42 U.S. Code § 16538 - Advanced Research Projects Agency—Energy
prev | next
(a)
Definitions
In this section:
(b)
Establishment
There is established the Advanced Research Projects Agency—Energy within the Department to overcome 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—
(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 and high-risk technological barriers to the development of energy technologies.
(e)
Responsibilities
The responsibilities of the Director shall include—
(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 entities, which may include federally-funded research and development centers, to achieve the goals described in subsection (c) through targeted acceleration of—
(4)
terminating programs carried out under this section that are not achieving the goals of the programs; and
(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 funding is being requested;
(f)
Awards
In carrying out this section, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.
(g)
Personnel
(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 the responsibilities of ARPA–E under this section in conjunction with other operations of the Department.
(2)
Program directors
(A)
In general
The Director shall designate employees to serve as program directors for the programs established pursuant to the responsibilities established for ARPA-E under subsection (e).
(B)
Responsibilities
A program director of a program 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 particular promise, especially areas that the private sector or the Federal Government are not likely to undertake alone;
(iv)
selecting on the basis of merit each of the projects to be supported under the program after considering—
(II)
the demonstrated capabilities of the applicants to successfully carry out the proposed project;
(v)
identifying innovative cost-sharing arrangements for ARPA–E projects, including through use of the authority provided under section
16352
(b)(3) of this title;
(3)
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;
(ii)
fix the basic pay of such personnel at a rate to be determined by the Director at rates not in excess of Level II of the Executive Schedule (EX–II) without regard to the civil service laws; and
(h)
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 Congress a report describing projects supported by ARPA-E during the previous fiscal year.
(2)
Strategic vision roadmap
Not later than October 1, 2010, and October 1, 2013, the Director shall provide to the relevant authorizing and appropriations committees of Congress 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.
(i)
Coordination and nonduplication
(1)
In general
To the maximum extent practicable, the Director shall ensure that the activities of ARPA-E are coordinated 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
16391 of this title.
(j)
Federal demonstration of technologies
The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA–E.
(k)
Advice
(l)
ARPA-E evaluation
(1)
In general
After ARPA-E has been in operation for 6 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an evaluation of how well ARPA-E is achieving the goals and mission of ARPA-E.
(n)
Funding
(1)
Fund
There is established in the Treasury of the United States a fund, to be known as the “Energy Transformation Acceleration Fund”, which shall be administered by the Director for the purposes of carrying out this section.
(2)
Authorization of appropriations
Subject to paragraphs (4) and (5),
[2]
there are authorized to be appropriated to the Director for deposit in the Fund, without fiscal year limitation—
(3)
Separate budget and appropriation
(4)
Allocation
Of the amounts appropriated for a fiscal year under paragraph (2)—
[1] So in original.
[2] See References in Text note below.
Source
(Pub. L. 110–69, title V, § 5012,Aug. 9, 2007, 121 Stat. 621; Pub. L. 111–358, title IX, § 904,Jan. 4, 2011, 124 Stat. 4045.)
References in Text
Level II of the Executive Schedule, referred to in subsec. (g)(3)(A)(ii), is set out in section
5313 of Title
5, Government Organization and Employees.
Par. (5), referred to in subsec. (n)(2), was redesignated par. (4) of this section and former par. (4) was struck out by Pub. L. 111–358, title IX, § 904(10)(B), (C),Jan. 4, 2011, 124 Stat. 4048.
Amendments
2011—Subsec. (a)(3). Pub. L. 111–358, § 904(1), substituted “subsection (n)(1)” for “subsection (m)(1)”.
Subsec. (c)(2)(A). Pub. L. 111–358, § 904(2), inserted “and applied” after “advances in fundamental”.
Subsec. (e)(3)(C). Pub. L. 111–358, § 904(3)(A)(i), added subpar. (C) and struck out former subpar. (C) which read as follows: “research and development of manufacturing processes for novel energy technologies; and”.
Subsec. (e)(5). Pub. L. 111–358, § 904(3)(A)(ii)–(C), added par. (5).
Subsec. (f). Pub. L. 111–358, § 904(5), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 111–358, § 904(4), redesignatedsubsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 111–358, § 904(6)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (g)(2). Pub. L. 111–358, § 904(6)(A),(C)(i), redesignated par. (1) as (2) and substituted “Program directors” for “Program managers” in heading.
Subsec. (g)(2)(A). Pub. L. 111–358, § 904(6)(C)(ii), substituted “program directors for” for “program managers for each of”.
Subsec. (g)(2)(B). Pub. L. 111–358, § 904(6)(C)(iii)(I), substituted “program director” for “program manager” in introductory provisions.
Subsec. (g)(2)(B)(iv). Pub. L. 111–358, § 904(6)(C)(iii)(II), struck out “, with advice under subsection (j) as appropriate,” after “basis of merit” in introductory provisions.
Subsec. (g)(2)(B)(v) to (viii). Pub. L. 111–358, § 904(6)(C)(iii)(III)–(VI), added cls. (v) and (vii) and redesignated former cls. (v) and (vi) as (vi) and (viii), respectively.
Subsec. (g)(2)(C). Pub. L. 111–358, § 904(6)(C)(iv), inserted “not more than” after “shall be”.
Subsec. (g)(3). Pub. L. 111–358, § 904(6)(A), redesignated par. (2) as (3).
Subsec. (g)(3)(A)(ii), (iii). Pub. L. 111–358, § 904(6)(D)(i), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “fix the compensation of such personnel at a rate to be determined by the Director.”
Subsec. (g)(3)(B). Pub. L. 111–358, § 904(6)(D)(ii), substituted “not more than 120” for “not less than 70, and not more than 120,”.
Subsec. (h). Pub. L. 111–358, § 904(4), redesignatedsubsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(2). Pub. L. 111–358, § 904(7), substituted “2010” for “2008” and “2013” for “2011”.
Subsec. (i). Pub. L. 111–358, § 904(4), redesignatedsubsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 111–358, § 904(8), added subsec. (j) and struck out former subsec. (j). Prior to amendment, text read as follows: “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.”
Pub. L. 111–358, § 904(4), redesignatedsubsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsecs. (k), (l). Pub. L. 111–358, § 904(4), redesignatedsubsecs. (j) and (k) as (k) and (l), respectively. Former subsec. (l) redesignated (m).
Subsec. (l)(1). Pub. L. 111–358, § 904(9)(A), substituted “6 years” for “4 years”.
Subsec. (l)(2)(B). Pub. L. 111–358, § 904(9)(B), inserted “, and the manner in which those lessons may apply to the operation of other programs of the Department” after “ARPA-E”.
Subsecs. (m), (n). Pub. L. 111–358, § 904(4), redesignatedsubsecs. (l) and (m) as (m) and (n), respectively.
Subsec. (n)(2)(C) to (E). Pub. L. 111–358, § 904(10)(A), added subpars. (C) to (E).
Subsec. (n)(4). Pub. L. 111–358, § 904(10)(B), (C), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text read as follows: “No amounts may be appropriated for ARPA-E for fiscal year 2008 unless the amount appropriated for the activities of the Office of Science of the Department for fiscal year 2008 exceeds the amount appropriated for the Office for fiscal year 2007, as adjusted for inflation in accordance with the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor.”
Subsec. (n)(4)(B). Pub. L. 111–358, § 904(10)(D), substituted “5 percent” for “2.5 percent” and inserted “, consistent with the goal described in subsection (c)(2)(D) and within the responsibilities of program directors described in subsection (g)(2)(B)(vii)” after “outreach activities”.
Subsec. (n)(5). Pub. L. 111–358, § 904(10)(C), redesignated par. (5) as (4).
LII has no control over and does not endorse any external Internet site that contains links to or references LII.