227 
the Secretary discovers a failure to comply with 
conflict of interest procedures established under 
subparagraph (A). 
(3) PROHIBITION ON CONSTRUCTION.— 
(A) IN GENERAL.—No funds provided pur-
suant to this section may be used for construc-
tion of new buildings or facilities for Hubs. 
Construction of new buildings or facilities shall 
not be considered as part of the non-Federal 
share of a Hub cost-sharing agreement. 
(B) TEST BED AND RENOVATION EXCEP-
TION.—Nothing in this subsection shall prohibit 
the use of funds provided pursuant to this sec-
tion, or non-Federal cost share funds, for re-
search or for the construction of a test bed or 
renovations to existing buildings or facilities for 
the purposes of research if the Secretary deter-
mines that the test bed or renovations are lim-
ited to a scope and scale necessary for the re-
search to be conducted. 
(e) TERMINATION.—Consistent with the existing au-
thorities of the Department, the Secretary may terminate 
an underperforming Hub for cause during the perform-
ance period. 
(f) DEFINITIONS.—For purposes of this section: 
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228 
(1) ADVANCED
ENERGY
TECHNOLOGY.—The 
term ‘‘advanced energy technology’’ means— 
(A) an innovative technology— 
(i) that produces energy from solar, 
wind, geothermal, biomass, tidal, wave, 
ocean, or other renewable energy resources; 
(ii) that produces nuclear energy; 
(iii) for carbon capture and sequestra-
tion; 
(iv) that enables advanced vehicles, 
vehicle components, and related tech-
nologies that result in significant energy 
savings; 
(v) that generates, transmits, distrib-
utes, utilizes, or stores energy more effi-
ciently than conventional technologies, in-
cluding through Smart Grid technologies; 
or 
(vi) that enhances the energy inde-
pendence and security of the United States 
by enabling improved or expanded supply 
and production of domestic energy re-
sources, including coal, oil, and natural 
gas; 
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229 
(B) research, development, demonstration, 
and commercial application activities necessary 
to ensure the long-term, secure, and sustainable 
supply of energy critical elements; or 
(C) another innovative energy technology 
area identified by the Secretary. 
(2) ENERGY
CRITICAL
ELEMENT.—The term 
‘‘energy critical element’’ means any of a class of 
chemical elements that have a high risk of a supply 
disruption and are critical to one or more new, en-
ergy-related technologies such that a shortage of 
such element would significantly inhibit large-scale 
deployment of technologies that produce, transmit, 
store, or conserve energy. 
(3) HUB.—The term ‘‘Hub’’ means an Energy 
Innovation Hub established or operating in accord-
ance with this section, including any Energy Innova-
tion Hub existing as of the date of enactment of this 
Act. 
(4) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means— 
(A) an institution of higher education; 
(B) an appropriate State or Federal entity, 
including the Department of Energy Federally 
Funded Research and Development Centers; 
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230 
(C) a nongovernmental organization with 
expertise in advanced energy technology re-
search, development, demonstration, or com-
mercial application; or 
(D) any other relevant entity the Secretary 
considers appropriate. 
SEC. 642. PARTICIPATION IN THE INNOVATION CORPS PRO-
GRAM. 
(a) AGREEMENT.—The Secretary of Energy shall 
enter into an agreement with the Director of the National 
Science Foundation to enable researchers funded by the 
Department of Energy to participate in the Innovation 
Corps program authorized by section 307. 
(b) AUTHORIZATION.—The Secretary of Energy may 
also establish a Department of Energy Innovation Corps 
program, modeled after the National Science Foundation 
Innovation Corps program, to incorporate experts from 
the Department of Energy National Laboratories in the 
training curriculum of the program. 
SEC. 643. TECHNOLOGY TRANSFER. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall transmit to 
the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Energy 
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231 
and Natural Resources of the Senate a report which shall 
include— 
(1) an assessment of the Department’s current 
ability to carry out the goals of section 1001 of the 
Energy Policy Act of 2005 (42 U.S.C. 16391), in-
cluding an assessment of the role and effectiveness 
of the Technology Transfer Coordinator position; 
and 
(2) recommended departmental policy changes 
and legislative changes to section 1001 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16391) to im-
prove the Department’s ability to successfully trans-
fer new energy technologies to the private sector. 
(b) AMENDMENTS.—Section 1001 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16391) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing new subsections: 
‘‘(f) AGREEMENTS
FOR COMMERCIALIZING TECH-
NOLOGY.— 
‘‘(1) IN GENERAL.—The Secretary may permit 
the directors of the National Laboratories to exercise 
Agreements for Commercializing Technology author-
ity and execute agreements with non-Federal entities 
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