In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Health Care OverUse Reform Today Act
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

Not later than January 1, 2010, the Secretary of Health and Human
Services shall submit to Congress a proposal for a formalized process
for the development of performance-based quality measures that could be
applied to physicians' services under the Medicare program under title
XVIII of the Social Security Act. Such proposal shall be in concert and
agreement with the Physician Consortium for Performance Improvement and
shall only utilize measures agreed upon by each physician specialty
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE
GUIDELINES.

(a) Selection and Issuance of Best Practices Guidelines.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ''Secretary'') shall
provide for the selection and issuance of best practice
guidelines (each in this subsection referred to as a
''guideline'') in accordance with paragraphs (2) and (3).
(2) Development process.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall enter
into a contract with a qualified physician consensus-building
organization (such as the Physician Consortium for Performance
Improvement), in concert and agreement with physician specialty
organizations, to develop guidelines for treatment of medical
conditions for application under subsection (b). Under the
contract, the organization shall take into consideration any
endorsed performance-based quality measures described in
section 2. Under the contract and not later than 18 months
after the date of the enactment of this Act, the organization
shall submit best practice guidelines for issuance as
guidelines under paragraph (3).
(3) Issuance.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
issue, by regulation, after notice and opportunity for
public comment, guidelines that have been recommended
under paragraph (2) for application under subsection
(b).
(B) Limitation.--The Secretary may not issue
guidelines unless they have been approved or endorsed
by qualified physician consensus-building organization
involved and physician specialty organizations.
(C) Dissemination.--The Secretary shall broadly
disseminate the guidelines so issued.
(b) Limitation on Damages.--
(1) Limitation on noneconomic damages.--In any health care
lawsuit, no noneconomic damages may awarded with respect to
treatment that is within a guideline issued under subsection
(a).
(2) Limitation on punitive damages.--In any health care
lawsuit, no punitive damages may be awarded against a health
care practitioner based on a claim that such treatment caused
the claimant harm if--
(A) such treatment was subject to the quality
review by a qualified physician consensus-building
organization;
(B) such treatment was approved in a guideline that
underwent full review by such organization, public
comment, approval by the Secretary, and dissemination
as described in subparagraph (a); and
(C) such medical treatment is generally recognized
among qualified experts (including medical providers
and relevant physician specialty organizations) as
safe, effective, and appropriate.
(c) Use.--
(1) Introduction as evidence.--Guidelines under subsection
(a) may not be introduced as evidence of negligence or
deviation in the standard of care in any civil action unless
they have previously been introduced by the defendant.
(2) No presumption of negligence.--There would be no
presumption of negligence if a participating physician does not
adhere to such guidelines.
(d) Construction.--Nothing in this section shall be construed as
preventing a State from--
(1) replacing their current medical malpractice rules with
rules that rely, as a defense, upon a health care provider's
compliance with a guideline issued under subsection (a); or
(2) applying additional guidelines or safe-harbors that are
in addition to, but not in lieu of, the guidelines issued under
subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

''SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE
TRIBUNALS.

''(a) In General.--The Secretary may award grants to States for the
development, implementation, and evaluation of administrative health
care tribunals that comply with this section, for the resolution of
disputes concerning injuries allegedly caused by health care providers.
''(b) Conditions for Demonstration Grants.--To be eligible to
receive a grant under this section, a State shall submit to the
Secretary an application at such time, in such manner, and containing
such information as may be required by the Secretary. A grant shall be
awarded under this section on such terms and conditions as the
Secretary determines appropriate.
''(c) Representation by Counsel.--A State that receives a grant
under this section may not preclude any party to a dispute before an
administrative health care tribunal operated under such grant from
obtaining legal representation during any review by the expert panel
under subsection (d), the administrative health care tribunal under
subsection (e), or a State court under subsection (f).
''(d) Expert Panel Review and Early Offer Guidelines.--
''(1) In general.--Prior to the submission of any dispute
concerning injuries allegedly caused by health care providers
to an administrative health care tribunal under this section,
such allegations shall first be reviewed by an expert panel.
''(2) Composition.--
''(A) In general.--The members of each expert panel
under this subsection shall be appointed by the head of
the State agency responsible for health. Each expert
panel shall be composed of no fewer than 3 members and
not more than 7 members. At least one-half of such
members shall be medical experts (either physicians or
health care professionals).
''(B) Licensure and expertise.--Each physician or
health care professional appointed to an expert panel
under subparagraph (A) shall--
''(i) be appropriately credentialed or
licensed in 1 or more States to deliver health
care services; and
''(ii) typically treat the condition, make
the diagnosis, or provide the type of treatment
that is under review.
''(C) Independence.--
''(i) In general.--Subject to clause (ii),
each individual appointed to an expert panel
under this paragraph shall--
''(I) not have a material familial,
financial, or professional relationship
with a party involved in the dispute
reviewed by the panel; and
''(II) not otherwise have a
conflict of interest with such a party.
''(ii) Exception.--Nothing in clause (i)
shall be construed to prohibit an individual
who has staff privileges at an institution
where the treatment involved in the dispute was
provided from serving as a member of an expert
panel merely on the basis of such affiliation,
if the affiliation is disclosed to the parties
and neither party objects.
''(D) Practicing health care professional in same
field.--
''(i) In general.--In a dispute before an
expert panel that involves treatment, or the
provision of items or services--
''(I) by a physician, the medical
experts on the expert panel shall be
practicing physicians (allopathic or
osteopathic) of the same or similar
specialty as a physician who typically
treats the condition, makes the
diagnosis, or provides the type of
treatment under review; or
''(II) by a health care
professional other than a physician, at
least two medical experts on the expert
panel shall be practicing physicians
(allopathic or osteopathic) of the same
or similar specialty as the health care
professional who typically treats the
condition, makes the diagnosis, or
provides the type of treatment under
review, and, if determined appropriate
by the State agency, an additional
medical expert shall be a practicing
health care professional (other than
such a physician) of such a same or
similar specialty.
''(ii) Practicing defined.--In this
paragraph, the term 'practicing' means, with
respect to an individual who is a physician or
other health care professional, that the
individual provides health care services to
individual patients on average at least 2 days
a week.
''(E) Pediatric expertise.--In the case of dispute
relating to a child, at least 1 medical expert on the
expert panel shall have expertise described in
subparagraph (D)(i) in pediatrics.
''(3) Determination.--After a review under paragraph (1),
an expert panel shall make a determination as to the liability
of the parties involved and compensation.
''(4) Acceptance.--If the parties to a dispute before an
expert panel under this subsection accept the determination of
the expert panel concerning liability and compensation, such
compensation shall be paid to the claimant and the claimant
shall agree to forgo any further action against the health care
providers involved.
''(5) Failure to accept.--If any party decides not to
accept the expert panel's determination, the matter shall be
referred to an administrative health care tribunal created
pursuant to this section.
''(e) Administrative Health Care Tribunals.--
''(1) In general.--Upon the failure of any party to accept
the determination of an expert panel under subsection (d), the
parties shall have the right to request a hearing concerning
the liability or compensation involved by an administrative
health care tribunal established by the State involved.
''(2) Requirements.--In establishing an administrative
health care tribunal under this section, a State shall--
''(A) ensure that such tribunals are presided over
by special judges with health care expertise;
''(B) provide authority to such judges to make
binding rulings, rendered in written decisions, on
standards of care, causation, compensation, and related
issues with reliance on independent expert witnesses
commissioned by the tribunal;
''(C) establish gross negligence as the legal
standard for the tribunal;
''(D) allow the admission into evidence of the
recommendation made by the expert panel under
subsection (d); and
''(E) provide for an appeals process to allow for
review of decisions by State courts.
''(f) Review by State Court After Exhaustion of Administrative
Remedies.--
''(1) Right to file.--If any party to a dispute before a
health care tribunal under subsection (e) is not satisfied with
the determinations of the tribunal, the party shall have the
right to file their claim in a State court of competent
jurisdiction.
''(2) Forfeit of awards.--Any party filing an action in a
State court in accordance with paragraph (1) shall forfeit any
compensation award made under subsection (e).
''(3) Admissibility.--The determinations of the expert
panel and the administrative health care tribunal pursuant to
subsections (d) and (e) with respect to a State court
proceeding under paragraph (1) shall be admissible into
evidence in any such State court proceeding.
''(g) Definition.--In this section, the term 'health care provider'
has the meaning given such term for purposes of part A of title VII.
''(h) Authorization of Appropriations.--There are authorized to be
appropriated for any fiscal year such sums as may be necessary for
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

It is the sense of Congress that a health insurance issuer should
be liable for damages for harm caused when it makes a decision as to
what care is medically necessary and appropriate.
Example Output: Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Enhanced Rescissions Act of 1993''.

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.

(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:

''expedited consideration of certain proposed rescissions

''Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
''(b) Transmittal of Special Message.--
''(1) Not later than 3 days after the date of enactment of
an appropriation Act, the President may transmit to Congress
one or more special messages proposing to rescind all or any
part of any item of budget authority provided in that Act and
include with each special message a draft bill or joint
resolution that, if enacted, would rescind each item of budget
authority (or part thereof) proposed to be rescinded.
''(2) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
''(c) Procedures for Expedited Consideration.--
''(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the appropriation Act involved originated shall
introduce (by request) the draft bill or joint resolution
accompanying that special message. If the bill or joint
resolution is not introduced as provided in the preceding
sentence, then, on the third day of continuous session of that
House after the date of receipt of that special message, any
Member of that House may introduce the bill or joint
resolution.
''(B) The bill or joint resolution shall be referred to the
Committee on Appropriations of that House. The committee shall
report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
''(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
''(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Appropriations of
that House. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to report the bill or joint resolution within
such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill or
joint resolution shall be placed upon the appropriate calendar.
''(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
''(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
''(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
''(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
''(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
''(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
''(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
''(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
''(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
''(d) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
''(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
''(f) Definitions.--For purposes of this section--
''(1) The term 'appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations.
''(2) The continuity of a session of the Congress shall be
considered as broken only by an adjournment of the Congress
sine die, and the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
shall be excluded in the computation of the periods of
continuous session referred to in subsection (c) of this
section. If a special message is transmitted under this section
during any Congress and the last session of the Congress
adjourns sine die before the expiration of 10 calendar days of
continuous session (or a special message is transmitted after
the last session of the Congress adjourns sine die), the
message shall be deemed to have been transmitted on the first
day of the succeeding Congress and the periods of continuous
session referred to in subsection (c) of this section shall
commence on the day after such first day.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ''and 1017'' in subsection (a) and
inserting ''1013, and 1018''; and
(2) by striking ''section 1017'' in subsection (d) and
inserting ''sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ''1013'' and
inserting ''1014''; and
(B) in paragraph (5)--
(i) by striking ''1016'' and inserting
''1017''; and
(ii) by striking ''1017(b)(1)'' and
inserting ''1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ''1012 or 1013'' each place it
appears and inserting ''1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ''1012'' and
inserting ''1012 or 1013'';
(C) in subsection (b)(2), by striking ''1013'' and
inserting ''1014''; and
(D) in subsection (e)(2)--
(i) by striking ''and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ''1013'' in subparagraph
(C) (as so redesignated) and inserting
''1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
''(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ''1012 or
1013'' each place it appears and inserting ''1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:

''Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
Example Output: Enhanced Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill.
Requires that such special message be transmitted not later than three days after the enactment of an appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded.
Sets forth House and Senate procedures for the expedited consideration of such a proposal.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''H-Prize Act of 2006''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Administering entity.--The term ''administering
entity'' means the entity with which the Secretary 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 only in conformity with this Act to
advance the research, development, demonstration, and commercial
application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
by individuals, universities (including 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 register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, 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 Secretary shall enter into
an agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The duties of the
administering entity under the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to
pay for administrative costs and to contribute to cash prizes;
(3) working with the Secretary to develop the criteria for
selecting winners in prize competitions, based on goals
provided by the Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount for each prize to be awarded;
(5) selecting judges in accordance with section 4(d), using
criteria developed in consultation with the Secretary; and
(6) preventing the unauthorized use or disclosure of a
registered participant's intellectual property, trade secrets,
and confidential business information.
(d) Funding Sources.--Prizes under this Act shall consist of
Federal appropriated funds and any funds provided by the administering
entity (including funds raised pursuant to subsection (c)(2)) for such
cash prizes. The Secretary may accept funds from other Federal agencies
for such cash prizes. The Secretary may not give any special
consideration to any private sector entity or individual in return for
a donation to the administering 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--
(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 competitions under
this Act shall terminate on September 30, 2017.

SEC. 4. PRIZE CATEGORIES.

(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in 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 generation 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 include minimal carbon
emissions and which may include 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 subsection (a)(1) shall be
awarded biennially to the most significant advance made in each
of the four subcategories 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 subcategories, 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 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 enactment 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 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, 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 technology. The Secretary shall
announce the rules for receiving 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 met
the objective criteria established 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 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 shall consult with--
(1) the Department's Hydrogen Technical and Fuel Cell
Advisory Committee;
(2) other Federal agencies, including the National 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 Secretary 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 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 competition 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 individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
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
(3) 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.

SEC. 6. INTELLECTUAL PROPERTY.

The Federal Government shall not, by virtue of offering 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 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
developed for a prize competition under this Act.

SEC. 7. 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 registered participants' participation in a competition under
this Act. The Secretary shall give notice of any waiver 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 entity arising out of the unauthorized use or
disclosure by the administering entity of the registered participant's
intellectual property, trade secrets, or confidential business
information.
(b) Liability Insurance.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate 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 participation 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 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.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2007 through
2016 for carrying out this Act--
(A) $20,000,000 for awards described in section
(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 authorized to be appropriated to
the Secretary for each of fiscal years 2007 through 2016
$2,000,000 for the administrative 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 expended 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 considered a
substitute for Federal research and development programs.

Passed the House of Representatives May 10, 2006.

Attest:

KAREN L. HAAS,

Clerk.
Example Output:
H-Prize Act of 2006 - (Sec. 3) Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.

Instructs the Secretary to widely advertise prize competitions to encourage broad participation, including by individuals, universities (including 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).

Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions.

States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity.

Terminates the authority to announce the prize competitions on September 30, 2017.

(Sec. 4) Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology.

Prescribes guidelines for implementation and eligibility.

(Sec. 6) Declares that the federal government shall not, by virtue of offering 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 participant in a competition authorized by this Act.

(Sec. 7) Prescribes guidelines for waiver of liability by registered participants.

(Sec. 8) Authorizes appropriations for FY2007-FY2016. Prescribes award allocation guidelines.

(Sec. 9) States that the programs created under this Act shall not be considered a substitute for federal research and development programs.