I 

111TH CONGRESS 

1ST SESSION H. R. 513 

To ensure the energy independence of the United States by promoting research, development, demonstration, and commercial application of technologies through a system of grants and prizes on the scale of the 

original Manhattan Project. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2009 

Mr. FORBES introduced the following bill; which was referred to the 

Committee on Science and Technology 

A BILL 

To ensure the energy independence of the United States 

by promoting research, development, demonstration, and 

commercial application of technologies through a system 

of grants and prizes on the scale of the original Manhattan Project. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘New Manhattan 

5 Project for Energy Independence’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Commission established under section 7. 

3 (2) RESEARCH.—The term ‘‘research’’ includes 

4 research on the technologies, materials, and manu5 facturing processes required to achieve the goals de6 scribed in section 3. 

7 SEC. 3. GOALS. 

8 (a) IN GENERAL.—The purpose of this Act is to en9 able the achievement of each of the following goals: 

10 (1) VEHICLE FUEL EFFICIENCIES AND ALTER11 NATIVE FUEL SOURCES.—Development and manu12 facturing of a plug-in hybrid vehicle, alternative fuel 

13 vehicle, electric vehicle, hydrogen fuel cell vehicle, or 

14 other alternative technology vehicle— 

15 (A) that is not more than 10 percent more 

16 expensive than a comparable model vehicle of 

17 the same model year; 

18 (B) with— 

19 (i) equal acceleration, horsepower, and 

20 top speed performance; and 

21 (ii) not more than 20 percent reduc22 tion in cargo space, 

23 as compared to a comparable model vehicle of 

24 the same model year; 


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1 (C) that meets or exceeds Federal safety 

2 standards; 

3 (D) that can travel at least 750 miles be4 tween refueling; and 

5 (E) in the case of a gasoline powered vehi6 cle, that can travel at least 70 miles per gallon 

7 of gasoline. 

8 (2) GREEN BUILDINGS.—Develop and build an 

9 energy efficient residential or commercial building 

10 that— 

11 (A) uses no more than 50 percent of the 

12 energy of the average new building of similar 

13 size and type; 

14 (B) costs no more than 15 percent more to 

15 construct than the cost of a building of similar 

16 size and type; and 

17 (C) can be effectively reproduced in a vari18 ety of climate environments found in the United 

19 States. 

20 (3) SOLAR POWER.—Construction of a large 

21 scale solar thermal power plant or solar photovoltaic 

22 power plant capable of generating 300 megawatts or 

23 more at a cost of 10 cents or less per kilowatt-hour 

24 when all capital and operating expenses are cal25 culated into the cost. 


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1 (4) BIOFUELS.—Development and production 

2 of a biofuel that, when mass produced, does not ex3 ceed 105 percent of the cost for the energy equiva4 lent of unleaded gasoline when all capital and oper5 ating expenses are calculated into the cost of the 

6 biofuel. 

7 (5) CARBON SEQUESTRATION.—Development 

8 and implementation of a carbon capture and storage 

9 system for a large scale coal-burning power plant 

10 that does not increase operating costs more than 15 

11 percent compared to a baseline design without car12 bon capture and storage while providing an esti13 mated chance of carbon dioxide escape no greater 

14 than 1 percent over 5,000 years. 

15 (6) NUCLEAR WASTE.—Development of both— 

16 (A) a validated process for remediation of 

17 the radioactive waste form so it is no longer 

18 harmful to the health or welfare of the environ19 ment or individuals for a period to be deter20 mined by the Commission, which shall be not 

21 less than 5,000 years; and 

22 (B) a model that accounts for all the ef23 fects of nuclear waste in that process. 

24 (7) NUCLEAR FUSION.—Development of a sus25 tainable nuclear fusion reaction capable of providing 


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1 a large-scale (greater than 300 megawatts), sustain2 able source of electricity for residential, commercial, 

3 or government entities. 

4 (b) AMENDMENT OF GOALS.—The Secretary of En5 ergy may amend a goal described in subsection (a) pursu6 ant to a recommendation from the Commission under sec7 tion 7(b)(5), or on his own initiative, if such amendment 

8 serves the purpose of achieving the goal of United States 

9 energy independence through the development of tech10 nologies that lead to the widespread adoption of improve11 ments that increase energy supply or energy efficiency. 

12 SEC. 4. SUMMIT. 

13 (a) IN GENERAL.—Not later than 60 days after the 

14 date of enactment of this Act, the President shall convene 

15 a summit that includes— 

16 (1) the principal advisors and directors of all 

17 programs in the Federal Government related to the 

18 achievement of the goals described in section 3; 

19 (2) the members of the Commission; and 

20 (3) leading researchers at the Federal labora21 tories and representatives of private sector partners 

22 engaged in the production and manufacturing of 

23 technologies necessary to achieve the goals described 

24 in section 3. 


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1 (b) PURPOSE.—The summit shall be for the purpose 

2 of reviewing the progress and promise for each of these 

3 technologies, the interrelationship of these technologies to 

4 each other, and additional funding resources needed to ac5 celerate the progress of these programs toward achieving 

6 the goals described in section 3. 

7 SEC. 5. GRANT PROGRAM. 

8 (a) IN GENERAL.—The Secretary of Energy, in con9 sultation with the Secretary of Defense, the Secretary of 

10 Transportation, the Administrator of the Environmental 

11 Protection Agency, and other Federal agencies as appro12 priate, shall carry out a program consisting of a collabo13 rative effort with industry, government, and academia to 

14 support research, development, demonstration, and com15 mercial application activities related to achieving the goals 

16 described in section 3. 

17 (b) GRANTS.—Such program shall consist of grants 

18 to researchers, large and small businesses, National Lab19 oratories, institutions of higher education, or any other 

20 qualified applicant, including veterans. 

21 (c) LIMITATION ON AMOUNT.—No grant shall be 

22 made under this section in an amount that exceeds 5 per23 cent of the amount authorized under section 8(1) for 

24 prizes for the achievement of the same goal. 


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1 (d) COST SHARING.—The Federal share of the costs 

2 of a project for which a grant is made under this section 

3 shall not exceed 15 percent. 

4 SEC. 6. PRIZE PROGRAM. 

5 (a) PRIZE AUTHORITY.— 

6 (1) IN GENERAL.—The Secretary of Energy 

7 shall carry out a program to competitively award 

8 cash prizes in conformity with this section to ad9 vance the research, development, demonstration, and 

10 commercial application necessary to achieve the 

11 goals described in section 3. 

12 (2) ADVERTISING AND SOLICITATION OF COM13 PETITORS.— 

14 (A) ADVERTISING.—The Secretary shall 

15 widely advertise prize competitions under this 

16 section to encourage broad participation by re17 searchers, large and small businesses, institu18 tions of higher education, and any other quali19 fied applicants, including veterans. 

20 (B) ANNOUNCEMENT THROUGH FEDERAL

21 REGISTER NOTICE.—The Secretary shall an22 nounce each prize competition under this sec23 tion by publishing a notice in the Federal Reg24 ister. This notice shall include essential ele25 ments of the competition such as the subject of 


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1 the competition, the duration of the competi2 tion, the eligibility requirements for participa3 tion in the competition, the process for partici4 pants to register for the competition, the 

5 amount of the prize, and the criteria for award6 ing the prize, which shall include, at a min7 imum, the achievement of one of the goals de8 scribed in section 3. 

9 (3) ANNOUNCEMENT OF PRIZES.—The Sec10 retary may not issue a notice required by paragraph 

11 (2)(B) until all the funds needed to pay out the an12 nounced amount of the prize have been appro13 priated. 

14 (b) PRIZE CATEGORIES.— 

15 (1) CATEGORIES.—The Secretary of Energy 

16 shall establish a single prize under this section for 

17 each of the goals described in paragraphs (1) 

18 through (7) of section 3. 

19 (2) CRITERIA.—In establishing the criteria re20 quired by this section, the Secretary— 

21 (A) shall consult with other Federal agen22 cies, including the National Science Founda23 tion; and 

24 (B) may consult with other experts such as 

25 private organizations, including professional soVerDate Nov 24 2008 03:29 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513

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1 cieties, industry associations, and the National 

2 Academy of Sciences and the National Academy 

3 of Engineering. 

4 (c) ELIGIBILITY.—To be eligible to win a prize under 

5 this section, an individual or entity— 

6 (1) shall have complied with all the require7 ments in accordance with the Federal Register no8 tice required under subsection (a)(2)(B); 

9 (2) in the case of a private entity, shall be in10 corporated in and maintain a primary place of busi11 ness in the United States, and in the case of an in12 dividual, whether participating singly or in a group, 

13 shall be a citizen of, or an alien lawfully admitted 

14 for permanent residence in, the United States; and 

15 (3) shall not be a Federal entity, a Federal em16 ployee acting within the scope of his employment, or 

17 an employee of a national laboratory acting within 

18 the scope of his employment. 

19 (d) AWARD SELECTION.— 

20 (1) IN GENERAL.—The Secretary of Energy 

21 shall award prizes under this section on the basis of 

22 the criteria published in the notice required under 

23 subsection (a)(2)(B), after receiving the rec24 ommendations of the Commission under section 

25 7(b)(3). 


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1 (2) CONGRESSIONAL NOTIFICATION.—If the 

2 Secretary awards a prize under paragraph (1) in a 

3 manner that does not conform to the recommenda4 tions of the Commission, the Secretary shall trans5 mit a report to the Congress explaining the reasons 

6 for such action. 

7 (e) INTELLECTUAL PROPERTY.—The Federal Gov8 ernment shall not, by virtue of offering or awarding a 

9 prize under this section, be entitled to any intellectual 

10 property rights derived as a consequence of, or direct rela11 tion to, the participation by a registered participant in a 

12 competition authorized by this section. This subsection 

13 shall not be construed to prevent the Federal Government 

14 from negotiating a license for the use of intellectual prop15 erty developed for a prize competition under this section. 

16 (f) LIABILITY.— 

17 (1) WAIVER OF LIABILITY.—The Secretary of 

18 Energy may require registered participants to waive 

19 claims against the Federal Government (except 

20 claims for willful misconduct) for any injury, death, 

21 damage, or loss of property, revenue, or profits aris22 ing from the registered participants’ participation in 

23 a competition under this section. The Secretary shall 

24 give notice of any waiver required under this para25 graph in the notice required by subsection (a)(2)(B). 


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1 (2) LIABILITY INSURANCE.— 

2 (A) REQUIREMENTS.—Registered partici3 pants in a prize competition under this section 

4 shall be required to obtain liability insurance or 

5 demonstrate financial responsibility, in amounts 

6 determined by the Secretary, for claims by— 

7 (i) a third party for death, bodily in8 jury, or property damage or loss resulting 

9 from an activity carried out in connection 

10 with participation in a competition under 

11 this section; and 

12 (ii) the Federal Government for dam13 age or loss to Government property result14 ing from such an activity. 

15 (B) FEDERAL GOVERNMENT INSURED.— 

16 The Federal Government shall be named as an 

17 additional insured under a registered partici18 pant’s insurance policy required under subpara19 graph (A) with respect to claims described in 

20 clause (i) of that subparagraph, and registered 

21 participants shall be required to agree to in22 demnify the Federal Government against third 

23 party claims for damages arising from or re24 lated to competition activities under this sec25 tion. 


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1 (g) NONSUBSTITUTION.—The programs created 

2 under this section shall not be considered a substitute for 

3 Federal research and development programs. 

4 SEC. 7. COMMISSION. 

5 (a) ESTABLISHMENT.—There shall be established the 

6 New Manhattan Project Commission on Energy Independ7 ence. 

8 (b) FUNCTIONS.—The Commission shall— 

9 (1) not later than 1 year after the date of en10 actment of this Act, submit to Congress and the 

11 President a report containing— 

12 (A) recommendations on steps that must 

13 be taken in order for the United States to 

14 achieve 50 percent energy independence within 

15 10 years and 100 percent energy independence 

16 within 20 years; and 

17 (B) an assessment of the impact of foreign 

18 energy dependence on United States national 

19 security; 

20 (2) advise the Secretary of Energy on the de21 sign and operation of the grant program established 

22 under section 5; 

23 (3) make recommendations to the Secretary of 

24 Energy on the design and operation, including selecVerDate Nov 24 2008 03:29 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513

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1 tion criteria, of the prize program carried out under 

2 section 6; 

3 (4) make recommendations to the Secretary of 

4 Energy selecting participants who have achieved a 

5 goal for which a prize will be awarded under section 

6 6; and 

7 (5) submit recommendations to Congress for 

8 any amendments to make the goals described in sec9 tion 3 more stringent, as appropriate because of 

10 changing circumstances, if such amendments serve 

11 the purpose of achieving the goal of United States 

12 energy independence through the development of 

13 technologies that lead to the widespread adoption of 

14 improvements that increase energy supply or energy 

15 efficiency. 

16 (c) MEMBERSHIP.—The Commission shall be com17 posed of 13 members as follows: 

18 (1) The Under Secretary for Science of the De19 partment of Energy. 

20 (2) The Administrator of the Research and In21 novative Technology Administration. 

22 (3) The Director of the National Science Foun23 dation. 

24 (4) The Chairman of the Federal Laboratory 

25 Consortium for Technology Transfer. 


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1 (5) The President of the National Academy of 

2 Sciences. 

3 (6) 2 members appointed by the Speaker of the 

4 House of Representatives. 

5 (7) 2 members appointed by the minority leader 

6 of the House of Representatives. 

7 (8) 2 members appointed by the majority leader 

8 of the Senate. 

9 (9) 2 members appointed by the minority leader 

10 of the Senate. 

11 (d) TERMS OF MEMBERSHIP.—Each member of the 

12 Commission appointed under subsection (c)(6) through 

13 (9) shall be appointed for a term of two years, except that 

14 of the members first appointed, one under each of those 

15 paragraphs shall be appointed for a term of one year. A 

16 member of the Commission may serve after the expiration 

17 of the member’s term until a successor has taken office. 

18 (e) VACANCIES.—A vacancy in the Commission shall 

19 not affect its powers but, in the case of a member ap20 pointed under subsection (c)(6) through (9), shall be filled 

21 in the same manner as the original appointment was 

22 made. Any member appointed to fill a vacancy for an un23 expired term shall be appointed for the remainder of such 

24 term. 


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1 (f) QUORUM.—Seven members of the Commission 

2 shall constitute a quorum. 

3 (g) MEETINGS.—The Commission shall meet at the 

4 call of the Chairman or a majority of its members. 

5 (h) COMPENSATION.—(1) Each member of the Com6 mission shall serve without compensation. 

7 (2) While away from their homes or regular places 

8 of business in the performance of duties for the Commis9 sion, members of the Commission shall be allowed travel 

10 expenses, including per diem in lieu of subsistence, at 

11 rates authorized for employees of agencies under sections 

12 5702 and 5703 of title 5, United States Code. 

13 (i) STAFF.—Subject to rules prescribed by the Com14 mission, the Commission may appoint personnel as it con15 siders appropriate. 

16 (j) APPLICABILITY OF CERTAIN CIVIL SERVICE

17 LAWS.—The staff of the Commission shall be appointed 

18 subject to the provisions of title 5, United States Code, 

19 governing appointments in the competitive service, and 

20 shall be paid in accordance with the provisions of chapter 

21 51 and subchapter III of chapter 53 of that title relating 

22 to classification and General Schedule pay rates. 

23 (k) EXPERTS AND CONSULTANTS.—The Commission 

24 may procure temporary and intermittent services under 

25 section 3109(b) of title 5, United States Code. 


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1 (l) HEARINGS AND SESSIONS.—The Commission 

2 may, for the purpose of carrying out this Act, hold hear3 ings, sit and act at times and places, take testimony, and 

4 receive evidence as the Commission considers appropriate. 

5 (m) POWERS OF MEMBERS AND AGENTS.—Any 

6 member or agent of the Commission may, if authorized 

7 by the Commission, take any action which the Commission 

8 is authorized to take by this section. 

9 (n) OBTAINING OFFICIAL DATA.—The Commission 

10 may secure directly from any department or agency of the 

11 United States information necessary to enable it to carry 

12 out this Act. Upon request of the Commission, the head 

13 of that department or agency shall furnish that informa14 tion to the Commission. 

15 (o) SUBPOENA POWER.— 

16 (1) IN GENERAL.—The Commission may issue 

17 subpoenas requiring the attendance and testimony of 

18 witnesses and the production of any evidence relat19 ing to any matter under investigation by the Com20 mission. The attendance of witnesses and the pro21 duction of evidence may be required from any place 

22 within the United States at any designated place of 

23 hearing within the United States. 

24 (2) FAILURE TO OBEY A SUBPOENA.—If a per25 son refuses to obey a subpoena issued under paraVerDate Nov 24 2008 03:29 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513

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1 graph (1), the Commission may apply to a United 

2 States district court for an order requiring that per3 son to appear before the Commission to give testi4 mony, produce evidence, or both, relating to the 

5 matter under investigation. The application may be 

6 made within the judicial district where the hearing 

7 is conducted or where that person is found, resides, 

8 or transacts business. Any failure to obey the order 

9 of the court may be punished by the court as civil 

10 contempt. 

11 (3) SERVICE OF SUBPOENAS.—The subpoenas 

12 of the Commission shall be served in the manner 

13 provided for subpoenas issued by a United States 

14 district court under the Federal Rules of Civil Pro15 cedure for the United States district courts. 

16 (4) SERVICE OF PROCESS.—All process of any 

17 court to which application is made under paragraph 

18 (2) may be served in the judicial district in which 

19 the person required to be served resides or may be 

20 found. 

21 (p) FEDERAL ADVISORY COMMITTEE ACT.—Section 

22 14 of the Federal Advisory Committee Act (5 U.S.C. 

23 App.) shall not apply to the Commission. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary of Energy— 

4 (1) for the period encompassing fiscal years 

5 2010 through 2019— 

6 (A) $500,000,000 for awarding the prize 

7 under section 6 for meeting the goal described 

8 in section 3(1); 

9 (B) $250,000,000 for awarding the prize 

10 under section 6 for meeting the goal described 

11 in section 3(2); 

12 (C) $250,000,000 for awarding the prize 

13 under section 6 for meeting the goal described 

14 in section 3(3); 

15 (D) $1,000,000,000 for awarding the prize 

16 under section 6 for meeting the goal described 

17 in section 3(4); 

18 (E) $1,000,000,000 for awarding the prize 

19 under section 6 for meeting the goal described 

20 in section 3(5); 

21 (F) $1,000,000,000 for awarding the prize 

22 under section 6 for meeting the goal described 

23 in section 3(6); 

24 (G) $10,000,000,000 for awarding the 

25 prize under section 6 for meeting the goal de26 scribed in section 3(7); and 


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1 (H) $10,000,000,000 for carrying out the 

2 grant program under section 5; and 

3 (2) such sums as may be necessary for carrying 

4 out this Act for subsequent fiscal years. 

Æ 


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