110th CONGRESS
1st Session
S. 365
To authorize the Secretary of Energy to establish monetary prizes
for achievements in overcoming scientific and technical barriers associated
with hydrogen energy.
IN THE SENATE OF THE UNITED STATES
January 23, 2007
Mr. GRAHAM (for himself, Mr. HAGEL, and Mr. DORGAN) introduced the following
bill; which was read twice and referred to the Committee on Energy and Natural
Resources
A BILL
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 only 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 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;
(3) working with the Secretary to develop 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
for each prize to be awarded;
(5) selecting judges in accordance with section 4(d), using criteria developed
in consultation with the Secretary; and
(6) preventing the unauthorized use or disclosure of a registered participant's
intellectual property, trade secrets, and confidential business information.
(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 prizes. The Secretary
may accept funds from other Federal agencies for such cash prizes. The Secretary
may not give any special consideration to any private sector entity or individual
in return for a donation to the 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 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
shall consult with--
(1) the Department's Hydrogen Technical and Fuel Cell Advisory Committee;
(2) other Federal agencies, including the National Science Foundation;
and
(3) 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 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 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
intellectual property, 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. 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 through 2017 $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. 9. NONSUBSTITUTION.
The programs created under this Act shall not be considered a substitute
for Federal research and development programs.
END
