H. R. 6—205 
‘‘(C) ADMINISTERING
THE
COMPETITIONS.—The Sec-
retary shall enter into an agreement with a private, non-
profit entity to administer the prize competitions under 
this subsection, subject to the provisions of this subsection 
(in this subsection referred to as the ‘administering entity’). 
The duties of the administering entity under the agreement 
shall include— 
‘‘(i) advertising prize competitions under this sub-
section and their results; 
‘‘(ii) raising funds from private entities and individ-
uals to pay for administrative costs and to contribute 
to cash prizes, including funds provided in exchange 
for the right to name a prize awarded under this 
subsection; 
‘‘(iii) developing, in consultation with and subject 
to the final approval of the Secretary, the criteria 
for selecting winners in prize competitions under this 
subsection, based on goals provided by the Secretary; 
‘‘(iv) determining, in consultation with the Sec-
retary, the appropriate amount and funding sources 
for each prize to be awarded under this subsection, 
subject to the final approval of the Secretary with 
respect to Federal funding; 
‘‘(v) providing advice and consultation to the Sec-
retary on the selection of judges in accordance with 
paragraph (2)(D), using criteria developed in consulta-
tion with and subject to the final approval of the Sec-
retary; and 
‘‘(vi) protecting against the administering entity’s 
unauthorized use or disclosure of a registered partici-
pant’s trade secrets and confidential business informa-
tion. Any information properly identified as trade 
secrets or confidential business information that is sub-
mitted by a participant as part of a competitive pro-
gram under this subsection may be withheld from 
public disclosure. 
‘‘(D) FUNDING SOURCES.—Prizes under this subsection 
shall consist of Federal appropriated funds and any funds 
provided by the administering entity (including funds 
raised pursuant to subparagraph (C)(ii)) for such cash prize 
programs. The Secretary may accept funds from other Fed-
eral agencies for such cash prizes and, notwithstanding 
section 3302(b) of title 31, United States Code, may use 
such funds for the cash prize program under this sub-
section. Other than publication of the names of prize spon-
sors, the Secretary may not give any special consideration 
to any private sector entity or individual in return for 
a donation to the Secretary or administering entity. 
‘‘(E) ANNOUNCEMENT OF PRIZES.—The Secretary may 
not issue a notice required by subparagraph (B)(ii) 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 subparagraph (B)(ii) if— 
‘‘(i) notice of the increase is provided in the same 
manner as the initial notice of the prize; and
H. R. 6—206 
‘‘(ii) the funds needed to pay out the announced 
amount of the increase have been appropriated or com-
mitted in writing by the administering entity. 
‘‘(F) SUNSET.—The authority to announce prize com-
petitions under this subsection shall terminate on Sep-
tember 30, 2018. 
‘‘(2) PRIZE CATEGORIES.— 
‘‘(A) CATEGORIES.—The Secretary shall establish prizes 
under this subsection for— 
‘‘(i) advancements in technologies, components, or 
systems related to— 
‘‘(I) hydrogen production; 
‘‘(II) hydrogen storage; 
‘‘(III) hydrogen distribution; and 
‘‘(IV) hydrogen utilization; 
‘‘(ii) 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 
‘‘(iii) 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.— 
‘‘(i) ADVANCEMENTS.—To the extent permitted 
under paragraph (1)(E), the prizes authorized under 
subparagraph (A)(i) shall be awarded biennially to the 
most significant advance made in each of the four 
subcategories described in subclauses (I) through (IV) 
of subparagraph (A)(i) since the submission deadline 
of the previous prize competition in the same category 
under subparagraph (A)(i) or the date of enactment 
of this subsection, 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 
subparagraph (A)(i), the Secretary may omit one or 
more subcategories, reduce the amount of the prizes, 
or not hold a prize competition. 
‘‘(ii) PROTOTYPES.—To the extent permitted under 
paragraph (1)(E), prizes authorized under subpara-
graph (A)(ii) shall be awarded biennially in alternate 
years from the prizes authorized under subparagraph 
(A)(i). 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 partici-
pants meet the objective performance criteria estab-
lished pursuant to subparagraph (C) for a competition 
under this clause, the Secretary shall not award a 
prize. 
‘‘(iii) TRANSFORMATIONAL TECHNOLOGIES.—To the 
extent permitted under paragraph (1)(E), the Secretary 
shall announce one prize competition authorized under
H. R. 6—207 
subparagraph (A)(iii) as soon after the date of enact-
ment of this subsection as is practicable. A prize offered 
under this clause 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 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, which-
ever occurs first. A prize winner may elect to have 
the match amount paid to another entity that is con-
tinuing the development of the winning technology. 
The Secretary shall announce the rules for receiving 
the match in the notice required by paragraph 
(1)(B)(ii). The Secretary shall award a prize under 
this clause only when a registered participant has met 
the objective criteria established for the prize pursuant 
to subparagraph (C) and announced pursuant to para-
graph (1)(B)(ii). Not more than $10,000,000 in Federal 
funds may be used for the prize award under this 
clause. The administering entity shall seek to raise 
$40,000,000 toward the matching award under this 
clause. 
‘‘(C) CRITERIA.—In establishing the criteria required 
by this subsection, the Secretary— 
‘‘(i) shall consult with the Department’s Hydrogen 
Technical and Fuel Cell Advisory Committee; 
‘‘(ii) shall consult with other Federal agencies, 
including the National Science Foundation; and 
‘‘(iii) 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 under this 
subsection, the Secretary in consultation with the admin-
istering entity shall assemble a panel of qualified judges 
to select the winner or winners on the basis of the criteria 
established under subparagraph (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 house-
hold may not— 
‘‘(i) 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 
‘‘(ii) 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. 
‘‘(3) ELIGIBILITY.—To be eligible to win a prize under this 
subsection, an individual or entity— 
‘‘(A) shall have complied with all the requirements 
in accordance with the Federal Register notice required 
under paragraph (1)(B)(ii);
H. R. 6—208 
‘‘(B) 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 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 
‘‘(C) 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. 
‘‘(4) INTELLECTUAL
PROPERTY.—The Federal Government 
shall not, by virtue of offering or awarding a prize under 
this subsection, be entitled to any intellectual property rights 
derived as a consequence of, or direct relation to, the participa-
tion by a registered participant in a competition authorized 
by this subsection. This paragraph shall not be construed to 
prevent the Federal Government from negotiating a license 
for the use of intellectual property developed for a prize com-
petition under this subsection. 
‘‘(5) LIABILITY.— 
‘‘(A) WAIVER OF LIABILITY.—The Secretary may require 
registered participants to waive claims against the Federal 
Government and the administering entity (except claims 
for willful misconduct) for any injury, death, damage, or 
loss of property, revenue, or profits arising from the reg-
istered participants’ participation in a competition under 
this subsection. The Secretary shall give notice of any 
waiver required under this subparagraph in the notice 
required by paragraph (1)(B)(ii). The Secretary may not 
require a registered participant to waive claims against 
the administering entity arising out of the unauthorized 
use or disclosure by the administering entity of the reg-
istered participant’s trade secrets or confidential business 
information. 
‘‘(B) LIABILITY INSURANCE.— 
‘‘(i) REQUIREMENTS.—Registered participants in a 
prize competition under this subsection shall be 
required to obtain liability insurance or demonstrate 
financial responsibility, in amounts determined by the 
Secretary, for claims by— 
‘‘(I) 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 subsection; and 
‘‘(II) the Federal Government for damage or 
loss to Government property resulting from such 
an activity. 
‘‘(ii) FEDERAL GOVERNMENT INSURED.—The Federal 
Government shall be named as an additional insured 
under a registered participant’s insurance policy 
required under clause (i)(I), 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 under 
this subsection. 
‘‘(6) REPORT TO CONGRESS.—Not later than 60 days after 
the awarding of the first prize under this subsection, and