Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990
PL 101-566 (S.639), enacted 11/15/1990

PUBLIC LAW 101-566—NOV. 15, 1990 
104 STAT. 2797 
Public Law 101-566 
101st Congress 
An Act 
To establish the Spark M. Matsunaga Hydrogen Research, Development, and Demon-
stration Pribram Act of 1990 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SEC. 101. SHORT TITLE. 
This Act may be referred to as the "Spark M. Matsunaga Hydro-
gen Research, Development, and Demonstration Act of 1990". 
SEC. 102. FINDING, PURPOSES, AND DEFINITION. 
(a) FINDING.—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 con-
tribution toward reducing the Nation's dependence on conventional 
fuels. 
OJ) PURPOSES.—The purposes of this Act are— 
(1) to direct the Secretary to prepare a comprehensive 5-year 
comprehensive program management plan that will identify 
and resolve critical technical issues necessary for the realization 
of a domestic capability to produce, distribute, and use hydrogen 
economically within the shortest time practicable; 
(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) DEFINITION.—As used in this Act, 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 eco-
nomic fuel or storeige medium; and 
(2) "Secretary" means the Secretary of Energy. 
SEC. 103. COMPREHENSIVE MANAGEMENT PLAN. 
(a) PLAN.—The Secretary shall prepare a comprehensive 5-year 
program memagement plan for research and development activities, 
which shall be conducted over a period of no less than 5 years and 
shall be consistent with the provisions of sections 104 and 105. In the 
preparation of such plan, the Secretary shall consult with the 
Administrator of the National Aeronautics and Space Administra-
tion, the Secretary of Transportation, the Hydrogen Technical Ad-
visory Panel established under section 108, and the heads of such 
other Federal agencies and such public and private organizations as 
he deems appropriate. The plan shall be structured to identify and 
address areas of research critical to the realization of a domestic 
hydrogen production capability within the shortest time practicable. 
Nov. 15.1990 
[S. 639] 
Spark M. 
Matsunaga 
Hydrogen 
Research, 
Development, 
and 
Demonstration 
Act of 1990. 
42 use 12401 
note. 
42 use 12401. 
42 use 12402. 
39-194 O - 91 - 16 : QL 3 Part 4 
104 STAT. 2798 
PUBLIC LAW 101-566—NOV. 15, 1990 
(b) CONTENTS OF PLAN.—Within 180 days after the date of the 
enactment of this Act, the Secretary shall transmit the comprehen-
sive program management plan to the Committee on Science, Space, 
and Technology of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate. Subsequent plans 
shall be incorporated in the management plan under this section. 
The plan shall include— 
(1) a prioritization of research areas critical to the economic 
use of hydrogen as a fuel and energy storage medium; 
(2) the program elements, management structure, and activi-
ties, including program responsibilities of individual agencies 
and individual institutional elements; 
(3) the program strategies including technical milestones to be 
achieved toward specific goals during each fiscal year for all 
major activities and projects; 
(4) the estimated costs of individual program items, including 
current as well as proposed funding levels for each of the 5 
years of the plan for each of the participating agencies; 
(5) a description of the methodology of coordination and tech-
nology transfer; and 
(6) the proposed participation by industry and academia in 
the planning and implementation of the program. 
(c) DEMONSTRATION PLAN.—The Secretary shall, in consultation 
with the Secretary of Transportation, the Administrator of the 
National Aeronautics and Space Administration, and the Hydrogen 
Technical Advisory Panel established under section 108, also pre-
pare a comprehensive large-scale hydrogen demonstration plan with 
respect to demonstrations carried out pursuant to section 105. Sub-
sequent plans shall be incorporated in the management plan under 
this section. Such plan shall include— 
(1) a description of the necessary research and development 
activities that must be completed before initiation of a large-
scale hydrogen production and storage demonstration program; 
(2) an assessment of the appropriateness of a large-scale 
demonstration immediately upon completion of the necessary 
research and development activities; 
(3) an implementation schedule with associated budget and 
program management resource requirements; and 
(4) a description of the role of the private sector in carrying 
out the demonstration program. 
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SEC. 104. RESEARCH AND DEVELOPMENT. 
(a) PROGRAM.—The Secretary shall conduct a research and devel-
opment program, consistent with the comprehensive 5-year program 
management plan under section 103, to ensure the development of a 
domestic hydrogen fuel production capability within the shortest 
time practicable consistent with market conditions. 
OJ) RESEARCH.—(1) Particular attention shall be given to develop-
ing an understanding and resolution of all critical technical issues 
preventing the introduction of hydrogen into the marketplace. 
(2) The Secretary shall initiate research or accelerate existing 
research in critical technical issues that will contribute to the 
development of more economic hydrogen production and use, includ-
ing, but not limited to, critical technical issues with respect to 
production, liquefaction, transmission, distribution, storage, and use 
(including use of hydrogen in surface transportation). 
PUBLIC LAW 101-566—NOV. 15, 1990 
104 STAT. 2799 
(c) RENEWABLE ENERGY PRIORITY.—The Secretary shall give prior-
ity to those production techniques that use renewable energy re-
sources as their primary source of energy for hydrogen production. 
(d) NEW TECHNOLOGIES.—The Secretary shall, for the purpose of 
performing his responsibilities pursuant to this Act, solicit proposals 
for and evaluate any reasonable new or improved technology that 
could lead or contribute to the development of economic hydrogen 
production storage and utilization. 
(e) INFORMATION.—The Secretary shall conduct evaluations, ar-
range for tests and demonstrations, and disseminate to developers 
information, data, and materials necessary to support efforts under-
taken pursuant to this section, consistent with section 106. 
SEC. 105. DEMONSTRATIONS. 
(a) REQUIREMENT.—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) SMALL-SCALE DEMONSTRATIONS.—Concurrently with activities 
conducted pursuant to section 104, the Secretary shall conduct 
small-scale demonstrations of hydrogen technology at self-contained 
sites. 
SEC. 106. TECHNOLOGY TRANSFER PROGRAM. 
(a) PROGRAM.—The Secretary shall conduct a program designed to 
accelerate wider application of hydrogen production, storage, utiliza-
tion, and other technologies available in near term £is a result of 
aerospace experience as well as other research progress by transfer-
ring 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 108. The objec-
tive 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. 
G)) INFORMATION.—The Secretary, in carrying out the program 
authorized by subsection (a), shall— 
(1) undertake an inventory and assessment of hydrogen tech-
nologies £ind 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 pro-
gram to improve technology transfer for— 
(A) application of aerospace experience by industry; 
(B) application of research progress by industry and aero-
space; 
(C) application of commercial capability of industry by 
aerospace; and 
(D) expression of industrial needs to research organiza-
tions. 
The information exchange program may consist of workshops, 
publications, conferences, and a data base for the use by the public 
and private sectors. 
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104 STAT. 2800 
PUBLIC LAW 101-566—NOV. 15, 1990 
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SEC. 107. COORDINATION AND CONSULTATION. 
(a) SECRETARY'S RESPONSIBILITY.—The Secretary shall have overall 
management responsibility for carrying out programs under this 
Act. 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 canying out any activities 
under this title, 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 Act. 
0>) ASSISTANCE.—The Secretary may, in accordance with subsec-
tion (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 gissistance the Secretary deems nec-
essary to carry out any duty under this Act. 
(c) CONSULTATION.—The Secretary shall consult with the Adminis-
trator of the National Aeronautics and Space Administration, the 
Administrator of the Environmental Protection Agency, the Sec-
retary of Transportation, and the Hydrogen Technical Advisory 
Panel established under section 108 in canying out his authorities 
pursuant to this Act. 
42 u s e 12407. 
SEC. 108. TECHNICAL PANEL. 
(a) ESTABLISHMENT.—There is hereby established the Hydrogen 
Technical Advisory Panel (the "technical panel"), to advise the 
Secretary on the programs under this Act. 
(b) MEMBERSHIP.—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. Appoint-
ments to the technical panel shall be made within 90 days after the 
enactment of this Act. The technical panel shall have a chairman, 
who shall be elected by the members from among their number. 
(c) COOPERATION.—The heads of the departments, agencies, and 
instrumentalities of the Executive branch of the Federal Grovern-
ment 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) REVIEW.—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 
Act; 
(2) the economic, technological, and environmental con-
sequences of the deplojnment of hydrogen production and use 
systems; and 
(3) comments on and recommendations for improvements in 
the comprehensive 5-year program management plan required 
under section 103. 
PUBLIC LAW 101-566—NOV. 15, 1990 
104 STAT. 2801 
(e) SUPPORT.—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. 
SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 12408. 
There is hereby authorized to be appropriated to carry out the 
purposes of this Act (in addition to any amounts made available for 
such purposes to other Acts)— 
(1) $3,000,000 for the fiscal year 1992; 
(2) $7,000,000 for the fiscal year 1993; and 
(3) $10,000,000 for the fiscal year 1994. 
Passed the Senate October 16 (legislative day, October 2), 1990. 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—S. 639 (H.R. 4521): 
HOUSE REPORTS: No. 101-474 accompanying H.R. 4521 (Ck)mm. on Science, Space, 
and Technology). 
SENATE REPORTS: Nos. 101-385 and 101-386 accompanying H.R. 4521, both from 
(Ck)mm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
May 8, H.R. 4521 considered and passed House. 
Oct. 16, S. 639 considered and passed Senate. 
Oct. 23, considered and passed House.