HR 632
6-6-07, Bill Passed House 408-8
Referred to Senate
Committee on Energy & Natural Resources
110th CONGRESS
1st Session
H. R. 632
IN THE SENATE OF THE UNITED STATES
June 7, 2007
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To authorize the Secretary of Energy to establish monetary prizes
for achievements in overcoming scientific and technical barriers associated
with hydrogen energy.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `H-Prize Act of 2007'.
SEC. 2. DEFINITIONS.
(1) ADMINISTERING ENTITY- The term `administering entity' means the entity
with which the Secretary enters into an agreement under section 3(c).
(2) DEPARTMENT- The term `Department' means the Department of Energy.
(3) SECRETARY- The term `Secretary' means the Secretary of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General- The Secretary shall carry out a program to competitively award
cash prizes in conformity with this Act to advance the research, development,
demonstration, and commercial application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors-
(1) ADVERTISING- The Secretary shall widely advertise prize competitions
to encourage broad participation, including by individuals, universities
(including historically Black colleges and universities and other minority
serving institutions), and large and small businesses (including businesses
owned or controlled by socially and economically disadvantaged persons).
(2) ANNOUNCEMENT THROUGH FEDERAL REGISTER NOTICE- The Secretary shall announce
each prize competition by publishing a notice in the Federal Register. This
notice shall include essential elements of the competition such as the subject
of the competition, the duration of the competition, the eligibility requirements
for participation in the competition, the process for participants to register
for the competition, the amount of the prize, and the criteria for awarding
the prize.
(c) Administering the Competitions- The Secretary shall enter into an agreement
with a private, nonprofit entity to administer the prize competitions, subject
to the provisions of this Act. The duties of the administering entity under
the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to pay for administrative
costs and to contribute to cash prizes, including funds provided in exchange
for the right to name a prize awarded under this section;
(3) developing, in consultation with and subject to the final approval of
the Secretary, the criteria for selecting winners in prize competitions,
based on goals provided by the Secretary;
(4) determining, in consultation with the Secretary, the appropriate amount
and funding sources for each prize to be awarded, subject to the final approval
of the Secretary with respect to Federal funding;
(5) providing advice and consultation to the Secretary on the selection
of judges in accordance with section 4(d), using criteria developed in consultation
with and subject to the final approval of the Secretary; and
(6) protecting against the entity's unauthorized use or disclosure of a
registered participant's trade secrets and confidential business information.
Any information properly identified as trade secrets or confidential business
information that is submitted by a participant as part of a competitive
program under this Act may be withheld from public disclosure.
(d) Funding Sources- Prizes under this Act shall consist of Federal appropriated
funds and any funds provided by the administering entity (including funds
raised pursuant to subsection (c)(2)) for such cash prize programs. The Secretary
may accept funds from other Federal agencies for such cash prizes and, notwithstanding
section 3302(b) of title 31, United States Code, may use such funds for the
cash prize program. Other than publication of the names of prize sponsors,
the Secretary may not give any special consideration to any private sector
entity or individual in return for a donation to the Secretary or administering
entity.
(e) Announcement of Prizes- The Secretary may not issue a notice required
by subsection (b)(2) until all the funds needed to pay out the announced amount
of the prize have been appropriated or committed in writing by the administering
entity. The Secretary may increase the amount of a prize after an initial
announcement is made under subsection (b)(2) if--
(1) notice of the increase is provided in the same manner as the initial
notice of the prize; and
(2) the funds needed to pay out the announced amount of the increase have
been appropriated or committed in writing by the administering entity.
(f) Sunset- The authority to announce prize competitions under this Act shall
terminate on September 30, 2018.
SEC. 4. PRIZE CATEGORIES.
(a) Categories- The Secretary shall establish prizes for--
(1) advancements in technologies, components, or systems related to--
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other hydrogen-based products
that best meet or exceed objective performance criteria, such as completion
of a race over a certain distance or terrain or generation of energy at
certain levels of efficiency; and
(3) transformational changes in technologies for the distribution or production
of hydrogen that meet or exceed far-reaching objective criteria, which shall
include minimal carbon emissions and which may include cost criteria designed
to facilitate the eventual market success of a winning technology.
(1) ADVANCEMENTS- To the extent permitted under section 3(e), the prizes
authorized under subsection (a)(1) shall be awarded biennially to the most
significant advance made in each of the four subcategories described in
subparagraphs (A) through (D) of subsection (a)(1) since the submission
deadline of the previous prize competition in the same category under subsection
(a)(1) or the date of enactment of this Act, whichever is later, unless
no such advance is significant enough to merit an award. No one such prize
may exceed $1,000,000. If less than $4,000,000 is available for a prize
competition under subsection (a)(1), the Secretary may omit one or more
subcategories, reduce the amount of the prizes, or not hold a prize competition.
(2) PROTOTYPES- To the extent permitted under section 3(e), prizes authorized
under subsection (a)(2) shall be awarded biennially in alternate years from
the prizes authorized under subsection (a)(1). The Secretary is authorized
to award up to one prize in this category in each 2-year period. No such
prize may exceed $4,000,000. If no registered participants meet the objective
performance criteria established pursuant to subsection (c) for a competition
under this paragraph, the Secretary shall not award a prize.
(3) TRANSFORMATIONAL TECHNOLOGIES- To the extent permitted under section
3(e), the Secretary shall announce one prize competition authorized under
subsection (a)(3) as soon after the date of enactment of this Act as is
practicable. A prize offered under this paragraph shall be not less than
$10,000,000, paid to the winner in a lump sum, and an additional amount
paid to the winner as a match for each dollar of private funding raised
by the winner for the hydrogen technology beginning on the date the winner
was named. The match shall be provided for 3 years after the date the prize
winner is named or until the full amount of the prize has been paid out,
whichever occurs first. A prize winner may elect to have the match amount
paid to another entity that is continuing the development of the winning
technology. The Secretary shall announce the rules for receiving the match
in the notice required by section 3(b)(2). The Secretary shall award a prize
under this paragraph only when a registered participant has met the objective
criteria established for the prize pursuant to subsection (c) and announced
pursuant to section 3(b)(2). Not more than $10,000,000 in Federal funds
may be used for the prize award under this paragraph. The administering
entity shall seek to raise $40,000,000 toward the matching award under this
paragraph.
(c) Criteria- In establishing the criteria required by this Act, the Secretary--
(1) shall consult with the Department's Hydrogen Technical and Fuel Cell
Advisory Committee;
(2) shall consult with other Federal agencies, including the National Science
Foundation; and
(3) may consult with other experts such as private organizations, including
professional societies, industry associations, and the National Academy
of Sciences and the National Academy of Engineering.
(d) Judges- For each prize competition, the Secretary in consultation with
the administering entity shall assemble a panel of qualified judges to select
the winner or winners on the basis of the criteria established under subsection
(c). Judges for each prize competition shall include individuals from outside
the Department, including from the private sector. A judge, spouse, minor
children, and members of the judge's household may not--
(1) have personal or financial interests in, or be an employee, officer,
director, or agent of, any entity that is a registered participant in the
prize competition for which he or she will serve as a judge; or
(2) have a familial or financial relationship with an individual who is
a registered participant in the prize competition for which he or she will
serve as a judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or entity--
(1) shall have complied with all the requirements in accordance with the
Federal Register notice required under section 3(b)(2);
(2) in the case of a private entity, shall be incorporated in and maintain
a primary place of business in the United States, and in the case of an
individual, whether participating singly or in a group, shall be a citizen
of, or an alien lawfully admitted for permanent residence in, the United
States; and
(3) shall not be a Federal entity, a Federal employee acting within the
scope of his employment, or an employee of a national laboratory acting
within the scope of his employment.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding a prize
under this Act, be entitled to any intellectual property rights derived as
a consequence of, or direct relation to, the participation by a registered
participant in a competition authorized by this Act. This section shall not
be construed to prevent the Federal Government from negotiating a license
for the use of intellectual property developed for a prize competition under
this Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability- The Secretary may require registered participants
to waive claims against the Federal Government and the administering entity
(except claims for willful misconduct) for any injury, death, damage, or loss
of property, revenue, or profits arising from the registered participants'
participation in a competition under this Act. The Secretary shall give notice
of any waiver required under this subsection in the notice required by section
3(b)(2). The Secretary may not require a registered participant to waive claims
against the administering entity arising out of the unauthorized use or disclosure
by the administering entity of the registered participant's trade secrets
or confidential business information.
(1) REQUIREMENTS- Registered participants shall be required to obtain liability
insurance or demonstrate financial responsibility, in amounts determined
by the Secretary, for claims by--
(A) a third party for death, bodily injury, or property damage or loss
resulting from an activity carried out in connection with participation
in a competition under this Act; and
(B) the Federal Government for damage or loss to Government property resulting
from such an activity.
(2) FEDERAL GOVERNMENT INSURED- The Federal Government shall be named as
an additional insured under a registered participant's insurance policy
required under paragraph (1)(A), and registered participants shall be required
to agree to indemnify the Federal Government against third party claims
for damages arising from or related to competition activities.
SEC. 8. REPORT TO CONGRESS.
Not later than 60 days after the awarding of the first prize under this Act,
and annually thereafter, the Secretary shall transmit to the Congress a report
that--
(1) identifies each award recipient;
(2) describes the technologies developed by each award recipient; and
(3) specifies actions being taken toward commercial application of all technologies
with respect to which a prize has been awarded under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations-
(1) AWARDS- There are authorized to be appropriated to the Secretary for
the period encompassing fiscal years 2008 through 2017 for carrying out
this Act--
(A) $20,000,000 for awards described in section (4)(a)(1);
(B) $20,000,000 for awards described in section 4(a)(2); and
(C) $10,000,000 for the award described in section 4(a)(3).
(2) ADMINISTRATION- In addition to the amounts authorized in paragraph (1),
there are authorized to be appropriated to the Secretary for each of fiscal
years 2008 and 2009 $2,000,000 for the administrative costs of carrying
out this Act.
(b) Carryover of Funds- Funds appropriated for prize awards under this Act
shall remain available until expended, and may be transferred, reprogrammed,
or expended for other purposes only after the expiration of 10 fiscal years
after the fiscal year for which the funds were originally appropriated. No
provision in this Act permits obligation or payment of funds in violation
of section 1341 of title 31 of the United States Code (commonly referred to
as the Anti-Deficiency Act).
SEC. 10. NONSUBSTITUTION.
The programs created under this Act shall not be considered a substitute for
Federal research and development programs.
Passed the House of Representatives June 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk.
END
