118 
(i) the novelty and scientific and tech-
nical merit of the proposed projects; 
(ii) the demonstrated capabilities of 
the applicants to successfully carry out the 
proposed research project; 
(iii) the applicant’s consideration of 
future commercial applications of the 
project, 
including 
the 
feasibility 
of 
partnering with 1 or more commercial enti-
ties; and 
(iv) such other criteria as are estab-
lished by the Director; and 
(E) monitoring the progress of projects 
supported under the program, and prescribing 
program restructure or termination of research 
partnerships or whole projects that do not show 
promise. 
(2) HIRING AND MANAGEMENT.—In hiring per-
sonnel for ARPA–E, the Director shall have the au-
thority to make appointments of scientific, engineer-
ing, and professional personnel without regard to the 
civil service laws, and fix the compensation of such 
personnel at a rate to be determined by the Director. 
The term of appointments for employees may not ex-
ceed 3 years before the granting of any extension. In 
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119 
hiring initial staff the Secretary shall give preference 
to applicants with experience in the Defense Ad-
vanced Research Projects Agency, academia, or in 
private sector technology development. The Sec-
retary or Director may contract with private recruit-
ing firms in hiring qualified technical staff. 
(3) ADDITIONAL
HIRING.—The Director may 
hire additional technical, financial, managerial, or 
other staff as needed to carry out the activities of 
the program. 
(f) COORDINATION AND NONDUPLICATION.—To the 
extent practicable, the Director shall ensure that the ac-
tivities of ARPA–E are coordinated with, and do not du-
plicate the efforts of, existing programs and laboratories 
within the Department of Energy and other relevant re-
search agencies. Where appropriate, the Director may co-
ordinate technology transfer efforts with the Technology 
Transfer Coordinator established in section 1001 of the 
Energy Policy Act of 2005 (42 U.S.C. 16391). 
(g) 
FEDERAL
DEMONSTRATION
OF
TECH-
NOLOGIES.—The Secretary shall make information avail-
able to purchasing and procurement programs of Federal 
agencies regarding the potential to demonstrate tech-
nologies resulting from activities funded through ARPA– 
E. 
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120 
SEC. 4002. FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury the Energy Transformation Acceleration Fund 
(in this subtitle referred to as the ‘‘Fund’’), which shall 
be administered by the Director of ARPA–E for the pur-
poses of carrying out this subtitle. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director of 
ARPA–E for deposit in the Fund $300,000,000 for fiscal 
year 2008, $1,000,000,000 for fiscal year 2009, 
$1,100,000,000 for fiscal year 2010, $1,200,000,000 for 
fiscal year 2011, and $1,300,000,000 for fiscal year 2012, 
to remain available until expended. 
(c) LIMITATION.—No amounts may be appropriated 
for the first year of funding for ARPA–E unless the 
amount appropriated for the activities of the Office of 
Science of the Department of Energy for that fiscal year 
exceed the amount appropriated for that Office for fiscal 
year 2007, as adjusted for inflation according to the Con-
sumer Price Index. 
(d) ALLOCATION.—Of the amounts appropriated for 
a fiscal year under subsection (b)— 
(1) not more than 50 percent shall be for activi-
ties under section 4001(d)(4); 
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121 
(2) not more than 8 percent shall be made 
available to Federally Funded Research and Devel-
opment Centers; 
(3) not more than 10 percent may be used for 
administrative expenses; 
(4) at least 2.5 percent shall be designated for 
technology transfer and outreach activities; and 
(5) during the first 5 years of operation of 
ARPA–E, no funds may be used for construction of 
new buildings or facilities. 
SEC. 4003. ADVICE. 
(a) ADVISORY COMMITTEES.—The Director may seek 
advice on any aspect of ARPA–E from— 
(1) existing Department of Energy advisory 
committees; and 
(2) new advisory committees organized to sup-
port the programs of ARPA–E and to provide advice 
and assistance on— 
(A) specific program tasks; or 
(B) overall direction of ARPA–E. 
(b) ADDITIONAL SOURCES OF ADVICE.—The Direc-
tor may seek advice and review from the National Acad-
emy of Sciences, the National Academy for Engineering, 
and any other professional or scientific organization with 
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122 
expertise in specific processes or technologies under devel-
opment by ARPA–E. 
SEC. 4004. ARPA–E EVALUATION. 
After ARPA–E has been in operation for 54 months, 
the President’s Committee on Science and Technology 
shall begin an evaluation (to be completed within 12 
months) of how well ARPA–E is achieving its goals and 
mission. The evaluation shall include the recommendation 
of such Committee on whether ARPA–E should be contin-
ued or terminated, as well as lessons-learned from its oper-
ation. The evaluation shall be made available to Congress 
and to the public upon completion. 
SEC. 4005. SAVINGS CLAUSE. 
The authorities granted by this subtitle are in addi-
tion to existing authorities granted to the Secretary of En-
ergy, and not intended to supersede or modify any existing 
authorities. 
Subtitle B—Marine Renewable 
Energy Technologies 
SEC. 4101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Marine Renewable 
Energy Research and Development Act of 2007’’. 
SEC. 4102. FINDINGS. 
The Congress finds the following: 
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