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. 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 competi-
tion. 
(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 
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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 author-
ized 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 an-
nounce additional prize competitions authorized 
under subsection (a)(3) as appropriate to accelerate 
the development and adoption of hydrogen tech-
nologies. 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 be-
ginning 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 develop-
ment of the winning technology. The Secretary shall 
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announce the rules for receiving the match in the no-
tice required by section 3(b)(2). The Secretary shall 
award a prize under this paragraph only when a reg-
istered participant has met the objective criteria es-
tablished 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 each 
prize award under this paragraph. The administering 
entity shall seek to raise $40,000,000 toward each 
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 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 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 
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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 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 
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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 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.—Registered participants 
shall be required to agree to assume any and all risks, and 
waive claims against the Federal Government and its re-
lated 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 subcon-
tractor at any tier, and a supplier, user, customer, cooper-
ating party, grantee, investigator, or detailee. 
(b) LIABILITY INSURANCE.— 
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(1) REQUIREMENTS.—Registered participants 
shall be required to obtain liability insurance or dem-
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. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this Act $11,000,000 for each of the fiscal years 2007 
through 2016, of which no more than $2,000,000 for any 
fiscal year may be used for administrative expenses. 
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(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 
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 con-
sidered a substitute for Federal research and development 
programs. 
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Union Calendar No. 254 
109TH CONGRESS 
2D SESSION 
H. R. 5143 
[Report No. 109–456] 
A BILL 
To authorize the Secretary of Energy to establish 
monetary prizes for achievements in overcoming 
scientific and technical barriers associated with 
hydrogen energy. 
MAY 9, 2006 
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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