IB 
Union Calendar No. 103 
110TH CONGRESS 
1ST SESSION 
H. R. 632 
[Report No. 110–171] 
To authorize the Secretary of Energy to establish monetary prizes for achieve-
ments in overcoming scientific and technical barriers associated with 
hydrogen energy. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 23, 2007 
Mr. LIPINSKI (for himself, Mr. INGLIS of South Carolina, Mr. DOYLE, Mr. 
BROWN of South Carolina, Mr. DENT, Mr. EHLERS, Ms. LORETTA 
SANCHEZ of California, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
TERRY, Mr. MCCAUL of Texas, Mr. GERLACH, Mr. CAMP of Michigan, 
Mr. BARRETT of South Carolina, Mr. WILSON of South Carolina, Mr. 
REICHERT, Mr. WOLF, Mr. WICKER, Mr. JOHNSON of Illinois, Mr. 
SOUDER, Mr. KUHL of New York, Mr. WYNN, Mr. LARSON of Con-
necticut, Mr. KINGSTON, Mr. LINCOLN DAVIS of Tennessee, Mr. ARCURI, 
and Mr. WAMP) introduced the following bill; which was referred to the 
Committee on Science and Technology 
JUNE 5, 2007 
Additional sponsors: Mr. CALVERT, Mr. JOHNSON of Georgia, Ms. JACKSON- 
LEE of Texas, Mr. LINCOLN DIAZ-BALART of Florida, Mr. JEFFERSON, 
Mr. BOOZMAN, Mr. MCCOTTER, Mr. HARE, Mr. GOODLATTE, Mr. MARIO 
DIAZ-BALART of Florida, and Mr. TIAHRT 
JUNE 5, 2007 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 23, 2007] 
A BILL 
To authorize the Secretary of Energy to establish monetary 
prizes for achievements in overcoming scientific and tech-
nical barriers associated with hydrogen energy. 
Be it enacted by the Senate and House of Representa-
tives 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. 
In this Act: 
(1) ADMINISTERING ENTITY.—The term ‘‘admin-
istering entity’’ means the entity with which the Sec-
retary 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, dem-
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onstration, and commercial application of hydrogen energy 
technologies. 
(b) ADVERTISING
AND SOLICITATION
OF COMPETI-
TORS.— 
(1) ADVERTISING.—The Secretary shall widely 
advertise prize competitions to encourage broad par-
ticipation, including by individuals, universities (in-
cluding 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
REG-
ISTER NOTICE.—The Secretary shall announce each 
prize competition by publishing a notice in the Fed-
eral Register. This notice shall include essential ele-
ments of the competition such as the subject of the 
competition, the duration of the competition, the eligi-
bility requirements for participation in the competi-
tion, 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 Sec-
retary shall enter into an agreement with a private, non-
profit entity to administer the prize competitions, subject 
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to the provisions of this Act. The duties of the administering 
entity under the agreement shall include— 
(1) advertising prize competitions and their re-
sults; 
(2) raising funds from private entities and indi-
viduals to pay for administrative costs and to con-
tribute to cash prizes, including funds provided in ex-
change 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 Sec-
retary, the appropriate amount and funding sources 
for each prize to be awarded, subject to the final ap-
proval of the Secretary with respect to Federal fund-
ing; 
(5) providing advice and consultation to the Sec-
retary 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 Sec-
retary; and 
(6) protecting against the entity’s unauthorized 
use or disclosure of a registered participant’s trade se-
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crets and confidential business information. Any in-
formation properly identified as trade secrets or con-
fidential 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 pro-
vided 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 agen-
cies 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 indi-
vidual in return for a donation to the Secretary or admin-
istering 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— 
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(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 com-
petitions 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— 
(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 genera-
tion 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 
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include minimal carbon emissions and which may in-
clude 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 sub-
section (a)(1) shall be awarded biennially to the most 
significant advance made in each of the four subcat-
egories 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 subcat-
egories, 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 
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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 en-
actment 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 win-
ner 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 tech-
nology. The Secretary shall announce the rules for re-
ceiving 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 
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met the objective criteria established for the prize pur-
suant 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 Hydro-
gen Technical and Fuel Cell Advisory Committee; 
(2) shall consult with other Federal agencies, in-
cluding the National Science Foundation; and 
(3) may consult with other experts such as pri-
vate 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 Sec-
retary 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 sub-
section (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— 
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(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 competi-
tion 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 indi-
vidual or entity— 
(1) shall have complied with all the requirements 
in accordance with the Federal Register notice re-
quired under section 3(b)(2); 
(2) in the case of a private entity, shall be incor-
porated in and maintain a primary place of business 
in the United States, and in the case of an indi-
vidual, 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 em-
ployee acting within the scope of his employment, or 
an employee of a national laboratory acting within 
the scope of his employment. 
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SEC. 6. INTELLECTUAL PROPERTY. 
The Federal Government shall not, by virtue of offering 
or awarding a prize under this Act, be entitled to any intel-
lectual 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 de-
veloped for a prize competition under this Act. 
SEC. 7. LIABILITY. 
(a) WAIVER OF LIABILITY.—The Secretary may re-
quire registered participants to waive claims against the 
Federal Government and the administering entity (except 
claims for willful misconduct) for any injury, death, dam-
age, 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 waiv-
er 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 enti-
ty arising out of the unauthorized use or disclosure by the 
administering entity of the registered participant’s trade 
secrets or confidential business information. 
(b) LIABILITY INSURANCE.— 
(1) REQUIREMENTS.—Registered participants 
shall be required to obtain liability insurance or dem-
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onstrate financial responsibility, in amounts deter-
mined by the Secretary, for claims by— 
(A) a third party for death, bodily injury, 
or property damage or loss resulting from an ac-
tivity carried out in connection with participa-
tion 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 Fed-
eral Government shall be named as an additional in-
sured under a registered participant’s insurance pol-
icy 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 
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(3) specifies actions being taken toward commer-
cial 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 appro-
priated 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 sec-
tion (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 au-
thorized to be appropriated to the Secretary for each 
of fiscal years 2008 and 2009 $2,000,000 for the ad-
ministrative 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 ex-
pended for other purposes only after the expiration of 10 
fiscal years after the fiscal year for which the funds were 
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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 con-
sidered a substitute for Federal research and development 
programs. 
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Union Calendar No. 103 
110TH CONGRESS 
1ST SESSION 
H. R. 632 
[Report No. 110–171] 
A BILL 
To authorize the Secretary of Energy to establish 
monetary prizes for achievements in overcoming 
scientific and technical barriers associated with 
hydrogen energy. 
JUNE 5, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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