217 
(g) OUTREACH.—The Secretary shall conduct outreach 
programs and may form partnerships to increase the use 
of and access to high-performance computing modeling and 
simulation capabilities by industry, including manufactur-
ers. 
SEC. 607. FUSION ENERGY RESEARCH PROGRAM. 
(a) PROGRAM.—As part of the activities authorized 
under section 603, the Director shall carry out a fusion en-
ergy sciences research and enabling technology development 
program to effectively address the scientific and engineering 
challenges to building a cost-competitive fusion power plant 
and a competitive fusion power industry in the United 
States. As part of this program, the Director shall carry 
out research activities to expand the fundamental under-
standing of plasmas and matter at very high temperatures 
and densities. 
(b) ITER.—The Director shall coordinate and carry 
out the responsibilities of the United States with respect to 
the ITER international fusion project pursuant to the 
Agreement on the Establishment of the ITER International 
Fusion Energy Organization for the Joint Implementation 
of the ITER Project. 
(c) IDENTIFICATION OF PRIORITIES.—Not later than 
18 months after the date of enactment of this Act, the Sec-
retary shall transmit to the Congress a report on the De-
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
218 
partment’s proposed research and development activities in 
magnetic fusion over the 10 years following the date of en-
actment of this Act under four realistic budget scenarios. 
The report shall— 
(1) identify specific areas of fusion energy re-
search and enabling technology development in which 
the United States can and should establish or solidify 
a lead in the global fusion energy development effort; 
and 
(2) identify priorities for initiation of facility 
construction and facility decommissioning under each 
of those scenarios. 
(d) FUSION MATERIALS RESEARCH AND DEVELOP-
MENT.—The Director, in coordination with the Assistant 
Secretary for Nuclear Energy of the Department, shall 
carry out research and development activities to identify, 
characterize, and create materials that can endure the neu-
tron, plasma, and heat fluxes expected in a commercial fu-
sion power plant. As part of the activities authorized under 
subsection (c), the Secretary shall— 
(1) provide an assessment of the need for a facil-
ity or facilities that can examine and test potential 
fusion and next generation fission materials and 
other enabling technologies relevant to the develop-
ment of commercial fusion power plants; and 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
219 
(2) provide an assessment of whether a single 
new facility that substantially addresses magnetic fu-
sion, inertial fusion, and next generation fission ma-
terials research needs is feasible, in conjunction with 
the expected capabilities of facilities operational as of 
the date of enactment of this Act. 
(e) ENABLING TECHNOLOGY DEVELOPMENT.—The Di-
rector shall carry out activities to develop technologies nec-
essary to enable the reliable, sustainable, safe, and economi-
cally competitive operation of a commercial fusion power 
plant. 
(f) FUSION SIMULATION PROJECT.—In collaboration 
with the Office of Science’s Advanced Scientific Computing 
Research program described in section 606, the Director 
shall carry out a computational project to advance the ca-
pability of fusion researchers to accurately simulate an en-
tire fusion energy system. 
(g) INERTIAL FUSION ENERGY RESEARCH AND DE-
VELOPMENT PROGRAM.—The Secretary shall carry out a 
program of research and technology development in inertial 
fusion for energy applications, including ion beam and 
laser fusion. Not later than 180 days after the release of 
a report from the National Academies on inertial fusion 
energy research, the Secretary shall transmit to Congress 
a report describing the Department’s plan to incorporate 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
220 
any relevant recommendations from the National Acad-
emies’ report into this program. 
SEC. 608. HIGH ENERGY PHYSICS PROGRAM. 
(a) PROGRAM.—As part of the activities authorized 
under section 603, the Director shall carry out a research 
program on the elementary constituents of matter and en-
ergy and the nature of space and time. 
(b) NEUTRINO RESEARCH.—As part of the program 
described in subsection (a), the Director shall carry out re-
search activities on rare decay processes and the nature of 
the neutrino, which may— 
(1) include collaborations with the National 
Science Foundation on relevant projects; and 
(2) utilize components of existing accelerator fa-
cilities to produce neutrino beams of sufficient inten-
sity to explore research priorities identified by the 
High Energy Physics Advisory Panel or the National 
Academy of Sciences. 
(c) DARK ENERGY AND DARK MATTER RESEARCH.— 
As part of the program described in subsection (a), the Di-
rector shall carry out research activities on the nature of 
dark energy and dark matter. These activities shall be con-
sistent with research priorities identified by the High En-
ergy Physics Advisory Panel or the National Academy of 
Sciences, and may include— 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
221 
(1) the development of space-based and land- 
based facilities and experiments; and 
(2) collaborations with the National Aeronautics 
and Space Administration, the National Science 
Foundation, or international collaborations on rel-
evant research projects. 
(d) ACCELERATOR RESEARCH AND DEVELOPMENT.— 
The Director shall carry out research and development in 
advanced accelerator concepts and technologies to reduce the 
necessary scope and cost for the next generation of particle 
accelerators. 
(e) INTERNATIONAL COLLABORATION.—The Director, 
as practicable and in coordination with other appropriate 
Federal agencies as necessary, shall ensure the access of 
United States researchers to the most advanced accelerator 
facilities and research capabilities in the world, including 
the Large Hadron Collider. 
SEC. 609. NUCLEAR PHYSICS PROGRAM. 
(a) PROGRAM.—As part of the activities authorized 
under section 603, the Director shall carry out a research 
program, and support relevant facilities, to discover and 
understand various forms of nuclear matter. 
(b) FACILITY CONSTRUCTION AND UPGRADES.—Con-
sistent with the Office of Science’s project management 
practices, the Director shall carry out— 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
222 
(1) an upgrade of the Continuous Electron Beam 
Accelerator Facility to a 12 gigaelectronvolt beam of 
electrons; and 
(2) construction of the Facility for Rare Isotope 
Beams. 
(c) ISOTOPE DEVELOPMENT AND PRODUCTION FOR 
RESEARCH APPLICATIONS.—The Director shall carry out 
a program for the production of isotopes, including the de-
velopment of techniques to produce isotopes, that the Sec-
retary determines are needed for research or other purposes. 
In making this determination, the Secretary shall consider 
any relevant recommendations made by Federal advisory 
committees, the National Academies, and interagency work-
ing groups in which the Department participates. 
SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PRO-
GRAM. 
(a) PROGRAM.—The Director shall carry out a pro-
gram to improve the safety, efficiency, and mission readi-
ness of infrastructure at Office of Science laboratories. The 
program shall include projects to— 
(1) renovate or replace space that does not meet 
research needs; 
(2) replace facilities that are no longer cost effec-
tive to renovate or operate; 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
223 
(3) modernize utility systems to prevent failures 
and ensure efficiency; 
(4) remove excess facilities to allow safe and effi-
cient operations; and 
(5) construct modern facilities to conduct ad-
vanced research in controlled environmental condi-
tions. 
(b) MINOR CONSTRUCTION PROJECTS.— 
(1) AUTHORITY.—Using operation and mainte-
nance funds or facilities and infrastructure funds au-
thorized by law, the Secretary may carry out minor 
construction projects with respect to laboratories ad-
ministered by the Office of Science. 
(2) ANNUAL REPORT.—The Secretary shall sub-
mit to Congress, as part of the annual budget submis-
sion of the Department, a report on each exercise of 
the authority under subsection (a) during the pre-
ceding fiscal year. Each report shall include a sum-
mary of maintenance and infrastructure needs and 
associated funding requirements at each of the labora-
tories, including the amount of both planned and de-
ferred infrastructure spending at each laboratory. 
Each report shall provide a brief description of each 
minor construction project covered by the report. 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
224 
(3) COST VARIATION REPORTS.—If, at any time 
during the construction of any minor construction 
project, the estimated cost of the project is revised and 
the revised cost of the project exceeds the minor con-
struction threshold, the Secretary shall immediately 
submit to Congress a report explaining the reasons for 
the cost variation. 
(4) DEFINITIONS.—In this section— 
(A) the term ‘‘minor construction project’’ 
means any plant project not specifically author-
ized by law for which the approved total esti-
mated cost does not exceed the minor construc-
tion threshold; and 
(B) the term ‘‘minor construction threshold’’ 
means $10,000,000, with such amount to be ad-
justed by the Secretary in accordance with the 
Engineering News-Record Construction Cost 
Index, or an appropriate alternative index as de-
termined by the Secretary, once every five years 
after the date of enactment of this Act. 
(5) 
NONAPPLICABILITY.—Sections 
4703 
and 
4704 of the Atomic Energy Defense Act (50 U.S.C. 
2743 and 2744) shall not apply to laboratories ad-
ministered by the Office of Science. 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
225 
SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary for the activities of the Office of Science— 
(1) $5,247,000,000 for fiscal year 2011, of 
which— 
(A) $1,875,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $667,000,000 shall be for Biological and 
Environmental Research activities under section 
605; and 
(C) $466,000,000 shall be for Advanced Sci-
entific Computing Research activities under sec-
tion 606; 
(2) $5,614,000,000 for fiscal year 2012, of 
which— 
(A) $2,025,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $720,000,000 shall be for Biological and 
Environmental Research activities under section 
605; and 
(C) $503,000,000 shall be for Advanced Sci-
entific Computing Research activities under sec-
tion 606; 
(3) $6,007,000,000 for fiscal year 2013, of 
which— 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
226 
(A) $2,187,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $778,000,000 shall be for Biological and 
Environmental Research activities under section 
605; and 
(C) $544,000,000 shall be for Advanced Sci-
entific Computing Research activities under sec-
tion 606; 
(4) $6,428,000,000 for fiscal year 2014, of 
which— 
(A) $2,362,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $840,000,000 shall be for Biological and 
Environmental Research activities under section 
605; and 
(C) $587,000,000 shall be for Advanced Sci-
entific Computing Research activities under sec-
tion 606; and 
(5) $6,878,000,000 for fiscal year 2015, of 
which— 
(A) $2,551,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $907,000,000 shall be for Biological and 
Environmental Research activities under section 
605; and 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
227 
(C) $634,000,000 shall be for Advanced Sci-
entific Computing Research activities under sec-
tion 606. 
Subtitle B—Advanced Research 
Projects Agency-Energy 
SEC. 621. SHORT TITLE. 
This subtitle may be cited as the ‘‘ARPA-E Reauthor-
ization Act of 2010’’. 
SEC. 622. ARPA-E AMENDMENTS. 
Section 5012 of the America COMPETES Act (42 
U.S.C. 16538) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A), by inserting ‘‘and 
applied’’ after ‘‘advances in fundamental’’; 
(B) by striking ‘‘and’’ at the end of sub-
paragraph (B); 
(C) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and 
(D) by adding at the end the following new 
subparagraph: 
‘‘(D) promoting the commercial application 
of advanced energy technologies.’’; 
(2) in subsection (e)(3), by amending subpara-
graph (C) to read as follows: 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
228 
‘‘(C) research and development of advanced 
manufacturing process and technologies for the 
domestic manufacturing of novel energy tech-
nologies; and’’; 
(3) in subsection (e)— 
(A) by striking ‘‘and’’ at the end of para-
graph (3)(D); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) pursuant to subsection (c)(2)(C)— 
‘‘(A) ensuring that applications for funding 
disclose the extent of current and prior efforts, 
including monetary investments as appropriate, 
in pursuit of the technology area for which fund-
ing is being requested; 
‘‘(B) adopting measures to ensure that, in 
making awards, program managers adhere to the 
objectives in subsection (c)(2)(C); and 
‘‘(C) providing as part of the annual report 
required by subsection (h)(1) a summary of the 
instances of and reasons for ARPA-E funding 
projects in technology areas already being under-
taken by industry.’’; 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
229 
(4) by redesignating subsections (f) through (m) 
as subsections (g), (h), (i), (j), (l), (m), (n), and (o), 
respectively; 
(5) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) AWARDS.—In carrying out this section, the Direc-
tor shall initiate and execute awards in the form of grants, 
contracts, cooperative agreements, cash prizes, and other 
transactions.’’; 
(6) in subsection (g), as so redesignated by para-
graph (4) of this section— 
(A) by redesignating paragraphs (1) and 
(2) as paragraphs (2) and (3), respectively; 
(B) by inserting before paragraph (2), as so 
redesignated by subparagraph (A) of this para-
graph, the following new paragraph: 
‘‘(1) IN GENERAL.—The Director shall establish 
and maintain within ARPA-E a staff with sufficient 
qualifications and expertise to enable ARPA-E to 
carry out its responsibilities under this section in 
conjunction with the operations of the rest of the De-
partment.’’; 
(C) in paragraph (2)(A), as so redesignated 
by subparagraph (A) of this paragraph— 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
230 
(i) in the paragraph heading, by strik-
ing ‘‘PROGRAM MANAGERS’’ and inserting 
‘‘PROGRAM DIRECTORS’’; 
(ii) by striking ‘‘program managers’’ 
and inserting ‘‘program directors’’; and 
(iii) by striking ‘‘each of’’. 
(D) in paragraph (2)(B), as so redesignated 
by subparagraph (A) of this paragraph— 
(i) by striking ‘‘program manager’’ 
and inserting ‘‘program director’’; 
(ii) in clause (iv), by striking ‘‘, with 
advice under subsection (j) as appro-
priate,’’; 
(iii) by redesignating clauses (v) and 
(vi) as clauses (vi) and (viii), respectively; 
(iv) by inserting after clause (iv) the 
following new clause: 
‘‘(v) identifying innovative cost-shar-
ing arrangements for ARPA-E projects, in-
cluding through use of the authority under 
section 988(b)(3) of the Energy Policy Act 
of 2005 (42 U.S.C. 16352(b)(3));’’; 
(v) in clause (vi), as so redesignated by 
clause (iii) of this subparagraph, by strik-
ing ‘‘; and’’ and inserting a semicolon; and 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
231 
(vi) by inserting after clause (vi), as so 
redesignated by clause (iii) of this subpara-
graph, the following new clause: 
‘‘(vii) identifying mechanisms for com-
mercial application of successful energy 
technology development projects, including 
through establishment of partnerships be-
tween awardees and commercial entities; 
and’’; 
(E) in paragraph (2)(C), as so redesignated 
by subparagraph (A) of this paragraph, by in-
serting ‘‘up to’’ after ‘‘shall be’’; 
(F) in paragraph (3), as so redesignated by 
subparagraph (A) of this paragraph, by striking 
subparagraph (B) and redesignating subpara-
graphs (C) and (D) as subparagraphs (B) and 
(C), respectively; and 
(G) by adding at the end the following new 
paragraph: 
‘‘(4) FELLOWSHIPS.—The Director is authorized 
to select exceptional early-career and senior scientific, 
legal, business, and technical personnel to serve as fel-
lows to work at ARPA-E for terms not to exceed two 
years. Responsibilities of fellows may include— 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
232 
‘‘(A) supporting program managers in pro-
gram creation, design, implementation, and 
management; 
‘‘(B) exploring technical fields for future 
ARPA-E program areas; 
‘‘(C) assisting the Director in the creation 
of the strategic vision for ARPA-E referred to in 
subsection (h)(2); 
‘‘(D) preparing energy technology and eco-
nomic analyses; and 
‘‘(E) any other appropriate responsibilities 
identified by the Director.’’; 
(7) in subsection (h)(2), as so redesignated by 
paragraph (4) of this section— 
(A) by striking ‘‘2008’’ and inserting 
‘‘2010’’; and 
(B) by striking ‘‘2011’’ and inserting 
‘‘2013’’; 
(8) by amending subsection (j), as so redesig-
nated by paragraph (4) of this section, to read as fol-
lows: 
‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.— 
The Director shall seek opportunities to partner with pur-
chasing and procurement programs of Federal agencies to 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
233 
demonstrate energy technologies resulting from activities 
funded through ARPA-E.’’; 
(9) by inserting after such subsection (j) the fol-
lowing new subsection: 
‘‘(k) EVENTS.— 
‘‘(1) The Director is authorized to convene, orga-
nize, and sponsor events that further the objectives of 
ARPA-E, including events that assemble awardees, 
the most promising applicants for ARPA-E funding, 
and a broad range of ARPA-E stakeholders (which 
may include members of relevant scientific research 
and academic communities, government officials, fi-
nancial institutions, private investors, entrepreneurs, 
and other private entities), for the purposes of— 
‘‘(A) demonstrating projects of ARPA-E 
awardees; 
‘‘(B) demonstrating projects of finalists for 
ARPA-E awards and other energy technology 
projects; 
‘‘(C) facilitating discussion of the commer-
cial application of energy technologies developed 
under ARPA-E and other government-sponsored 
research and development programs; or 
‘‘(D) such other purposes as the Director 
considers appropriate. 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
234 
‘‘(2) Funding for activities described in para-
graph (1) shall be provided as part of the technology 
transfer and outreach activities authorized under sub-
section (o)(4)(B).’ ’’’; 
(10) in subsection (m)(1), as so redesignated by 
paragraph (4) of this section, by striking ‘‘4 years’’ 
and inserting ‘‘6 years’’; 
(11) in subsection (m)(2)(B), as so redesignated 
by paragraph (4) of this section, by inserting ‘‘, and 
how those lessons may apply to the operation of other 
programs within the Department of Energy’’ after 
‘‘ARPA-E’’; 
(12) by amending subsection (o)(2), as so redes-
ignated by paragraph (4) of this section, to read as 
follows: 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Subject to paragraph (4), there are authorized to be 
appropriated to the Director for deposit in the Fund, 
without fiscal year limitation— 
‘‘(A) $300,000,000 for fiscal year 2011; 
‘‘(B) $450,000,000 for fiscal year 2012; 
‘‘(C) $600,000,000 for fiscal year 2013; 
‘‘(D) $800,000,000 for fiscal year 2014; and 
‘‘(E) $1,000,000,000 for fiscal year 2015.’’; 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
235 
(13) in subsection (o), as so redesignated by 
paragraph (4) of this section, by— 
(A) striking paragraph (4); and 
(B) redesignating paragraph (5) as para-
graph (4); and 
(14) in subsection (o)(4)(B), as so redesignated 
by paragraphs (4) and (13)(B) of this subsection— 
(A) by striking ‘‘2.5 percent’’ and inserting 
‘‘5 percent’’; and 
(B) by inserting ‘‘, consistent with the goal 
described in subsection (c)(2)(D) and within the 
responsibilities of program directors as specified 
in subsection (g)(2)(B)(vii)’’ after ‘‘outreach ac-
tivities’’. 
Subtitle C—Energy Innovation 
Hubs 
SEC. 631. SHORT TITLE. 
This subtitle may be cited as the ‘‘Energy Innovation 
Hubs Authorization Act of 2010’’. 
SEC. 632. ENERGY INNOVATION HUBS. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—The Secretary of Energy shall 
carry out a program to enhance the Nation’s eco-
nomic, environmental, and energy security by making 
grants to consortia for establishing and operating En-
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
236 
ergy Innovation Hubs to conduct and support, when-
ever practicable at one centralized location, multi-
disciplinary, 
collaborative 
research, 
development, 
demonstration, and commercial application of ad-
vanced energy technologies in areas not being served 
by the private sector. 
(2) TECHNOLOGY
DEVELOPMENT
FOCUS.—The 
Secretary shall designate for each Hub a unique ad-
vanced energy technology development focus. 
(3) COORDINATION.—The Secretary shall ensure 
the coordination of, and avoid unnecessary duplica-
tion of, the activities of Hubs with those of other De-
partment of Energy research entities, including the 
National 
Laboratories, 
the 
Advanced 
Research 
Projects Agency—Energy, and Energy Frontier Re-
search Centers, and within industry. Such coordina-
tion shall include convening and consulting with rep-
resentatives of staff of the Department of Energy, rep-
resentatives from Hubs and the qualifying entities 
that are members of the consortia operating the Hubs, 
and representatives of such other entities as the Sec-
retary considers appropriate, to share research re-
sults, program plans, and opportunities for collabora-
tion. 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
237 
(4) ADMINISTRATION.—The Secretary shall ad-
minister this section with respect to each Hub through 
the Department program office appropriate to admin-
ister the subject matter of the technology development 
focus assigned under paragraph (2) for the Hub. 
(b) CONSORTIA.— 
(1) ELIGIBILITY.—To be eligible to receive a 
grant under this section for the establishment and op-
eration of a Hub, a consortium shall— 
(A) be composed of no fewer than 2 quali-
fying entities; 
(B) operate subject to a binding agreement 
entered into by its members that documents— 
(i) the proposed partnership agree-
ment, including the governance and man-
agement structure of the Hub; 
(ii) measures to enable cost-effective 
implementation of the program under this 
section; 
(iii) a proposed budget, including fi-
nancial contributions from non-Federal 
sources; 
(iv) conflict of interest procedures con-
sistent with subsection (d)(3), all known 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
238 
material conflicts of interest, and cor-
responding mitigation plans; 
(v) an accounting structure that en-
ables the Secretary to ensure that the con-
sortium has complied with the requirements 
of this section; and 
(vi) an external advisory committee 
consistent with subsection (d)(2); and 
(C) operate as a nonprofit organization. 
(2) APPLICATION.—A consortium seeking to es-
tablish and operate a Hub under this section, acting 
through a prime applicant, shall transmit to the Sec-
retary an application at such time, in such form, and 
accompanied by such information as the Secretary 
shall require, including a detailed description of the 
elements of the consortium agreement required under 
paragraph (1)(B). If the consortium members will not 
be located at one centralized location, such applica-
tion shall include a communications plan that en-
sures close coordination and integration of the Hub’s 
activities. 
(c) SELECTION AND SCHEDULE.—The Secretary shall 
select consortia for grants for the establishment and oper-
ation of Hubs through competitive selection processes. 
Grants made to a Hub shall be for a period not to exceed 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
239 
5 years, after which the grant may be renewed, subject to 
a competitive selection process. 
(d) HUB OPERATIONS.— 
(1) IN GENERAL.—Hubs shall conduct or provide 
for multidisciplinary, collaborative research, develop-
ment, demonstration, and commercial application of 
advanced energy technologies within the technology 
development focus designated for the Hub by the Sec-
retary under subsection (a)(2). Each Hub shall— 
(A) encourage collaboration and commu-
nication among the member qualifying entities 
of the consortium and awardees by conducting 
activities whenever practicable at one centralized 
location; 
(B) develop and publish on the Department 
of Energy’s website proposed plans and pro-
grams; 
(C) submit an annual report to the Sec-
retary summarizing the Hub’s activities, includ-
ing detailing organizational expenditures, listing 
external advisory committee members, and de-
scribing each project undertaken by the Hub; 
and 
(D) monitor project implementation and co-
ordination. 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
240 
(2) EXTERNAL
ADVISORY
COMMITTEE.—Each 
Hub shall establish an external advisory committee, 
the membership of which shall have sufficient exper-
tise to advise and provide guidance on scientific, tech-
nical, industry, financial, and research management 
matters. 
(3) CONFLICTS OF INTEREST.— 
(A) PROCEDURES.—Hubs shall establish 
conflict of interest procedures, consistent with 
those of the Department of Energy, to ensure 
that employees and consortia designees for Hub 
activities who are in decisionmaking capacities 
disclose all material conflicts of interest, includ-
ing financial, organizational, and personal con-
flicts of interest. 
(B) DISQUALIFICATION AND REVOCATION.— 
The Secretary may disqualify an application or 
revoke funds distributed to a Hub if the Sec-
retary discovers a failure to comply with conflict 
of interest procedures established under subpara-
graph (A). 
(e) PROHIBITION ON CONSTRUCTION.— 
(1) IN GENERAL.—No funds provided pursuant 
to this section may be used for construction of new 
buildings or facilities for Hubs. Construction of new 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
241 
buildings or facilities shall not be considered as part 
of the non-Federal share of a Hub cost-sharing agree-
ment. 
(2) TEST BED AND RENOVATION EXCEPTION.— 
Nothing in this subsection shall prohibit the use of 
funds provided pursuant to this section, or non-Fed-
eral cost share funds, for the construction of a test bed 
or renovations to existing buildings or facilities for 
the purposes of research if the Oversight Board deter-
mines that the test bed or renovations are limited to 
a scope and scale necessary for the research to be con-
ducted. 
(f) OVERSIGHT BOARD.—The Secretary shall establish 
and maintain within the Department an Oversight Board 
to oversee the progress of Hubs. 
(g) PRIORITY CONSIDERATION.—The Secretary shall 
give priority consideration to applications in which 1 or 
more of the institutions under subsection (b)(1)(A) are 1890 
Land Grant Institutions (as defined in section 2 of the Ag-
ricultural Research, Extension, and Education Reform Act 
of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions 
(as defined in section 318 of the Higher Education Act of 
1965 (20 U.S.C. 1059e)), Tribal Colleges or Universities (as 
defined in section 316(b) of the Higher Education Act of 
1965 (20 U.S.C. 1059c(b)), or Hispanic Serving Institu-
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
242 
tions (as defined in section 318 of the Higher Education 
Act of 1965 (20 U.S.C. 1059e)). 
(h) DEFINITIONS.—For purposes of this section: 
(1) ADVANCED ENERGY TECHNOLOGY.—The term 
‘‘advanced energy technology’’ means an innovative 
technology— 
(A) that produces energy from solar, wind, 
geothermal, biomass, tidal, wave, ocean, or other 
renewable energy resources; 
(B) that produces nuclear energy; 
(C) for carbon capture and sequestration; 
(D) that enables advanced vehicles, vehicle 
components, and related technologies that result 
in significant energy savings; 
(E) that generates, transmits, distributes, 
utilizes, or stores energy more efficiently than 
conventional technologies; or 
(F) that enhances the energy independence 
and security of the United States by enabling 
improved or expanded supply and production of 
domestic energy resources, including coal, oil, 
and natural gas. 
(2) HUB.—The term ‘‘Hub’’ means an Energy 
Innovation Hub established in accordance with this 
section. 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS
243 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given that term in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(4) QUALIFYING ENTITY.—The term ‘‘qualifying 
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; 
(C) a nongovernmental organization with 
expertise in advanced energy technology research, 
development, demonstration, or commercial ap-
plication; or 
(D) any other relevant entity the Secretary 
considers appropriate. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section— 
(1) $110,000,000 for fiscal year 2011; 
(2) $135,000,000 for fiscal year 2012; 
(3) $195,000,000 for fiscal year 2013; 
(4) $210,000,000 for fiscal year 2014; and 
VerDate Mar 15 2010 
21:37 May 07, 2010
Jkt 089200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6203
E:\BILLS\H5116.RH
H5116
smartinez on DSKB9S0YB1PROD with BILLS