(b) Purposes

The purposes of this chapter are -

(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;

(2) to direct the Secretary to develop a technology assessment

and information transfer program among the Federal agencies and

aerospace, transportation, energy, and other entities; and

(3) to develop renewable energy resources as a primary source

of energy for the production of hydrogen.

(c) Definitions

As used in this chapter, the term:

(1) "critical technology" (or "critical technical issue") means

a technology (or issue) that, in the opinion of the Secretary,

requires understanding and development in order to take the next

needed step in the development of hydrogen as an economic fuel or

storage medium;

(2) "Department" means the Department of Energy; and

(3) "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 101-566, Sec. 102, Nov. 15, 1990, 104 Stat. 2797; Pub. L.

104-271, title I, Sec. 101, Oct. 9, 1996, 110 Stat. 3304.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-271, Sec. 101(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "to

direct the Secretary to prepare a comprehensive 5-year

comprehensive program management plan that will identify and

resolve critical technical issues necessary for the realization of

a domestic capability to produce, distribute, and use hydrogen

economically within the shortest time practicable;".

Subsec. (c). Pub. L. 104-271, Sec. 101(b), added par. (2) and

redesignated former par. (2) as (3).

SHORT TITLE OF 1996 AMENDMENT

Section 1 of Pub. L. 104-271 provided that: "This Act [enacting

section 7238 of this title, amending this section and sections

12402 to 12405, 12407, 12408, and 13436 of this title, and enacting

provisions set out as notes under sections 7238, 12403, and 13436

of this title] may be cited as the 'Hydrogen Future Act of 1996'."

SHORT TITLE

Section 101 of Pub. L. 101-566 provided that: "This Act [enacting

this chapter] may be referred to as the 'Spark M. Matsunaga

Hydrogen Research, Development, and Demonstration Act of 1990'."

-End-

-CITE-

42 USC Sec. 12402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12402. Report to Congress

-STATUTE-

(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 chapter.

(b) A report under subsection (a) of this section 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 12407 of this title; and

(2) recommendations of the Hydrogen Technical Advisory Panel

for any improvements in the program that are needed, including

recommendations for additional legislation.

-SOURCE-

(Pub. L. 101-566, Sec. 103, Nov. 15, 1990, 104 Stat. 2797; Pub. L.

104-271, title I, Sec. 102(a), Oct. 9, 1996, 110 Stat. 3304.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-271 amended section generally, substituting

provisions requiring report to Congress on chapter programs by Jan.

1, 1999, for provisions regarding preparation and contents of

comprehensive 5-year program management plan for research and

development activities and comprehensive large-scale hydrogen

demonstration plan with respect to section 12404 demonstrations.

-End-

-CITE-

42 USC Sec. 12403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12403. Hydrogen research and development

-STATUTE-

(a) Program

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) Research

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) Innovative energy technologies

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) Renewable energy systems; hybrid systems

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) Information

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 12405 of this title.

(f) Federal funding

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).

(g) Non-Federal funding

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) Prohibition on duplicative efforts

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) Federal funding consistent with the Agreement on Subsidies and

Countervailing Measures

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 3511(d)(12) of title 19.

-SOURCE-

(Pub. L. 101-566, Sec. 104, Nov. 15, 1990, 104 Stat. 2798; Pub. L.

104-271, title I, Sec. 103(a), Oct. 9, 1996, 110 Stat. 3305.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-271 amended section generally, substituting

present provisions for provisions which stated in subsec. (a) the

Secretary was to conduct a research and development program for

development of a domestic hydrogen fuel production capability;

subsec. (b) attention was to be given to research of critical

technical issues; subsec. (c) renewable energy priority; subsec.

(d) new technologies; and subsec. (e) gathering and dissemination

of information to support research and development efforts.

FUEL CELLS

Title II of Pub. L. 104-271 provided that:

"SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION

SYSTEMS.

"(a) Not later than 180 days after the date of enactment of this

section [Oct. 9, 1996], 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

[basis] using peer review. The Secretary is not required to make an

award under this section in the absence of a meritorious proposals.

[sic]

"(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 [title], a total of $50,000,000 for fiscal years 1997

and 1998, to remain available until September 30, 1999."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12404 of this title.

-End-

-CITE-

42 USC Sec. 12404 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12404. Demonstrations

-STATUTE-

(a) Requirement

The Secretary shall conduct demonstrations of critical

technologies, preferably in self-contained locations, so that

technical and non-technical parameters can be evaluated to best

determine commercial applicability of the technology.

(b) Small-scale demonstrations

Concurrently with activities conducted pursuant to section 12403

of this title, the Secretary shall conduct small-scale

demonstrations of hydrogen technology at self-contained sites.

(c) Non-Federal funding

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.

-SOURCE-

(Pub. L. 101-566, Sec. 105, Nov. 15, 1990, 104 Stat. 2799; Pub. L.

104-271, title I, Sec. 104, Oct. 9, 1996, 110 Stat. 3306.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-271 added subsec. (c).

-End-

-CITE-

42 USC Sec. 12405 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12405. Technology transfer program

-STATUTE-

(a) Program

The Secretary shall conduct a program designed to accelerate

wider application of hydrogen production, storage, utilization, and

other technologies available in near term as a result of aerospace

experience as well as other research progress by transferring

critical technologies to the private sector. The Secretary shall

direct the program with the advice and assistance of the Hydrogen

Technical Advisory Panel established under section 12407 of this

title. The objective in seeking this advice is to increase

participation of private industry in the demonstration of near

commercial applications through cooperative research and

development arrangements, joint ventures or other appropriate

arrangements involving the private sector.

(b) Information

The Secretary, in carrying out the program authorized by

subsection (a) of this section, shall -

(1) undertake an inventory and assessment of hydrogen

technologies and their commercial capability to economically

produce, store, or utilize hydrogen in aerospace, transportation,

electric utilities, petrochemical, chemical, merchant hydrogen,

and other industrial sectors; and

(2) develop a National Aeronautics Space Administration,

Department of Energy, and industry information exchange program

to improve technology transfer for -

(A) application of aerospace experience by industry;

(B) application of research progress by industry and

aerospace;

(C) application of commercial capability of industry by

aerospace; and

(D) expression of industrial needs to research organizations.

The information exchange program may consist of workshops,

publications, conferences, and a data base for the use by the

public and private sectors. 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.

-SOURCE-

(Pub. L. 101-566, Sec. 106, Nov. 15, 1990, 104 Stat. 2799; Pub. L.

104-271, title I, Sec. 105, Oct. 9, 1996, 110 Stat. 3306.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-271 inserted at end "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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12403 of this title.

-End-

-CITE-

42 USC Sec. 12406 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12406. Coordination and consultation

-STATUTE-

(a) Secretary's responsibility

The Secretary shall have overall management responsibility for

carrying out programs under this chapter. In carrying out such

programs, the Secretary, consistent with such overall management

responsibility -

(1) shall use the expertise of the National Aeronautics and

Space Administration and the Department of Transportation; and

(2) may use the expertise of any other Federal agency in

accordance with subsection (b) of this section in carrying out

any activities under this chapter,(!1) to the extent that the

Secretary determines that any such agency has capabilities which

would allow such agency to contribute to the purpose of this

chapter.

(b) Assistance

The Secretary may, in accordance with subsection (a) of this

section, obtain the assistance of any department, agency, or

instrumentality of the Executive branch of the Federal Government

upon written request, on a reimbursable basis or otherwise and with

the consent of such department, agency, or instrumentality. Each

such request shall identify the assistance the Secretary deems

necessary to carry out any duty under this chapter.

(c) Consultation

The Secretary shall consult with the Administrator of the

National Aeronautics and Space Administration, the Administrator of

the Environmental Protection Agency, the Secretary of

Transportation, and the Hydrogen Technical Advisory Panel

established under section 12407 of this title in carrying out his

authorities pursuant to this chapter.

-SOURCE-

(Pub. L. 101-566, Sec. 107, Nov. 15, 1990, 104 Stat. 2800.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, the first time appearing in subsec. (a)(2), was in

the original "this title", and was translated as reading "this Act"

meaning Pub. L. 101-566, to reflect the probable intent of

Congress, because Pub. L. 101-566 is not divided into titles.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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42 USC Sec. 12407 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12407. Technical panel

-STATUTE-

(a) Establishment

There is hereby established the Hydrogen Technical Advisory Panel

(the "technical panel"), to advise the Secretary on the programs

under this chapter.

(b) Membership

The technical panel shall be appointed by the Secretary and shall

be comprised of such representatives from domestic industry,

universities, professional societies, Government laboratories,

financial, environmental, and other organizations as the Secretary

deems appropriate based on his assessment of the technical and

other qualifications of such representatives. Appointments to the

technical panel shall be made within 90 days after November 15,

1990. The technical panel shall have a chairman, who shall be

elected by the members from among their number.

(c) Cooperation

The heads of the departments, agencies, and instrumentalities of

the Executive branch of the Federal Government shall cooperate with

the technical panel in carrying out the requirements of this

section and shall furnish to the technical panel such information

as the technical panel deems necessary to carry out this section.

(d) Review

The technical panel shall review and make any necessary

recommendations to the Secretary on the following items -

(1) the implementation and conduct of programs under this

chapter; and

(2) the economic, technological, and environmental consequences

of the deployment of hydrogen production and use systems.

(e) Support

The Secretary shall provide such staff, funds and other support

as may be necessary to enable the technical panel to carry out the

functions described in this section.

-SOURCE-

(Pub. L. 101-566, Sec. 108, Nov. 15, 1990, 104 Stat. 2800; Pub. L.

104-271, title I, Sec. 102(b), Oct. 9, 1996, 110 Stat. 3305.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(3). Pub. L. 104-271 struck out par. (3) which

read as follows: "comments on and recommendations for improvements

in the comprehensive 5-year program management plan required under

section 12402 of this title."

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a panel

established by the President or an officer of the Federal

Government, such panel is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a panel

established by Congress, its duration is otherwise provided for by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12402, 12405, 12406 of

this title.

-End-

-CITE-

42 USC Sec. 12408 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 128 - HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROGRAM

-HEAD-

Sec. 12408. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated to carry out the

purposes of this chapter (in addition to any amounts made available

for such purposes under other Acts) -

(1) $3,000,000 for the fiscal year 1992;

(2) $7,000,000 for the fiscal year 1993;

(3) $10,000,000 for the fiscal year 1994;

(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.

-SOURCE-

(Pub. L. 101-566, Sec. 109, Nov. 15, 1990, 104 Stat. 2801; Pub. L.

104-271, title I, Sec. 106, Oct. 9, 1996, 110 Stat. 3306.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-271 substituted "under other Acts" for "to

other Acts" in introductory provisions and added pars. (4) to (9).

-End-