[Congressional Record Volume 152, Number 58 (Friday, May 12, 2006)]
[Senate]
[Pages S4523-S4526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. GRAHAM (for himself and Mr. Dorgan):
S. 2796. A bill to authorize the Secretary of Energy to establish
monetary prizes for achievements in overcoming scientific and technical
barriers
[[Page S4524]]
assoicated with hydrogen energy; to the Committee on Energy and Natural
Resources.
Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of
the H-Prize Act be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2796
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 participation by--
(A) individuals;
(B) institutions of higher education, including
historically Black colleges and universities and other
institutions serving minorities; and
(C) large and small businesses, including businesses owned
or controlled by socially and economically disadvantaged
persons.
(2) Announcement through federal register notice.--
(A) In general.--The Secretary shall announce each prize
competition by publishing a notice in the Federal Register.
(B) Requirements.--The notice shall include a description
of--
(i) the subject of the competition;
(ii) the duration of the competition;
(iii) the eligibility requirements for participation in the
competition;
(iv) the process for participants to register for the
competition;
(v) the amount of the prize; and
(vi) the criteria for awarding the prize.
(c) Administering the Competitions.--
(1) In general.--The Secretary shall enter into an
agreement with a private, nonprofit entity to administer the
prize competitions, subject to this Act.
(2) Duties.--The duties of the administering entity under
the agreement shall include--
(A) advertising prize competitions and the results of the
prize competitions;
(B) raising funds from private entities and individuals to
pay for administrative costs and contribute to cash prizes;
(C) working with the Secretary to develop the criteria for
selecting winners in prize competitions, based on goals
provided by the Secretary;
(D) determining, in consultation with the Secretary, the
appropriate amount for each prize to be awarded;
(E) selecting judges in accordance with section 4(d), using
criteria developed in consultation with the Secretary; and
(F) preventing the unauthorized use or disclosure of the
intellectual property, trade secrets, and confidential
business information of registered participants.
(d) Funding Sources.--
(1) In general.--Cash prizes under this Act shall consist
of funds appropriated under section 8 and any funds provided
by the administering entity for the cash prizes (including
funds raised pursuant to subsection (c)(2)(B)).
(2) Other federal agencies.--The Secretary may accept funds
from other Federal agencies for the cash prizes.
(3) No special consideration.--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.--
(1) In general.--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.
(2) Increase in amount of prize.--The Secretary may
increase the amount of a prize after an initial announcement
is made under subsection (b)(2) if--
(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(B) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by
the administering entity.
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 that--
(A) shall include minimal carbon emissions; and
(B) may include cost criteria designed to facilitate the
eventual market success of a winning technology.
(b) Awards.--
(1) Advancements.--
(A) In general.--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 4 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.
(B) Maximum amount for single prize.--No single prize
described in subparagraph (A) may exceed $1,000,000.
(C) Insufficient total funds.--If less than $4,000,000 is
available for a prize competition under subsection (a)(1),
the Secretary may--
(i) omit 1 or more subcategories;
(ii) reduce the amount of the prizes; or
(iii) not hold a prize competition.
(2) Prototypes.--
(A) In general.--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).
(B) Total number of prizes.--The Secretary may award no
more than 1 prize under subsection (a)(1) in each 2-year
period.
(C) Maximum amount for single prize.--No single prize under
this paragraph may exceed $4,000,000.
(D) Insufficient qualified entries.--If no registered
participant meets 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.--
(A) In general.--To the extent permitted under section
3(e), the Secretary shall announce 1 prize competition
authorized under subsection (a)(3) as soon as practicable
after the date of enactment of this Act.
(B) Amount of prize.--A prize offered under this paragraph
shall--
(i) be in an amount not less than $10,000,000;
(ii) be paid to the winner in a lump sum; and
(iii) include an additional amount paid to the winner as a
match for each dollar of non-Federal funding raised by the
winner for the hydrogen technology beginning on the date the
winner was named.
(C) Matching.--
(i) In general.--The match described in subparagraph
(B)(iii) shall be provided until the earlier of--
(I) the date that is 3 years after the date the prize
winner is named; or
(II) the date on which the full amount of the prize has
been paid out.
(ii) Election.--A prize winner may elect to have the match
amount paid to another entity that is continuing the
development of the winning technology.
(iii) Rules.--The Secretary shall announce the rules for
receiving the match in the notice required by section
3(b)(2).
(D) Requirements.--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).
(E) Total amount of funds.--
(i) Federal funds.--Not more than $10,000,000 in Federal
funds may be used for the prize award under this paragraph.
(ii) Matching funds.--As a condition of entering into an
agreement under section 3(c), the administering entity shall
seek to raise $40,000,000 in non-Federal funds toward the
matching award under this paragraph.
(c) Criteria.--In establishing the criteria required by
this Act, the Secretary shall consult with--
(1) the Hydrogen Technical and Fuel Cell Advisory Committee
of the Department;
(2) other Federal agencies, including the National Science
Foundation; and
(3) private organizations, including professional
societies, industry associations, the National Academy of
Sciences, and the National Academy of Engineering.
(d) Judges.--
(1) In general.--For each prize competition, the Secretary
shall assemble a panel of qualified judges to select the 1 or
more winners on the basis of the criteria established under
subsection (c).
(2) Inclusions.--Judges for each prize competition shall
include individuals from outside the Department, including
from the private sector.
(3) Prohibitions.--A judge may not--
(A) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is
a registered participant
[[Page S4525]]
in the prize competition for which the judge will serve as a
judge; or
(B) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which the judge 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;
(3) 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
(4) shall not be a Federal entity, a Federal employee
acting within the scope of employment, or an employee of a
national laboratory acting within the scope of employment.
SEC. 6. INTELLECTUAL PROPERTY.
(a) In General.--Subject to subsection (b), 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.
(b) Negotiation of Licenses Permitted.--This section does
not 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.--
(1) In general.--As a condition of participation in a
competition under this Act, 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 participation
of the registered participants in a competition under this
Act.
(2) Notice required.--The Secretary shall provide notice of
any waiver required under this subsection in the notice
required by section 3(b)(2).
(3) Prohibition.--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 intellectual
property, trade secrets, or confidential business information
of the registered participant.
(b) Liability Insurance.--
(1) Requirements.--As a condition of participation in a
competition under this Act, a registered participant 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.--
(A) In general.--The Federal Government shall be named as
an additional insured under the insurance policy of a
registered participant required under paragraph (1)(A).
(B) Mandatory indemnification.--As a condition of
participation in a competition under this Act, a registered
participant 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 to carry out this Act for the period of fiscal
years 2007 through 2016--
(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 the administrative costs of carrying out
this Act $2,000,000 for each of fiscal years 2007 through
2016.
(b) Carryover of Funds.--
(1) In general.--Funds appropriated for prize awards under
this Act--
(A) shall remain available until expended; and
(B) 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.
(2) Relation to other law.--No provision in this Act
permits obligation or payment of funds in violation of
section 1341 of title 31, United States Code (commonly known
as the ``Anti-Deficiency Act'').
SEC. 9. MAINTENANCE OF EFFORT.
The Secretary shall ensure that funds provided under this
Act will be used only to supplement, and not to supplant,
Federal research and development programs.
SEC. 10. SUNSET.
The authority provided by this Act shall terminate on
September 30, 2017.
______
By Ms. MURKOWSKI:
S. 2797. A bill to provide competitive status to certain Federal
employees in the State of Alaska; to the Committee on Energy and
Natural Resources.
Ms. MURKOWSKI. Mr. President, as we approach the start of National
Police Week and the annual memorial service, I would like to take this
opportunity once again to speak about the life and accomplishments of
the late Thomas P. O'Hara, a National Park Service Protection Ranger
and pilot and an Alaskan hero.
Thomas P. O'Hara was assigned to the Katmai National Park and
Preserve in the Bristol Bay region of western Alaska. On December 19,
2002, Ranger O'Hara and his passenger, a Fish and Wildlife Service
employee, were on a mission in the Alaska Peninsula National Wildlife
Refuge. Their plane went down on the tundra.
When the plane was reported overdue, a rescue effort consisting of 14
single engine aircraft, an Alaska Air National Guard plane, and a Coast
Guard helicopter quickly mobilized. Many of the single-engine aircraft
were piloted by Tom's friends. The wreckage was located late in the
afternoon of December 20. The passenger survived the crash, but Ranger
Tom did not.
Tom O'Hara was an experienced pilot with 11,000 hours as a pilot-in-
command. He was active in the communities of Naknek and King Salmon
where he grew up, flying children to Bible camp and coaching young
wrestlers. Tom provided a strong link between the residents of Bristol
Bay and the National Park Service.
Although Tom O'Hara was a most valued employee of the National Park
Service, he did not enjoy the same status as National Park Service
employees with competitive career status. Tom was hired under a special
hiring authority established under the Alaska National Interest Lands
Conservation Act, ANILCA, which permits land management agencies like
the National Park Service to hire, on a noncompetitive basis, Alaskans
who by reason of having lived or worked in or near public lands in
Alaska, have special knowledge or expertise concerning the natural or
cultural resources of public lands and the management thereof.
Tom O'Hara possessed this knowledge and offered it freely to the
National Park Service. But because he was hired under this special
authority, his opportunities for transfer and promotion within the Park
Service were limited, even though his service was exemplary.
As a lasting memorial to Tom O'Hara's exemplary career, I am
introducing legislation today that will grant competitive status to
ANILCA local hire employees who hold permanent appointments with the
Federal land management agencies after the completion of 2 years of
satisfactory service. In Tom's honor, the short title of this
legislation is the Thomas P. O'Hara Public Land Career Opportunity Act
of 2006.
It is my sincere hope that the enactment of this legislation will
encourage other Alaskans, particularly Alaska Natives, to follow in Tom
O'Hara's footsteps and seek lifelong careers with the Federal land
management agencies.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2797
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas P. O'Hara Public Land
Career Opportunity Act of 2006''.
SEC. 2. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN
THE STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Competitive Status.--An individual appointed to a
permanent position under subsection (a) shall be converted to
competitive status after--
``(1) if the appointment is full time, the completion of 2
years of competitive and satisfactory full time service; or
[[Page S4526]]
``(2) if the appointment is less than full time, the period
that is equivalent to 2 years of competitive and satisfactory
full time service.''.
____________________