a prize will be available as a lump sum and the rules 
for receiving the Federal match in the notice re-
quired 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 an-
nounced 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 Na-
tional 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 Sec-
retary, through an agreement under section 3(c), shall as-
semble 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 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 require-
ments in accordance with the Federal Register no-
tice required under section 3(b)(2); 
(2) in the case of a private entity, shall be in-
corporated in and maintain a primary place of busi-
ness in the United States, and in the case of an in-
dividual, 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 offer-
ing 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 par-
ticipant in a competition authorized by this Act. This sec-
tion shall not be construed to prevent the Federal Govern-
ment 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, rev-
enue, 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 con-
tractor or subcontractor at any tier, and a supplier, user, 
customer, cooperating party, grantee, investigator, or 
detailee. 
(b) LIABILITY INSURANCE.— 
(1) REQUIREMENTS.—Participants shall be re-
quired to obtain liability insurance or demonstrate 
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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 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 
Federal Government shall be named as an additional 
insured under a registered participant’s insurance 
policy required under paragraph (1)(A), and reg-
istered participants shall be required to agree to in-
demnify the Federal Government against third party 
claims for damages arising from or related to com-
petition activities. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for car-
rying 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 ex-
penses. 
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(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 develop-
ment programs. 
Æ 
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