View all text of Subchapter X [§ 16391 - § 16396]
§ 16396. Prizes for achievement in grand challenges of science and technology
(a) Authority
(b) Competition requirements
(c) Prizes for processes and technologies to reduce dependence on imported oil
(d) Relationship to other authority
(e) CoordinationIn carrying out subsection (a), and for any prize competitions under section 105 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010, the Secretary shall—
(1) issue Department-wide guidance on the design, development, and implementation of prize competitions;
(2) collect and disseminate best practices on the design and administration of prize competitions;
(3) streamline contracting mechanisms for the implementation of prize competitions; and
(4) provide training and prize competition design support, as necessary, to Department staff to develop prize competitions and challenges.
(f) Authorization of appropriationsThere are authorized to be appropriated—
(1) $10,000,000 to carry out the program under subsection (a); and
(2) $5,000,000 to carry out the program under subsection (c).
(g) H-prize
(1) Prize authority
(A) In general
(B) Advertising and solicitation of competitors
(i) Advertising
(ii) Announcement through Federal Register notice
(C) Administering the competitionsThe Secretary shall enter into an agreement with a private, nonprofit 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 subsection and their results;
(ii) raising funds from private entities and individuals 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 Secretary, 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 Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and
(vi) protecting against the administering entity’s unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from public disclosure.
(D) Funding sources
(E) Announcement of prizesThe 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
(ii) 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
(2) Prize categories
(A) CategoriesThe 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
(ii) Prototypes
(iii) Transformational technologies
(C) CriteriaIn 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 private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering.
(D) JudgesFor each prize competition under this subsection, the Secretary 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 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 household 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) EligibilityTo 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);
(B) 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
(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
(5) Liability
(A) Waiver of liability
(B) Liability insurance
(i) RequirementsRegistered 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
(6) Report to CongressNot later than 60 days after the awarding of the first prize under this subsection, and annually thereafter, the Secretary shall transmit to the Congress a report that—
(A) identifies each award recipient;
(B) describes the technologies developed by each award recipient; and
(C) specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection.
(7) Authorization of appropriations
(A) In general
(i) AwardsThere are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2008 through 2017 for carrying out this subsection—(I) $20,000,000 for awards described in paragraph (2)(A)(i);(II) $20,000,000 for awards described in paragraph (2)(A)(ii); and(III) $10,000,000 for the award described in paragraph (2)(A)(iii).
(ii) Administration
(B) Carryover of funds
(8) Nonsubstitution
(h) Report
(Pub. L. 109–58, title X, § 1008, Aug. 8, 2005, 119 Stat. 933; Pub. L. 110–140, title VI, § 654, Dec. 19, 2007, 121 Stat. 1695; Pub. L. 116–260, div. Z, title IX, § 9004, Dec. 27, 2020, 134 Stat. 2598; Pub. L. 117–167, div. B, title VI, § 10724, Aug. 9, 2022, 136 Stat. 1709.)