§ 12401. Finding, purposes, and definitions

• (a) 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) 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) 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.

§ 12402. 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 chapter.
• (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 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.

§ 12403. 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 12405 of this title .
• (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).
• (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 3511(d)(12) of title 19 .

§ 12404. Demonstrations

• (a) 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) 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) 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.

§ 12405. Technology transfer program

• (a) 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) The Secretary, in carrying out the program authorized by subsection (a), 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.

§ 12406. Coordination and consultation

• (a) 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) in carrying out any activities under this chapter, 1 1 See References in Text note below. 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) The Secretary may, in accordance with subsection (a), 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) 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.

§ 12407. Technical panel

• (a) There is hereby established the Hydrogen Technical Advisory Panel (the “technical panel”), to advise the Secretary on the programs under this chapter.
• (b) 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) 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) 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) 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.

§ 12408. Authorization of appropriations

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.