H. R. 2272—49 
(3) $20,000,000 for fiscal year 2010, including nonexpiring 
fellowships for preceding fiscal years. 
SEC. 5010. SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDA-
TIONS AND REVIEWS. 
It is the sense of Congress that— 
(1) the Department of Energy should implement the rec-
ommendations contained in the report of the Government 
Accountability Office numbered 04–639; and 
(2) the Secretary of Energy should annually conduct 
reviews in accordance with title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.) of at least 2 recipients 
of grants provided by the Department of Energy. 
SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM. 
(a) PURPOSE.—The purpose of this section is to promote sci-
entific and academic excellence through collaborations between 
institutions of higher education and National Laboratories. 
(b) ESTABLISHMENT.—The Secretary shall establish a program 
to support the joint appointment of distinguished scientists by 
institutions of higher education and National Laboratories. 
(c) QUALIFICATIONS.—To be eligible for appointment as a distin-
guished scientist under this section, an individual, by reason of 
professional background and experience, shall be able to bring 
international recognition to the appointing institution of higher 
education or National Laboratory in the field of scientific endeavor 
of the individual. 
(d) SELECTION.—A distinguished scientist appointed under this 
section shall be selected through an open, competitive process. 
(e) APPOINTMENT.— 
(1) INSTITUTION OF HIGHER EDUCATION.—An appointment 
by an institution of higher education under this section shall 
be filled within the tenure allotment of the institution of higher 
education, at a minimum rank of professor. 
(2) NATIONAL LABORATORY.—An appointment by a National 
Laboratory under this section shall be at the rank of the highest 
grade of distinguished scientist or technical staff of the National 
Laboratory. 
(f) DURATION.—An appointment under this section shall— 
(1) be for a term of 6 years; and 
(2) consist of 2 3-year funding allotments. 
(g) USE OF FUNDS.—Funds made available under this section 
may be used for— 
(1) the salary of the distinguished scientist and support 
staff; 
(2) undergraduate, graduate, and post-doctoral appoint-
ments; 
(3) research-related equipment; 
(4) professional travel; and 
(5) such other requirements as the Secretary determines 
to be necessary to carry out the purpose of the program. 
(h) REVIEW.— 
(1) IN GENERAL.—The appointment of a distinguished sci-
entist under this section shall be reviewed at the end of the 
first 3-year allotment for the distinguished scientist through 
an open peer-review process to determine whether the appoint-
ment is meeting the purpose of this section under subsection 
(a).
H. R. 2272—50 
(2) FUNDING.—Funding of the appointment of the distin-
guished scientist for the second 3-year allotment shall be deter-
mined based on the review conducted under paragraph (1). 
(i) COST SHARING.—To be eligible for assistance under this 
section, an appointing institution of higher education shall pay 
at least 50 percent of the total costs of the appointment. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $15,000,000 for fiscal year 2008; 
(2) $20,000,000 for fiscal year 2009; and 
(3) $30,000,000 for fiscal year 2010. 
SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY—ENERGY. 
(a) DEFINITIONS.—In this section: 
(1) ARPA-E.—The term ‘‘ARPA–E’’ means the Advanced 
Research Projects Agency—Energy established by subsection 
(b). 
(2) DIRECTOR.—The term ‘‘Director’’ means the Director 
of ARPA-E appointed under subsection (d). 
(3) FUND.—The term ‘‘Fund’’ means the Energy Trans-
formation Acceleration Fund established under subsection 
(m)(1). 
(b) ESTABLISHMENT.—There is established the Advanced 
Research Projects Agency—Energy within the Department to over-
come the long-term and high-risk technological barriers in the 
development of energy technologies. 
(c) GOALS.— 
(1) IN GENERAL.—The goals of ARPA-E shall be— 
(A) to enhance the economic and energy security of 
the United States through the development of energy tech-
nologies that result in— 
(i) reductions of imports of energy from foreign 
sources; 
(ii) 
reductions 
of 
energy-related 
emissions, 
including greenhouse gases; and 
(iii) improvement in the energy efficiency of all 
economic sectors; and 
(B) to ensure that the United States maintains a 
technological lead in developing and deploying advanced 
energy technologies. 
(2) MEANS.—ARPA-E shall achieve the goals established 
under paragraph (1) through energy technology projects by— 
(A) identifying and promoting revolutionary advances 
in fundamental sciences; 
(B) translating scientific discoveries and cutting-edge 
inventions into technological innovations; and 
(C) 
accelerating 
transformational 
technological 
advances in areas that industry by itself is not likely to 
undertake because of technical and financial uncertainty. 
(d) DIRECTOR.— 
(1) APPOINTMENT.—There shall be in the Department of 
Energy a Director of ARPA-E, who shall be appointed by the 
President, by and with the advice and consent of the Senate. 
(2) QUALIFICATIONS.—The Director shall be an individual 
who, by reason of professional background and experience, is 
especially qualified to advise the Secretary on, and manage 
research programs addressing, matters pertaining to long-term
H. R. 2272—51 
and high-risk technological barriers to the development of 
energy technologies. 
(3) RELATIONSHIP TO SECRETARY.—The Director shall report 
to the Secretary. 
(4) RELATIONSHIP TO OTHER PROGRAMS.—No other programs 
within the Department shall report to the Director. 
(e) RESPONSIBILITIES.—The responsibilities of the Director shall 
include— 
(1) approving all new programs within ARPA-E; 
(2) developing funding criteria and assessing the success 
of programs through the establishment of technical milestones; 
(3) administering the Fund through awards to institutions 
of higher education, companies, research foundations, trade 
and industry research collaborations, or consortia of such enti-
ties, which may include federally-funded research and develop-
ment centers, to achieve the goals described in subsection (c) 
through targeted acceleration of— 
(A) novel early-stage energy research with possible 
technology applications; 
(B) development of techniques, processes, and tech-
nologies, and related testing and evaluation; 
(C) research and development of manufacturing proc-
esses for novel energy technologies; and 
(D) coordination with nongovernmental entities for 
demonstration of technologies and research applications 
to facilitate technology transfer; and 
(4) terminating programs carried out under this section 
that are not achieving the goals of the programs. 
(f) PERSONNEL.— 
(1) PROGRAM MANAGERS.— 
(A) 
IN
GENERAL.—The 
Director 
shall 
designate 
employees to serve as program managers for each of the 
programs established pursuant to the responsibilities estab-
lished for ARPA-E under subsection (e). 
(B) RESPONSIBILITIES.—A program manager of a pro-
gram shall be responsible for— 
(i) establishing research and development goals 
for the program, including through the convening of 
workshops and conferring with outside experts, and 
publicizing the goals of the program to the public and 
private sectors; 
(ii) soliciting applications for specific areas of par-
ticular promise, especially areas that the private sector 
or the Federal Government are not likely to undertake 
alone; 
(iii) building research collaborations for carrying 
out the program; 
(iv) selecting on the basis of merit, with advice 
under subsection (j) as appropriate, each of the projects 
to be supported under the program after considering— 
(I) the novelty and scientific and technical 
merit of the proposed projects; 
(II) the demonstrated capabilities of the 
applicants to successfully carry out the proposed 
project; 
(III) the consideration by the applicant of 
future commercial applications of the project,
H. R. 2272—52 
including the feasibility of partnering with 1 or 
more commercial entities; and 
(IV) such other criteria as are established by 
the Director; 
(v) monitoring the progress of projects supported 
under the program; and 
(vi) recommending program restructure or termi-
nation of research partnerships or whole projects. 
(C) TERM.—The term of a program manager shall be 
3 years and may be renewed. 
(2) HIRING AND MANAGEMENT.— 
(A) IN GENERAL.—The Director shall have the authority 
to— 
(i) make appointments of scientific, engineering, 
and professional personnel without regard to the civil 
service laws; and 
(ii) fix the compensation of such personnel at a 
rate to be determined by the Director. 
(B) NUMBER.—The Director shall appoint not less than 
70, and not more than 120, personnel under this section. 
(C) PRIVATE RECRUITING FIRMS.—The Secretary, or the 
Director serving as an agent of the Secretary, may contract 
with private recruiting firms for the hiring of qualified 
technical staff to carry out this section. 
(D) ADDITIONAL
STAFF.—The Director may use all 
authorities in existence on the date of enactment of this 
Act that are provided to the Secretary to hire administra-
tive, financial, and clerical staff as necessary to carry out 
this section. 
(g) REPORTS AND ROADMAPS.— 
(1) ANNUAL REPORT.—As part of the annual budget request 
submitted for each fiscal year, the Director shall provide to 
the relevant authorizing and appropriations committees of Con-
gress a report describing projects supported by ARPA-E during 
the previous fiscal year. 
(2) STRATEGIC VISION ROADMAP.—Not later than October 
1, 2008, and October 1, 2011, the Director shall provide to 
the relevant authorizing and appropriations committees of Con-
gress a roadmap describing the strategic vision that ARPA- 
E will use to guide the choices of ARPA-E for future technology 
investments over the following 3 fiscal years. 
(h) COORDINATION AND NONDUPLICATION.— 
(1) IN GENERAL.—To the maximum extent practicable, the 
Director shall ensure that the activities of ARPA-E are coordi-
nated with, and do not duplicate the efforts of, programs and 
laboratories within the Department and other relevant research 
agencies. 
(2) TECHNOLOGY TRANSFER COORDINATOR.—To the extent 
appropriate, the Director may coordinate technology transfer 
efforts with the Technology Transfer Coordinator appointed 
under section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 
16391). 
(i) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Secretary 
shall make information available to purchasing and procurement 
programs of Federal agencies regarding the potential to demonstrate 
technologies resulting from activities funded through ARPA-E. 
(j) ADVICE.—