---
kind: "section"
citation: "42 U.S.C. § 16161d"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16161d"
heading: "Clean hydrogen electrolysis program"
release: "119-102"
url: "https://uscodex.org/usc/42/16161d"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VIII — Hydrogen"
---

# §16161d. Clean hydrogen electrolysis program

- (a) **Definitions—** In this section:
  - (1) **Electrolysis—** The term “electrolysis” means a process that uses electricity to split water into [hydrogen](/usc/42/16152.md?p=1) and oxygen.
  - (2) **Electrolyzer—** The term “electrolyzer” means a system that produces [hydrogen](/usc/42/16152.md?p=1) using [electrolysis](#a-1).
  - (3) **Program—** The term “program” means the program established under [subsection (b)](#b).
- (b) **Establishment—** Not later than 90 days after November 15, 2021, the [Secretary](/usc/42/15801.md?p=4) shall establish a research, development, demonstration, commercialization, and deployment [program](#a-3) for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing [clean hydrogen](/usc/42/16152.md?p=1) using [electrolyzers](#a-2).
- (c) **Goals—** The goals of the [program](#a-3) are—
  - (1) to reduce the cost of [hydrogen](/usc/42/16152.md?p=1) produced using [electrolyzers](#a-2) to less than $2 per kilogram of [hydrogen](/usc/42/16152.md?p=1) by 2026; and
  - (2) any other goals the [Secretary](/usc/42/15801.md?p=4) determines are appropriate.
- (d) **Demonstration projects—** In carrying out the [program](#a-3), the [Secretary](/usc/42/15801.md?p=4) shall [fund](/usc/42/12854.md?p=3) [demonstration projects](/usc/42/16281.md?p=d-2)—
  - (1) to demonstrate technologies that produce [clean hydrogen](/usc/42/16152.md?p=1) using [electrolyzers](#a-2); and
  - (2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in [paragraph (1)](#d-1).
- (e) **Focus—** The [program](#a-3) shall focus on research relating to, and the development, demonstration, and deployment of—
  - (1) low-temperature [electrolyzers](#a-2), including liquid-alkaline [electrolyzers](#a-2), membrane-based [electrolyzers](#a-2), and other advanced [electrolyzers](#a-2), capable of converting intermittent sources of electric power to [clean hydrogen](/usc/42/16152.md?p=1) with enhanced efficiency and durability;
  - (2) high-temperature [electrolyzers](#a-2) that combine electricity and heat to improve the efficiency of [clean hydrogen](/usc/42/16152.md?p=1) production;
  - (3) advanced reversible [fuel cells](/usc/42/16152.md?p=2) that combine the functionality of an [electrolyzer](#a-2) and a [fuel cell](/usc/42/16152.md?p=2);
  - (4) new highly active, selective, and durable [electrolyzer](#a-2) catalysts and electro-catalysts that—
    - (A) greatly reduce or eliminate the need for platinum group metals; and
    - (B) enable [electrolysis](#a-1) of complex mixtures with impurities, including seawater;
  - (5) modular [electrolyzers](#a-2) for distributed [energy](/usc/42/6311.md?p=7) systems and the bulk-power system (as defined in [section 824o(a)](/usc/16/824o.md?p=a) of title 16);
  - (6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater;
  - (7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of [electrolyzers](#a-2) at a high volume;
  - (8) [clean hydrogen](/usc/42/16152.md?p=1) [storage](/usc/42/16152.md?p=6) technologies;
  - (9) technologies that integrate [hydrogen](/usc/42/16152.md?p=1) production with—
    - (A) [clean hydrogen](/usc/42/16152.md?p=1) compression and drying technologies;
    - (B) [clean hydrogen](/usc/42/16152.md?p=1) [storage](/usc/42/16152.md?p=6); and
    - (C) transportation or stationary systems; and
  - (10) integrated systems that combine [hydrogen](/usc/42/16152.md?p=1) production with renewable power or nuclear power generation technologies, including hybrid systems with [hydrogen](/usc/42/16152.md?p=1) [storage](/usc/42/16152.md?p=6).
- (f) **Grants, contracts, cooperative agreements—**
  - (1) **Grants—** In carrying out the [program](#a-3), the [Secretary](/usc/42/15801.md?p=4) shall award grants, on a competitive basis, to [eligible entities](/usc/42/296.md?p=1) for [projects](/usc/42/11360.md?p=20) that the [Secretary](/usc/42/15801.md?p=4) determines would provide the greatest progress toward achieving the goal of the [program](#a-3) described in [subsection (c)](#c).
  - (2) **Contracts and cooperative agreements—** In carrying out the [program](#a-3), the [Secretary](/usc/42/15801.md?p=4) may enter into contracts and cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with [eligible entities](/usc/42/296.md?p=1) and Federal agencies for [projects](/usc/42/11360.md?p=20) that the [Secretary](/usc/42/15801.md?p=4) determines would further the purpose of the [program](#a-3) described in [subsection (b)](#b).
  - (3) **Eligibility; applications—**
    - (A) **In general—** The eligibility of an entity to receive a grant under [paragraph (1)](#f-1), to enter into a contract or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under [paragraph (2)](#f-2), or to receive funding for a [demonstration project](/usc/42/16281.md?p=d-2) under [subsection (d)](#d) shall be determined by the [Secretary](/usc/42/15801.md?p=4).
    - (B) **Applications—** An [eligible entity](/usc/42/256a.md?p=l-1) desiring to receive a grant under [paragraph (1)](#f-1), to enter into a contract or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under [paragraph (2)](#f-2), or to receive funding for a [demonstration project](/usc/42/16281.md?p=d-2) under [subsection (d)](#d) shall submit to the [Secretary](/usc/42/15801.md?p=4) an application at such time, in such manner, and containing such information as the [Secretary](/usc/42/15801.md?p=4) may require.
- (g) **Authorization of appropriations—** There is authorized to be appropriated to the [Secretary](/usc/42/15801.md?p=4) to carry out the [program](#a-3) $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.

## Source credit

(Pub. L. 109–58, title VIII, § 816, as added Pub. L. 117–58, div. D, title III, § 40314(2), Nov. 15, 2021, 135 Stat. 1013.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 816 of Pub. L. 109–58 was renumbered section 821 and is classified to section 16165 of this title.

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.