
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12403]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
 CHAPTER 128--HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM
 
Sec. 12403. Hydrogen research and development


(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.

(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.)


                               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.''

                  Section Referred to in Other Sections

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