104TH CONGRESS

1ST SESSION H. R. 655

AN ACT

To authorize basic research, development, and dempurposes. onstration on hydrogen as a fuel, and for other
104TH CONGRESS

1ST SESSION H. R. 655

AN ACT

To authorize basic research, development, and demonstration

on hydrogen as a fuel, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hydrogen Future Act

5 of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) fossil fuels, the main energy source of the

9 present, have provided this country with tremendous

10 supply but are limited and polluting;

11 (2) additional basic research and development

12 are needed to encourage private sector investment in

13 development of new and better energy sources and

14 enabling technologies;

15 (3) hydrogen holds tremendous promise as a

16 fuel, because it can be extracted from water and can
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1 be burned much more cleanly than conventional

2 fuels;

3 (4) hydrogen production efficiency is a major

4 technical barrier to society collectively benefiting

5 from one of the great energy sources of the future;

6 (5) an aggressive, results-oriented, multiyear re7 search initiative on efficient hydrogen fuel produc8 tion and use should continue; and

9 (6) the current Federal effort to develop hydro10 gen as a fuel is inadequate.

11 SEC. 3. PURPOSES.

12 The purposes of this Act are—

13 (1) to provide for a basic research, develop14 ment, and demonstration program leading to the

15 production, storage, transport, and use of hydrogen

16 for industrial, residential, transportation, and utility

17 applications; and

18 (2) to provide for advice from academia and the

19 private sector in the implementation of the Depart20 ment of Energy hydrogen research, development,

21 and demonstration program to ensure that economic

22 benefits of the program accrue to the United States.

23 SEC. 4. DEFINITIONS.

24 For purposes of this Act—
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1 (1) the term ‘‘demonstration’’ means a valida2 tion of the technical feasibility of a theory or proc3 ess;

4 (2) the term ‘‘Department’’ means the Depart5 ment of Energy; and

6 (3) the term ‘‘Secretary’’ means the Secretary

7 of Energy.

8 SEC. 5. RESEARCH AND DEVELOPMENT.

9 (a) AUTHORIZED ACTIVITIES.—Pursuant to this sec10 tion, the Spark M. Matsunaga Hydrogen Research, Devel11 opment, and Demonstration Act of 1990 and the Energy

12 Policy Act of 1992, and in accordance with the purposes

13 of this Act, the Secretary shall provide for a hydrogen en14 ergy basic research, development, and demonstration pro15 gram relating to production, storage, transportation, and

16 use of hydrogen, with the goal of enabling the private sec17 tor to demonstrate the technical feasibility of using hydro18 gen for industrial, residential, transportation, and utility

19 applications. In establishing priorities for Federal funding

20 under this section, the Secretary shall survey private sec21 tor hydrogen activities and take steps to ensure that ac22 tivities under this section do not displace or compete with

23 the privately funded hydrogen activities of United States

24 industry.
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1 (b) SCHEDULE.—Within 180 days after the date of

2 the enactment of the later of this Act or an Act providing

3 appropriations for programs authorized by this Act, the

4 Secretary shall solicit proposals from all interested parties

5 for carrying out the research, development, and dem6 onstration activities authorized under this section. The

7 Secretary may consider a proposal from a contractor who

8 manages and operates a Department facility under con9 tract with the Department, and the contractor may per10 form the work at that facility or any other facility. Within

11 180 days after such solicitation, if the Secretary identifies

12 proposals worthy of Federal assistance, financial assist13 ance shall be awarded under this section competitively,

14 using peer review of proposals with appropriate protection

15 of proprietary information. The Secretary shall use appro16 priations authorized by this Act that are not allocated for

17 such awards to carry out research, development, and dem18 onstration activities in accordance with the purposes of

19 this Act.

20 (c) COST SHARING.—(1) Except as otherwise pro21 vided in section 6, for research proposals funded under

22 this Act, the Secretary shall require a commitment from

23 non-Federal sources of at least 25 percent of the cost of

24 the proposed program. The Secretary may reduce or elimi25 nate the non-Federal requirement under this paragraph
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1 if the Secretary determines that the research is of such

2 a purely basic or fundamental nature that a non-Federal

3 commitment is not obtainable.

4 (2) The Secretary shall require at least 50 percent

5 of the costs directly and specifically related to any develop6 ment or demonstration project under this Act to be pro7 vided from non-Federal sources.

8 (d) CERTIFICATIONS AND REQUIREMENTS.—Before

9 financial assistance is provided under this section or the

10 Spark M. Matsunaga Hydrogen Research, Development,

11 and Demonstration Act of 1990—

12 (1) the Secretary must ensure that providing

13 such financial assistance is consistent with the

14 Agreement on Subsidies and Countervailing Meas15 ures as approved in section 101 of the Uruguay

16 Round Agreements Act (19 U.S.C. 3511); and

17 (2) industry participants must certify that they

18 have made reasonable efforts to obtain non-Federal

19 funding for the entire cost of the project, and that

20 such non-Federal funding could not be reasonably

21 obtained.

22 (e) DUPLICATION OF PROGRAMS.—The Secretary

23 shall not carry out any activities under this section that

24 unnecessarily duplicate activities carried out elsewhere by

25 the Federal Government or the private sector.
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1 SEC. 6. HIGHLY INNOVATIVE TECHNOLOGIES.

2 Of the amounts made available for carrying out sec3 tion 5, up to 5 percent shall be used to support basic re4 search on highly innovative energy technologies. Such

5 amounts shall not be subject to the cost sharing require6 ments in section 5(c).

7 SEC. 7. TECHNOLOGY TRANSFER.

8 The Secretary shall foster the exchange of generic,

9 nonproprietary information and technology, developed

10 pursuant to section 5, among industry, academia, and the

11 Federal Government. The Secretary shall ensure that eco12 nomic benefits of such exchange of information and tech13 nology will accrue to the United States economy.

14 SEC. 8. REPORTS TO CONGRESS.

15 Within 18 months after the date of the enactment

16 of this Act, and annually thereafter, the Secretary shall

17 transmit to the Congress a detailed report on the status

18 and progress of the Department’s hydrogen research and

19 development program, with particular emphasis on activi20 ties carried out pursuant to section 7 of this Act. Such

21 report shall include an analysis of the effectiveness of such

22 program, to be prepared and submitted by the Hydrogen

23 Technical Advisory Panel established under section 108

24 of the Spark M. Matsunaga Hydrogen Research, Develop25 ment, and Demonstration Act of 1990. Such Panel shall

26 also make recommendations for improvements to such pro-
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1 gram if needed, including recommendations for additional

2 legislation.

3 SEC. 9. COORDINATION AND CONSULTATION.

4 (a) COORDINATION WITH OTHER FEDERAL AGEN5 CIES.—The Secretary shall coordinate all hydrogen re6 search and development activities within the Department,

7 and with the activities of other Federal agencies involved

8 in similar research and development, including the De9 partment of Defense, the Department of Transportation,

10 and the National Aeronautics and Space Administration.

11 Further, the Secretary shall pursue opportunities for co12 operation with such Federal entities.

13 (b) CONSULTATION.—The Secretary shall consult

14 with the Hydrogen Technical Advisory Panel established

15 under section 108 of the Spark M. Matsunaga Hydrogen

16 Research, Development, and Demonstration Act of 1990

17 as necessary in carrying out this Act.

18 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

19 (a) GENERAL AUUTHORIZATION.—There are author20 ized to be appropriated, to carry out the purposes of this

21 Act—

22 (1) $25,000,000 for fiscal year 1996;

23 (2) $35,000,000 for fiscal year 1997; and

24 (3) $40,000,000 for fiscal year 1998.
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1 (b) RELATED AUTHORIZATIONS.—(1) For each of

2 the fiscal years 1996, 1997, and 1998, the total amount

3 which may be obligated for Energy Supply Research and

4 Development Activities shall not exceed the total amount

5 obligated for such activities in fiscal year 1995.

6 (2) Paragraph (1) of this subsection does not author7 ize the appropriation of any Federal funds.

Passed the House of Representatives May 2, 1995.

Attest:

Clerk.