846 
HR 3221 PCS
(B) the development of a technique that 
vastly increases the efficiency of using solar en-
ergy to generate hydrogen for use in energy 
cells; and 
(C) the development of a novel membrane 
used in new and powerful direct-oxidant fuel 
cells that is capable of competing favorably with 
hydrogen fuel cells and traditional internal com-
bustion engines; and 
(18) cooperation between the United States and 
Israel in the field of research and development of al-
ternative renewable energy sources would be in the 
interests of both countries, and both countries stand 
to gain much from such cooperation. 
SEC. 9323. GRANT PROGRAM. 
(a) AUTHORITY.—Pursuant to the responsibilities de-
scribed in section 102(10), (14), and (17) of the Depart-
ment of Energy Organization Act (42 U.S.C. 7112(10), 
(14), and (17)) and section 103(9) of the Energy Reorga-
nization Act of 1974 (42 U.S.C. 5813(9)), the Secretary, 
in consultation with the BIRD or BSF, shall award grants 
to eligible entities. 
(b) APPLICATION.— 
(1) SUBMISSION OF APPLICATIONS.—To receive 
a grant under this section, an eligible entity shall 
VerDate Aug 31 2005 
04:23 Sep 06, 2007
Jkt 059200
PO 00000
Frm 00846
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.PCS
H3221
bajohnson on PROD1PC77 with BILLS
847 
HR 3221 PCS
submit an application to the Secretary containing 
such information and assurances as the Secretary, in 
consultation with the BIRD or BSF, may require. 
(2) SELECTION OF ELIGIBLE ENTITIES.—The 
Secretary, in consultation with the Directors of the 
BIRD and BSF, may review any application sub-
mitted by any eligible entity and select any eligible 
entity meeting criteria established by the Secretary, 
in consultation with the Advisory Board, for a grant 
under this section. 
(c) AMOUNT OF GRANT.—The amount of each grant 
awarded for a fiscal year under this section shall be deter-
mined by the Secretary, in consultation with the BIRD 
or BSF. 
(d) RECOUPMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall establish procedures and criteria for 
recoupment in connection with any eligible project 
carried out by an eligible entity that receives a grant 
under this section, which has led to the development 
of a product or process which is marketed or used. 
(2) AMOUNT REQUIRED.— 
(A) Except as provided in subparagraph 
(B), such recoupment shall be required as a 
VerDate Aug 31 2005 
04:23 Sep 06, 2007
Jkt 059200
PO 00000
Frm 00847
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.PCS
H3221
bajohnson on PROD1PC77 with BILLS
848 
HR 3221 PCS
condition for award and be proportional to the 
Federal share of the costs of such project, and 
shall be derived from the proceeds of royalties 
or licensing fees received in connection with 
such product or process. 
(B) In the case where a product or process 
is used by the recipient of a grant under this 
section for the production and sale of its own 
products or processes, the recoupment shall 
consist of a payment equivalent to the payment 
which would be made under subparagraph (A). 
(3) WAIVER.—The Secretary may at any time 
waive or defer all or some of the recoupment re-
quirements of this subsection as necessary, depend-
ing on— 
(A) the commercial competitiveness of the 
entity or entities developing or using the prod-
uct or process; 
(B) the profitability of the project; and 
(C) the commercial viability of the product 
or process utilized. 
(e) PRIVATE FUNDS.—The Secretary may accept 
contributions of funds from private sources to carry out 
this part. 
VerDate Aug 31 2005 
04:23 Sep 06, 2007
Jkt 059200
PO 00000
Frm 00848
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.PCS
H3221
bajohnson on PROD1PC77 with BILLS