S.Amdt. 954

1. Rewrites section 2005

   Replaces

   In S. 761 · Placed on Calendar Senate

   SEC. 2005. ADVANCED RESEARCH PROJECTS [struck: AUTHORITY-ENERGY][inserted: ADMINISTRATION-ENERGY].

   Struck: (a) Definitions.--In this section:

   Struck: (1) Advisory board.--The term "Advisory Board" means the Advisory Board established under subsection (d).

   Struck: (2) Authority.--The term "Authority" means the Advanced Research Projects Authority--Energy established under subsection (b).

   Struck: (3) Director.--The term "Director" means the Director of the Authority appointed under subsection (c)(1).

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   Struck: (4) Energy technology.--The term "energy technology" means technology, including carbon-neutral technology, used for--

   Struck: (A) fossil energy;

   Struck: (B) carbon sequestration;

   Struck: (C) nuclear energy;

   Struck: (D) renewable energy;

   Struck: (E) energy distribution; or

   Struck: (F) energy efficiency technology.

   Struck: (b) Establishment.--The Secretary shall establish an Advanced Research Projects Authority-Energy to overcome the long-term and high- risk technological barriers in the development of energy technologies.

   Inserted: (a) Establishment.--There is established the Advanced Research Projects Administration-Energy (referred to in this section as "ARPA-E").

   Inserted: (b) Goals.--The goals of ARPA-E are to reduce the quantity of energy the United States imports from foreign sources and to improve the competitiveness of the United States economy by--

   Inserted: (1) promoting revolutionary changes in the critical technologies that would promote energy competitiveness;

   Inserted: (2) turning cutting-edge science and engineering into technologies for energy and environmental application; and

   Inserted: (3) accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to--

   Inserted: (A) reduce energy use;

   Inserted: (B) decrease the reliance of the United States on foreign energy sources; and

   Inserted: (C) improve energy competitiveness.

   (c) Director.--

   Struck: (1) Appointment.--The Secretary shall appoint a Director of the Authority.

   Struck: (2) Qualifications.--The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary on matters pertaining to long-term, high-risk programs to overcome long- term and high-risk technological barriers to the development of energy technologies.

   Struck: (3) Duties.--The Director shall--

   Struck: (A) employ such qualified technical staff as are necessary to carry out the duties of the Authority, including providing staff for the Advisory Committee;

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   Struck: (B) serve as the selection official for proposals relating to energy technologies that are solicited within the Department;

   Struck: (C) develop metrics to assist in developing funding criteria and for assessing the success of existing programs;

   Struck: (D) terminate programs carried out under this section that are not achieving the goals of the programs; and

   Struck: (E) perform such duties relating to long-term and high-risk technological barriers in the development of energy technologies as are determined to be appropriate by the Secretary.

   Struck: (d) Advisory Board.--

   Struck: (1) Appointment.--The Secretary shall, consistent with the Federal Advisory Committee Act (5 U.S.C. App.), establish, and appoint members to, an Advisory Board to make recommendations to the Secretary and the Director on actions necessary to carry out this section.

   Struck: (2) Qualifications.--The Advisory Board shall consist of individuals who, by reason of professional background and experience, are especially qualified to advise the Secretary and the Director on matters pertaining to long-term and high- risk technological barriers in the development of energy technologies.

   Struck: (3) Term.--A member of the Advisory Board shall be appointed for a term of 5 years.

   Struck: (4) Information.--Each fiscal year, individuals who carry out energy technology programs of the Department and staff of the Authority shall provide to the Advisory Board written proposals and oral briefings on long-term and high-risk technological barriers that are critical to overcome for the successful development of energy technologies.

   Struck: (5) Duties.--Each fiscal year, the Advisory Board shall--

   Struck: (A) recommend to the Secretary and the Director--

   Struck: (i) in order of priority, proposals of energy programs of the Department that are critical to overcoming long-term and high-risk technological barriers to enable the successful development of energy technologies; and

   Struck: (ii) additional programs not covered in the proposals that are critical to overcoming the barriers described in clause (i); and

   Struck: (B) based on the metrics described in subsection (c)(3)(C), make recommendations to the Secretary and the Directory concerning whether programs funded under this section are achieving the goals of the programs.

   Struck: (e) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences under which the Academy shall--

   Struck: (1) conduct reviews during each of calendar years 2010 and 2012 to determine the success of the activities carried out under this section; and

   Struck: (2) submit to Congress, the Secretary, and the Director a report describing the results of each review.

   Struck: (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2011.

   Inserted: (1) In general.--ARPA-E shall be headed by a Director (referred to in this section as the "Director") appointed by the President.

   Inserted: (2) Positions at level v.--Section 5316 of title 5, United States Code, is amended by adding at the end the following:

   Inserted: "Director, Advanced Research Projects Administration-Energy.".

   Inserted: (d) Duties.--

   Inserted: (1) In general.--In carrying out this section, the Director shall award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities (which may include federally funded research and development centers) to achieve the goal described in subsection (b) through acceleration of--

   Inserted: (A) energy-related research;

   Inserted: (B) development of resultant techniques, processes, and technologies, and related testing and evaluation; and

   Inserted: (C) demonstration and commercial application of the most promising technologies and research applications.

   Inserted: (2) Small-business concerns.--The Director shall carry out programs established under this section, to the maximum extent practicable, in a manner that is similar to the Small Business Innovation Research Program established under section 9 of the Small Business Act (15 U.S.C. 638) to ensure that small-business concerns are fully able to participate in the programs.

   Inserted: (e) Personnel.--

   Inserted: (1) Program managers.--

   Inserted: (A) Appointment.--The Director shall appoint employees to serve as program managers for each of the programs that are established to carry out the duties of ARPA-E under this section.

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   Inserted: (B) Duties.--Program managers shall be responsible for--

   Inserted: (i) establishing research and development goals for the program, as well as publicizing goals of the program to the public and private sectors;

   Inserted: (ii) soliciting applications for specific areas of particular promise, especially areas for which the private sector cannot or will not provide funding;

   Inserted: (iii) selecting research projects for support under the program from among applications submitted to ARPA-E, based on--

   Inserted: (I) the scientific and technical merit of the proposed projects;

   Inserted: (II) the demonstrated capabilities of the applicants to successfully carry out the proposed research project; and

   Inserted: (III) such other criteria as are established by the Director; and

   Inserted: (iv) monitoring the progress of projects supported under the program.

   Inserted: (2) Other personnel.--

   Inserted: (A) In general.--Subject to subparagraph (B), the Director shall appoint such employees as are necessary to carry out the duties of ARPA-E under this section.

   Inserted: (B) Limitations.--The Director shall appoint not more than 250 employees to carry out the duties of ARPA-E under this section, including not less than 180 technical staff, of which--

   Inserted: (i) not less than 20 staff shall be senior technical managers (including program managers designated under paragraph (1)); and

   Inserted: (ii) not less than 80 staff shall be technical program managers.

   Inserted: (3) Experimental personnel authority.--In appointing personnel for ARPA-E, the Director shall have the hiring and management authorities described in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note).

   Inserted: (4) Maximum duration of employment.--

   Inserted: (A) Program managers and senior technical managers.--

   Inserted: (i) In general.--Subject to clause (ii), a program manager and a senior technical manager appointed under this subsection shall serve for a term not to exceed 4 years after the date of appointment.

   Inserted: (ii) Extensions.--The Director may extend the term of employment of a program manager or a senior technical manager appointed under this subsection for not more than 4 years through 1 or more 2-year terms.

   Inserted: (B) Technical program managers.--A technical program manager appointed under this subsection shall serve for a term not to exceed 6 years after the date of appointment.

   Inserted: (5) Location.--The office of an officer or employee of ARPA-E shall not be located in the headquarters of the Department of Energy.

   Inserted: (f) Transactions Other Than Contracts and Grants.--

   Inserted: (1) In general.--To carry out projects through ARPA-E, the Director may enter into transactions (other than contracts, cooperative agreements, and grants) to carry out advanced research projects under this section under similar terms and conditions as the authority is exercised under section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)).

   Inserted: (2) Peer review.--Peer review shall not be required for 75 percent of the research projects carried out by the Director under this section.

   Inserted: (g) Prizes for Advanced Technology Achievements.--The Director may carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that have the potential for application to the performance of the mission of ARPA-E under similar terms and conditions as the authority is exercised under section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396).

   Inserted: (h) Coordination of Activities.--The Director--

   Inserted: (1) shall ensure that the activities of ARPA-E are coordinated with activities of Department of Energy offices and outside agencies; and

   Inserted: (2) may carry out projects jointly with other agencies.

   Inserted: (i) Report.--Not later than September 30, 2008, the Director shall submit to Congress a report on the activities of ARPA-E under this section, including a recommendation on whether ARPA-E needs an energy research laboratory.

   Inserted: (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section--

   Inserted: (1) $300,000,000 for fiscal year 2008;

   Inserted: (2) $600,000,000 for fiscal year 2009;

   Inserted: (3) $1,100,000,000 for fiscal year 2010;

   Inserted: (4) $1,500,000,000 for fiscal year 2011; and

   Inserted: (5) $2,000,000,000 for fiscal year 2012.

   Original wording

   Strike section 2005 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed