H-Prize Act of 2006 - (Sec. 3) Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
Instructs the Secretary to 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).
Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions.
States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity.
Terminates the authority to announce the prize competitions on September 30, 2017.
(Sec. 4) Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology.
Prescribes guidelines for implementation and eligibility.
(Sec. 6) Declares that 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.
(Sec. 7) Prescribes guidelines for waiver of liability by registered participants.
(Sec. 8) Authorizes appropriations for FY2007-FY2016. Prescribes award allocation guidelines.
(Sec. 9) States that the programs created under this Act shall not be considered a substitute for federal research and development programs.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5143 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5143
To authorize the Secretary of Energy to establish monetary prizes for
achievements in overcoming scientific and technical barriers associated
with hydrogen energy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2006
Mr. Inglis of South Carolina (for himself, Mr. Lipinski, Mr. Kingston,
Mr. Wamp, Mr. Wolf, Mr. Boehlert, Mr. Ehlers, Mr. Bartlett of Maryland,
Mr. Wynn, Mr. Dent, Mr. Larson of Connecticut, Mr. McCaul of Texas, Mr.
Brown of South Carolina, Mr. Wilson of South Carolina, and Mr. Terry)
introduced the following bill; which was referred to the Committee on
Science
_______________________________________________________________________
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 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) 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, and large and small businesses.
(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.
(d) Funding Sources.--Prizes under this Act may consist of Federal
appropriated funds and funds provided by private entities or
individuals 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.
(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 a private source. 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 a
private source.
(f) Sunset.--The authority to announce prize competitions under
this Act shall terminate on September 30, 2017.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in components or systems related to--
(A) hydrogen production;
(B) hydrogen storage;
(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.
(b) Awards.--
(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. 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 at least one
prize competition authorized under subsection (a)(3) as soon
after the date of enactment of this Act as is practicable. To
the extent permitted under section 3(e), the Secretary may
announce additional prize competitions authorized under
subsection (a)(3) as appropriate to accelerate the development
and adoption of hydrogen technologies. A prize offered under
this paragraph shall be in the amount of $100,000,000. The
Secretary may allow the winner of a prize under this paragraph
to receive up to $10,000,000 of the prize in a lump sum as
cash. Any portion of the prize not received as a lump sum in
cash shall be paid to the winner as a Federal 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 Federal match amount paid to another entity that is
continuing the development of the winning technology. The
Secretary shall announce how much of a prize will be available
as a lump sum and the rules for receiving the Federal 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).
(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, through an
agreement under section 3(c), 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.--Registered participants shall be required
to agree to assume any and all risks, and waive claims against the
Federal Government and its related entities, except in the case of
willful misconduct, for, any injury, death, damage, or loss of
property, revenue, or profits, whether direct, indirect, or
consequential, arising from their participation in a competition under
this Act, whether such injury, death, damage, or loss arises through
negligence or otherwise. For the purposes of this subsection, the term
``related entity'' means a contractor or subcontractor at any tier, and
a supplier, user, customer, cooperating party, grantee, investigator,
or detailee.
(b) Liability Insurance.--
(1) Requirements.--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.--There are authorized to be
appropriated to the Secretary for carrying out this Act $55,000,000 for
each of the fiscal years 2007 through 2016, of which no more than
$1,000,000 for any fiscal year may be used for administrative expenses.
(b) Carryover of Funds.--Funds appropriated pursuant to this Act
shall remain available until expended.
SEC. 9. NONSUBSTITUTION.
The programs created under this Act shall not be considered a
substitute for Federal research and development programs.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science.
Committee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Science. H. Rept. 109-456.
Reported (Amended) by the Committee on Science. H. Rept. 109-456.
Placed on the Union Calendar, Calendar No. 254.
Mr. Inglis (SC) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2346-2354)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5143.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Considered as unfinished business. (consideration: CR H2366-2367)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 6, 1 Present (Roll no. 131).(text: CR H2346-2347)
Roll Call #131 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 6, 1 Present (Roll no. 131). (text: CR H2346-2347)
Roll Call #131 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.