[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[House]
[Pages H11337-H11340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      HYDROGEN FUTURE ACT OF 1996

  Mr. WALKER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4138) to authorize the hydrogen research, development, and 
demonstration programs of the Department of Energy, and for other 
purposes.
  The Clerk read as follows:

                               H.R. 4138

       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 title II and III--
       (1) the term ``Department'' means the Department of Energy; 
     and
       (2) the term ``Secretary'' means the Secretary of Energy.

[[Page H11338]]

                           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 (b) by striking ``; and'' 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 108-566 (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. HYDOGEN RESEARCH AND DEVELOPMENT.

       (a) Secretary 104 of Public Law 101-566 (42 U.S.A. 12493) 
     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 these 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 evaluated 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 basis 
     using peer review. The Secretary is not required to make an 
     award under this section in the absence of a 
     meritorious proposal.
       (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 is 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 terms, or on a temporary basis, scientists, 
     engineers, and other technical and profession 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

[[Page H11339]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Walker] and the gentleman from California [Mr. Brown] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Walker].
  Mr. WALKER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the gentleman from California [Mr. Brown] and I bring 
before the House H.R. 4138, the Hydrogen Future Act of 1996, to focus 
the U.S. Department of Energy's research and development programs of 
hydrogen as a fuel. Last year, with support on both sides of the aisle, 
a bill similar to this one, H.R. 655, passed the House with an 
overwhelming majority on May 2, 1995.
  H.R. 4138 incorporates some changes made to the earlier bill to 
accommodate interests of Members of the Senate and the House. These 
changes have been approved by the chairman and ranking members of the 
committees of jurisdiction.
  There are many people to thank who helped make passage of this bill 
possible. I would like to particularly acknowledge the ranking member 
of the House Science Committee, Mr. Brown, for his support in 
cosponsoring this bill with me. Mr. Brown has long been a supporter of 
hydrogen research and development, and I have appreciated his efforts 
in this area.
  I would also like to thank the Committee on Government Reform and 
Oversight for its cooperation on a provision in this bill over which it 
has jurisdiction.
  Mr. Speaker, H.R. 4138 provides the legislative authority necessary 
to continue the research and development of hydrogen as fuel into the 
21st century.
  Hydrogen is essentially a non-polluting, environmentally friendly, 
renewable resource that is one of the answers to our future energy 
needs.
  H.R. 4138, contains three titles. Under Title I, which is basically a 
slightly revised version of the earlier bill, H.R. 655, which passed 
this House overwhelmingly last year, the U.S. Department of Energy is 
directed to continue and expand its research and development of 
hydrogen as a fuel cooperatively with the private sector under a peer 
reviewed competitive process. Title I, increases funding for R&D over a 
period of 5 years to a level recommended by the Department of Energy's 
Hydrogen Technical Advisory Panel. This increase will help assure the 
best utilization of the funds while allowing budget priorities to be 
decided under a balanced plan.
  Title II specifically addresses research and development of hydrogen 
as a fuel in conjunction with fuel cell technology. This is a limited 
provision which calls for a research and development project to be 
funded and completed within 3 years. Title II assures that the 
Secretary of Energy is not required to make an award in the absence of 
a meritorious proposal.
  Title III allows the Secretary of Energy to make temporary 
appointments of scientists, engineers, and other professionals, who are 
on leave of absence from their own institutions, to work for the 
Department of Energy and to pay their travel expenses. These temporary 
personnel appointments are similar to those which other science 
agencies, such as the National Science Foundation, have used 
successfully for years to assure they have access to the best 
scientific and engineering professionals and administrators to assist 
in the operations of the agency.
  The Hydrogen Future Act, gives the House the opportunity to send to 
the Senate, and then the President's desk, a bill which is good for the 
environment, good for the economy, good for our health, and good for 
our future.
  I hope my colleagues will join me in voting for passage of H.R. 4138, 
the Hydrogen Future Act of 1996.

                              {time}  1715

  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of California. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. BROWN of California asked and was given permission to revise and 
extend his remarks.)
  Mr. BROWN of California. Mr. Speaker, I rise today in support of the 
Hydrogen Future Act. After much work by several Committees of Congress, 
I believe that we now have an excellent legislative product. This bill 
directs the Department of Energy to study important research problems 
associated with hydrogen fuels, and it authorizes minimal, but 
sufficient, funds to carry out these directives.
  As with many scientific endeavors, explaining the importance of these 
activities presents a unique challenge. However, today I am assisted by 
an editorial in the Washington Post, dated September 15, 1996, and 
titled, ``If We Kicked the Oil Habit, Saddam Wouldn't Menace Us.'' The 
authors of that editorial make the case that: ``Government-funded 
energy research and development is a far more prudent investment in 
economic security than military bases in the Arabian desert. * * * The 
only viable long-term U.S. strategy is to leave the Gulf by 
dramatically cutting the nation's oil use. No one should underestimate 
the difficulties and costs of doing so. That is precisely why there is 
no more time to lose.
  The authors of this editorial--who represent the U.S. Business and 
Industrial Council Education Foundation--realize that the global energy 
market forges bonds, for good or for bad, between every major economy 
in the world; and, in the last decade, it has been tensions in these 
relationships that have provided more impetus for the United States to 
go to war than any other factor. In fact, I would argue that energy 
security has, in part, replaced ``communism'' as the major 
international threat in the post-Cold War era. How we deal with this 
new threat define us as a nation, in much the same way that our 
approach to communism defined the post-World War II era.
  To meet this challenge, the authors of this editorial and I envision 
a future where energy demands are met by a wide array of energy 
sources, and the United States has broken its ties of dependence on the 
Middle East. Many of these energy sources are already part of global 
commerce, although most are in a fledgling state. These techniques 
include solar cells, wind turbines, fuel cells, and other renewable 
energy sources.
  I hope those who are listening understand that these technologies, 
and conservation methods, owe their success to a decade of Federal 
support for energy R&D. This R&D has produced: improved solar cell 
modules that allow the United States to lead the world in sales of this 
technology with over one-third of the $300 million per year 
photovoltaics market; novel wind turbines that save the energy 
equivalent of 4.4 million barrels of oil each year in California alone; 
and new window pane that keeps more heat inside a house than a wall.
  In addition to an opportunity to change the international balance of 
energy interests, energy R&D can also provide other benefits, such as: 
reduced environmental pollution, through increasingly clean fuels; 
improved international stability in developing countries, through the 
provision of cheap and plentiful energy, supplies; and enhanced U.S. 
economic growth, through reduced energy costs.
  Hydrogen fuel, the subject of today's legislation, may one day play 
an important role as a source of fuel. Hydrogen fuel may one day become 
an energy technology that Americans use every day to satisfy their 
everyday energy needs. In particular, hydrogen shows particular promise 
as an automotive fuel, and recently several auto-makers have developed 
prototype hydrogen fuel cell cars and buses.
  H.R. 4138, the measure before us today, will spur the demonstration 
of the technical feasibility of using hydrogen to fuel automotives and 
for

[[Page H11340]]

other applications; And, if will help to advance the state of the art 
in the general problem areas of hydrogen production, storage, and 
utilization. Specifically, this legislation sets the course for the 
next five years for U.S. hydrogen R&D efforts and enhances the 
leadership role of the Department of Energy in this important area. For 
these reasons alone, I would urge a vote for H.R. 4138.
  However, the bill also has a new title that was added by the Senate 
since the House passed this measure last year. This title provides 
broad authority to the Department to use scientists from the field as 
rotating staff, thereby strengthening the technical and scientific 
capabilities of the Department. I wholeheartedly support this 
initiative and applaud the Senate efforts to include this authority in 
H.R. 4138. I would also like to thank the House Government Reform 
Committee for discharging this part of the measure quickly so that we 
could pass this bill this year.
  In closing, I would like to commend Chairman Walker for conceiving of 
this bill and shepherding it through the legislative process. While we 
have had our differences in other areas of legislative interest this 
year, we both share a strong commitment to the hydrogen R&D efforts of 
the Federal Government and Mr. Walker has shown an unwavering belief in 
this technology.
  I urge the passage of H.R. 4138.
  Mr. Speaker, I might mention that not only are we comanaging this 
bill, but we are coauthors of this bill, which may be a unique 
situation in most of the legislation.
  I urge the passage of H.R. 4138.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WALKER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gutknecht). The question is on the 
motion offered by the gentleman from Pennsylvania [Mr. Walker] that the 
House suspend the rules and pass the bill, H.R. 4138.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________