JOURNAL OF THE

628

T60.24 MAY 2

Stockman

Stump

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Young (AK)

Young (FL)

Zeliff

Zimmer

NOT VOTING—22

Baesler

Baldacci

Becerra

Brown (OH)

Clay

Cox

Gallegly

Hall (OH)

Hilliard

Jefferson

LaTourette

Menendez

Moakley

Moran

Rogers

Ros-Lehtinen

Saxton

Stark

Thompson

Waters

Wise

Wolf

So the amendment was not agreed to.

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, assumed

the Chair.

When Mr. HANSEN, Chairman, pursuant to House Resolution 136, reported

the bill back to the House with an

amendment adopted by the Committee.

The previous question having been

ordered by said resolution.

The following amendment, reported

from the Committee of the Whole

House on the state of the Union, was

agreed to:

Strike out all after the enacting clause and

insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Hydrogen

Future Act of 1995’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) fossil fuels, the main energy source of

the present, have provided this country with

tremendous supply but are limited and polluting;

(2) additional basic research and development are needed to encourage private sector

investment in development of new and better

energy sources and enabling technologies;

(3) hydrogen holds tremendous promise as

a fuel, because it can be extracted from

water and can be burned much more cleanly

than conventional fuels;

(4) hydrogen production efficiency is a

major technical barrier to society collectively benefiting from one of the great energy sources of the future;

(5) an aggressive, results-oriented,

multiyear research initiative on efficient hydrogen fuel production and use should continue; and

(6) the current Federal effort to develop

hydrogen as a fuel is inadequate.

SEC. 3. PURPOSES.

The purposes of this Act are—

(1) to provide for a basic research, development, and demonstration program leading to

the production, storage, transport, and use of

hydrogen for industrial, residential, transportation, and utility applications; and

(2) to provide for advice from academia and

the private sector in the implementation of

the Department of Energy hydrogen research, development, and demonstration program to ensure that economic benefits of the

program accrue to the United States.

SEC. 4. DEFINITIONS.

For purposes of this Act—

(1) the term ‘‘demonstration’’ means a validation of the technical feasibility of a theory or process;

(2) the term ‘‘Department’’ means the Department of Energy; and

(3) the term ‘‘Secretary’’ means the Secretary of Energy.

SEC. 5. RESEARCH AND DEVELOPMENT.

(a) AUTHORIZED ACTIVITIES.—Pursuant to

this section, the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 and the Energy Policy Act of

1992, and in accordance with the purposes of

this Act, the Secretary shall provide for a

hydrogen energy basic research, development, and demonstration 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. In establishing priorities for

Federal funding under this section, the Secretary shall survey private sector hydrogen

activities and take steps to ensure that activities under this section do not displace or

compete with the privately funded hydrogen

activities of United States industry.

(b) SCHEDULE.—Within 180 days after the

date of the enactment of the later of this Act

or an Act providing appropriations for programs authorized by this Act, the Secretary

shall solicit proposals from all interested

parties for carrying out the research, development, and demonstration activities authorized under this section. The Secretary

may consider a proposal from a contractor

who manages and operates a Department facility under contract with the Department,

and the contractor may perform the work at

that facility or any other facility. Within 180

days after such solicitation, if the Secretary

identifies proposals worthy of Federal assistance, financial assistance shall be awarded

under this section competitively, using peer

review of proposals with appropriate protection of proprietary information. The Secretary shall use appropriations authorized by

this Act that are not allocated for such

awards to carry out research, development,

and demonstration activities in accordance

with the purposes of this Act.

(c) COST SHARING.—(1) Except as otherwise

provided in section 6, for research proposals

funded under this Act, the Secretary shall

require a commitment from non-Federal

sources of at least 25 percent of the cost of

the proposed program. The Secretary may

reduce or eliminate the non-Federal requirement under this paragraph if the Secretary

determines that the research is of such a

purely basic or fundamental nature that a

non-Federal commitment is not obtainable.

(2) The Secretary shall require at least 50

percent of the costs directly and specifically

related to any development or demonstration project under this Act to be provided

from non-Federal sources.

(d) CERTIFICATIONS AND REQUIREMENTS.—

Before financial assistance is provided under

this section or the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990—

(1) the Secretary must ensure that providing such financial assistance is consistent

with the Agreement on Subsidies and Countervailing Measures as approved in section

101 of the Uruguay Round Agreements Act

(19 U.S.C. 3511); and

(2) industry participants must certify that

they have made reasonable efforts to obtain

non-Federal funding for the entire cost of

the project, and that such non-Federal funding could not be reasonably obtained.

(e) DUPLICATION OF PROGRAMS.—The Secretary shall not carry out any activities

under this section that unnecessarily duplicate activities carried out elsewhere by the

Federal Government or the private sector.

SEC. 6. HIGHLY INNOVATIVE TECHNOLOGIES.

Of the amounts made available for carrying out section 5, up to 5 percent shall be

used to support basic research on highly innovative energy technologies. Such amounts

shall not be subject to the cost sharing requirements in section 5(c).

SEC. 7. TECHNOLOGY TRANSFER.

The Secretary shall foster the exchange of

generic, nonproprietary information and

technology, developed pursuant to section 5,

among industry, academia, and the Federal

Government. The Secretary shall ensure

that economic benefits of such exchange of

information and technology will accrue to

the United States economy.

SEC. 8. REPORTS TO CONGRESS.

Within 18 months after the date of the enactment of this Act, and annually thereafter,

the Secretary shall transmit to the Congress

a detailed report on the status and progress

of the Department’s hydrogen research and

development program, with particular emphasis on activities carried out pursuant to

section 7 of this Act. Such report shall include an analysis of the effectiveness of such

program, to be prepared and submitted by

the Hydrogen Technical Advisory Panel established under section 108 of the Spark M.

Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990. Such

Panel shall also make recommendations for

improvements to such program if needed, including recommendations for additional legislation.

SEC. 9. COORDINATION AND CONSULTATION.

(a) COORDINATION WITH OTHER FEDERAL

AGENCIES.—The Secretary shall coordinate

all hydrogen research and development activities within the Department, and with the

activities of other Federal agencies involved

in similar research and development, including the Department of Defense, the Department of Transportation, and the National

Aeronautics and Space Administration. Further, the Secretary shall pursue opportunities for cooperation with such Federal entities.

(b) CONSULTATION.—The Secretary shall

consult with the Hydrogen Technical Advisory Panel established under section 108 of

the Spark M. Matsunaga Hydrogen Research,

Development, and Demonstration Act of 1990

as necessary in carrying out this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUUTHORIZATION.—There are

authorized to be appropriated, to carry out

the purposes of this Act—

(1) $25,000,000 for fiscal year 1996;

(2) $35,000,000 for fiscal year 1997; and

(3) $40,000,000 for fiscal year 1998.±

(b) RELATED AUTHORIZATIONS.—(1) For each

of the fiscal years 1996, 1997, and 1998, the

total amount which may be obligated for Energy Supply Research and Development Activities shall not exceed the total amount

obligated for such activities in fiscal year

1995.

(2) Paragraph (1) of this subsection does

not authorize the appropriation of any Federal funds.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, announced

that the yeas had it.

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

By unanimous consent, the title was

amended so as to read: ‘‘A bill to authorize basic research, development,

and demonstration on hydrogen as a

fuel, and for other purposes.’’.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T60.24 APPOINTMENT OF ADDITIONAL

CONFEREE—H.R. 1158

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, by unani-
HOUSE OF REPRESENTATIVES

629

1995 T60.29

mous consent and pursuant to clause

6(f) of rule X, announced the appointment of Mr. PACKARD as a manager on

the part of the House in the committee

of conference with the Senate on the

disagreeing votes of the two Houses on

the amendment of the Senate to the

bill H.R. 1158.

Ordered, That the Clerk notify the

Senate of the foregoing appointment.

T60.25 SUBPOENA

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, laid before

the House a communication, which was

read as follows:

HOUSE OF REPRESENTATIVES,

Washington, DC, April 11, 1995.

Hon. NEWT GINGRICH,

Speaker of the House, U.S. House of Representatives, Rayburn House Office Building,

Washington, DC.

DEAR MR. SPEAKER: I write to notify you

formally pursuant to Rule L (50) of the Rules

of the House that a member of my staff has

been served with a subpoena issued by the

District Court of the State of Texas. After

consultation with the General Counsel, I

have determined that compliance with the

subpoena is consistent with the privileges

and precedents of the House.

Sincerely,

FRANK TEJEDA,

Member of Congress.

T60.26 ENROLLED BILLS SIGNED

Mr. THOMAS, from the Committee

on House Administration, reported

that that committee had examined and

found truly enrolled bills of the House

of the following titles, which were

thereupon signed by the Speaker:

H.R. 421. An Act to amend the Alaska Native Claims Settlement Act to provide for

the purchase of common stock of Cook Inlet

region, and for other purposes;

H.R. 517. An Act to amend title V of Public

Law 96–550, designating the Chaco Culture

Archaeological Protection Sites, and for

other purposes;

H.R. 1380. An Act to provide a moratorium

on certain class action lawsuits relating to

the Truth in Lending Act.

T60.27 LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted—

To Mr. SAXTON, for today;

To Mr. ROGERS, for today;

To Ms. ROS-LEHTINEN, for today;

To Mr. MENENDEZ, for today;

To Mr. BAESLER, for today; and

To Mr. MORAN, for today after 2:30

p.m. and May 3.

And then,

T60.28 ADJOURNMENT

On motion of Mrs. LOWEY, at 7

o’clock and 25 minutes p.m., the House

adjourned.

T60.29 PUBLIC BILLS AND RESOLUTIONS

Under clause 5 of rule X and clause 4

of rule XXII, public bills and resolutions were introduced and severally referred as follows:

By Mr. HYDE:

H.R. 1528. A bill to supersede the modification of final judgment entered August 24,

1982, in the antitrust action styled United

States versus Western Electric, Civil Action

No. 82–0192, U.S. District Court for the District of Columbia, and for other purposes; to

the Committee on the Judiciary, and in addition to the Committee on Commerce, for a

period to be subsequently determined by the

Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned.

By Mr. HEFLEY (for himself and Mr.

ORTIZ) (both by request):

H.R. 1529. A bill to authorize certain construction at military installations for fiscal

year 1996, and for other purposes; to the

Committee on National Security.

By Mr. SPENCE (for himself and Mr.

DELLUMS) (both by request):

H.R. 1530. A bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal

year 1996, and for other purposes; to the

Committee on National Security.

By Mr. BILIRAKIS:

H.R. 1531. A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to

any employer who employs a member of the

Ready Reserve or of the National Guard for

a portion of the value of the service not performed for the employer while the employee

is performing service as such a member; to

the Committee on Ways and Means.

H.R. 1532. A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to

any employer who employs a member of the

Ready Reserve or of the National Guard for

a portion of the compensation paid by the

employer while the employee is performing

service as such a member; to the Committee

on Ways and Means.

By Mr. BRYANT of Tennessee (for himself, Mr. MCCOLLUM, Mr. SMITH of

Texas, Mr. SCHIFF, Mr. HEINEMAN,

Mr. EMERSON, Mr. WICKER, Mr. INGLIS

of South Carolina, Mr. CANADY, Mr.

LARGENT, Mr. BARR, and Mrs.

CHENOWETH):

H.R. 1533. A bill to amend title 18, United

States Code, to increase the penalty for escaping from a Federal prison; to the Committee on the Judiciary.

By Mr. HUTCHINSON:

H.R. 1534. A bill to amend title 38, United

States Code, to extend certain expiring authorities of the Department of Veterans Affairs, to authorize medical construction

projects for that Department for fiscal year

1996, and for other purposes; to the Committee on Veterans’ Affairs.

By Mr. GIBBONS (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr. FAZIO of California, Mr. RANGEL, Mr. STARK, Mr.

JACOBS, Mr. FORD, Mr. MATSUI, Mrs.

KENNELLY, Mr. COYNE, Mr. LEVIN, Mr.

CARDIN, Mr. MCDERMOTT, Mr. KLECZKA, Mr. LEWIS of Georgia, Mr. PAYNE

of Virginia, Mr. NEAL of Massachusetts, and Mr. FROST):

H.R. 1535. A bill to amend the Internal Revenue Code of 1986 to revise the tax rules on

expatriation, to modify the basis rules for

nonresident aliens becoming citizens or residents, and for other purposes; to the Committee on Ways and Means.

By Mr. HUTCHINSON:

H.R. 1536. A bill to amend title 38, United

States Code, to extend for 2 years an expiring authority of the Secretary of Veterans

Affairs with respect to determination of locality salaries for certain nurse anesthetist

positions in the Department of Veterans Affairs; to the Committee on Veterans’ Affairs.

By Mr. JACOBS:

H.R. 1537. A bill to amend the Truth in

Lending Act to provide that, for purposes of

any grace period offered by a creditor, the

date on a postmark shall establish the date

on which payment was made unless the consumer establishes that payment was made on

an earlier date; to the Committee on Banking and Financial Services.

By Mr. JOHNSON of South Dakota:

H.R. 1538. A bill to amend the Wild and

Scenic Rivers Act to limit acquisition of

land on the 39-mile segment of the Missouri

River, Nebraska and South Dakota, designated as a recreational river, to acquisition from willing sellers, and for other purposes; to the Committee on Resources.

By Mr. KENNEDY of Massachusetts

(for himself, Mr. FROST, Mr. DELLUMS, Mr. MOAKLEY, Mr. KENNEDY of

Rhode Island, Mr. BEILENSON, Mr.

FATTAH, Mr. SABO, Mr. LIPINSKI, Mr.

SKAGGS, Mr. GEJDENSON, and Mr.

SERRANO):

H.R. 1539. A bill to amend title 23, United

States Code, to provide a minimum level of

funding for bicycle transportation facilities

and pedestrian walkways, and for other purposes; to the Committee on Transportation

and Infrastructure.

By Mr. HALL of Ohio (for himself and

Mr. SMITH of New Jersey):

H.R. 1540. A bill to amend title 18, United

States Code, with respect to the dissemination of indecent material on cable television;

to the Committee on the Judiciary.

By Mr. KING:

H.R. 1541. A bill to impose economic sanctions against persons who trade with Iran; to

the Committee on International Relations,

and in addition to the Committees on Ways

and Means, and Government Reform and

Oversight, for a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned.

By Mr. LIPINSKI:

H.R. 1542. A bill to amend the Illinois and

Michigan Canal Heritage Corridor Act of 1984

to modify the boundaries of the corridor, and

for other purposes; to the Committee on Resources.

H.R. 1543. A bill to amend the Harmonized

Tariff Schedule of the United States to restore the duty rate that prevailed under the

tariff schedules of the United States for certain twine, cordage, ropes, and cables; to the

Committee on Ways and Means.

By Mr. NADLER:

H.R. 1544. A bill to prohibit the formation

of private paramilitary organizations; to the

Committee on the Judiciary.

By Mr. OBERSTAR:

H.R. 1545. A bill to provide for the certification by the Federal Aviation Administration of airports serving commuter air carriers, and for other purposes; to the Committee on Transportation and Infrastructure.

By Mr. SCHUMER (for himself, Mr.

RANGEL, Mrs. MALONEY, Mr. NADLER,

Ms. VELAZQUEZ, Mr. MANTON, Mr.

ENGEL, Ms. LOWEY, and Mr.

TORRICELLI):

H.R. 1546. A bill to amend the Internal Revenue Code of 1986 with respect to the treatment of cooperative housing corporations; to

the Committee on Ways and Means.

By Mr. TORRICELLI (for himself, Mr.

SCHUMER, Mr. BROWN of California,

Mr. ACKERMAN, Mr. JACOBS, Mr. WILSON, Mr. SHAYS, Mr. GEJDENSON, Mr.

MANTON, Mr. DEUTSCH, Mr. VENTO,

Mr. DELLUMS, Mr. LIPINSKI, Mr.

EVANS, Ms. LOWEY, Mr. FARR, Mr.

LEWIS of Georgia, Mr. KLECZKA, and

Mr. FRELINGHYSEN):

H.R. 1547. A bill to amend the Animal Welfare Act to strengthen the annual reporting

requirements of research facilities conducting animal experimentation or testing

and to improve the accountability of animal

experimentation programs of the Department of Defense; to the Committee on Agriculture, and in addition to the Committee on

National Security, for a period to be subsequently determined by the Speaker, in each