[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[House]
[Pages H5779-H5781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           ARPA-E ACT OF 2018

  Mr. LUCAS. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5906) to amend the America COMPETES Act to establish Department 
of Energy policy for Advanced Research Projects Agency-Energy, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5906

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``ARPA-E Act of 2018''.

     SEC. 2. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.

       (a) Establishment.--Section 5012(b) of the America COMPETES 
     Act (42 U.S.C. 16538(b)) is amended by striking ``development 
     of energy technologies'' and inserting ``development of 
     transformative science and technology solutions to address 
     energy, environmental, economic, and national security 
     challenges''.
       (b) Goals.--Section 5012(c) of such Act (42 U.S.C. 
     16538(c)) is amended--
       (1) by striking paragraph (1)(A) and inserting the 
     following:
       ``(A) to enhance the economic and energy security of the 
     United States through the development of energy technologies 
     that--
       ``(i) reduce imports of energy from foreign sources;
       ``(ii) reduce energy-related emissions, including 
     greenhouse gases;
       ``(iii) improve the energy efficiency of all economic 
     sectors;
       ``(iv) provide transformative solutions to improve the 
     management, clean-up, and disposal of--

       ``(I) low-level radioactive waste;
       ``(II) spent nuclear fuel; and
       ``(III) high-level radioactive waste;

       ``(v) improve efficiency and reduce the environmental 
     impact of all forms of energy production;
       ``(vi) improve the resiliency, reliability, and security of 
     the electric grid; and
       ``(vii) address other challenges within the mission of the 
     Department as determined by the Secretary; and''; and
       (2) in paragraph (2) by striking ``energy technology 
     projects'' and inserting ``advanced technology projects''.
       (c) Responsibilities.--Section 5012(e)(3)(A) of such Act 
     (42 U.S.C. 16538(e)(3)(A)) is amended by striking ``energy''.
       (d) Strategic Vision Roadmap.--Section 5012(h)(2) of such 
     Act (42 U.S.C. 16538(h)(2)) is amended to read as follows:
       ``(2) Strategic vision roadmap.--In the report required 
     under paragraph (1), the Director shall include 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 2 fiscal years.''.
       (e) Coordination and Nonduplication.--Section 5012(i)(1) of 
     such Act (42 U.S.C. 16538(i)(1)) is amended to read as 
     follows:
       ``(1) In general.--To the maximum extent practicable, the 
     Director shall ensure that--
       ``(A) 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; 
     and
       ``(B) ARPA-E does not provide funding for a project unless 
     the prospective grantee demonstrates sufficient attempts to 
     secure private financing or indicates that the project is not 
     independently commercially viable.''.
       (f) Evaluation.--Section 5012(l) of such Act (42 U.S.C. 
     16538(l)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the ARPA-E Act of 2018, the Secretary is 
     authorized 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.''; and
       (2) in paragraph (2)--
       (A) by striking ``shall'' and inserting ``is authorized 
     to''; and
       (B) by striking ``the recommendation of the National 
     Academy of Sciences'' and inserting ``a recommendation''.
       (g) Protection of Proprietary Information.--Section 5012 of 
     such Act (42 U.S.C. 16538) is amended--
       (1) by redesignating subsection (n) as subsection (o); and
       (2) by inserting after subsection (m) the following new 
     subsection:
       ``(n) Protection of Proprietary Information.--
       ``(1) In general.--The following categories of information 
     collected by ARPA-E from recipients of awards under this 
     section shall be considered privileged and confidential and 
     not subject to disclosure pursuant to section 552 of title 5, 
     United States Code:
       ``(A) Plans for commercialization of technologies developed 
     under the award, including business plans, technology-to-
     market plans, market studies, and cost and performance 
     models.
       ``(B) Investments provided to an awardee from third parties 
     (such as venture capital firms, hedge funds, and private 
     equity firms), including amounts and the percentage of 
     ownership of the awardee provided in return for the 
     investments.
       ``(C) Additional financial support that the awardee--
       ``(i) plans to invest, or has invested, into the technology 
     developed under the award; or
       ``(ii) is seeking from third parties.
       ``(D) Revenue from the licensing or sale of new products or 
     services resulting from research conducted under the award.
       ``(2) Effect of subsection.--Nothing in this subsection 
     shall be construed to affect--
       ``(A) the authority of the Secretary to use information 
     without publicly disclosing such information; or
       ``(B) the responsibility of the Secretary to transmit 
     information to Congress as required by law.''.
       (h) Funding.--Section 5012(o)(4) of such Act (42 U.S.C. 
     16538(o)(4)), as redesignated by subsection (g)(1), is 
     amended by striking ``during the 5-year period beginning on 
     the date of enactment of this Act''.
       (i) Technical Amendments.--
       (1) Section 5012(g)(3)(A)(iii) of such Act (42 U.S.C. 
     16538(g)(3)(A)(iii)) is amended by striking ``subpart'' each 
     place it appears and inserting ``subparagraph''.
       (2) Section 5012(o)(2) of such Act (42 U.S.C. 16538(o)(2)), 
     as redesignated by subsection (g)(1), is amended by striking 
     ``paragraphs (4) and (5)'' and inserting ``paragraph (4)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oklahoma (Mr. Lucas) and the gentleman from Texas (Mr. Veasey) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oklahoma.


                             General Leave

  Mr. LUCAS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous material on H.R. 5906, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oklahoma?
  There was no objection.
  Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5906, the ARPA-E Act of 2018. 
This legislation requires the Department to refocus ARPA-E towards 
developing transformative science and technology solutions to address 
energy, environment, economic, and national security issues.
  ARPA-E was created to ensure that the U.S. energy sector maintained a 
competitiveness in developing emerging energy technologies. The program 
was established to help develop high-potential, high-impact energy 
technologies that were too early stage to attract private sector 
investment.
  ARPA-E was designed to bring this finite R&D funding for a limited 
time, with the intention to make quick, notable impact on the 
development of new energy technologies.
  In order to accomplish this goal, ARPA-E was given a unique 
management structure, with flexibility to start and stop research 
projects that are no longer achieving individual goals, expedited 
hiring and firing authority to make sure that ARPA-E staff could 
adequately select and support projects, and the tools to identify 
market challenges that could affect the advancement in project 
technologies.
  However, we have all heard of the concerns with ARPA-E. The first is 
the worry that this is just one more of the same from DOE. With the 
Energy Efficiency and Renewable Energy program office funded at over 
$2.3 billion, it is easy to see why some would ask if we need another 
clean energy program.
  Second, we have all heard of concerns over the years that ARPA-E 
wasn't meeting its intended goal--to fund the kind of technologies that 
are so innovative they would never attract private sector investment--
but was instead provided funding to big companies with

[[Page H5780]]

access to market capital, or funding research that was already under 
way in other Federal agencies or in the private sector.
  The Science, Space and Technology Committee on which I serve as vice 
chairman particularly explored these concerns under the Obama 
administration. I believe there were valid concerns that must be 
addressed for the program to continue.
  ARPA-E is a program that can have tremendous impact on the 
development of new energy technologies, but we can't have another 
agency playing favorites or handing out grants that distort our energy 
markets.
  The bill we will consider today will address these concerns and 
enable ARPA-E to apply its innovative approach to a more appropriate 
set of technology challenges within the DOE mission, as the Trump 
administration sees it.
  It does not--I repeat, this bill does not--authorize new spending or 
expand the size of the program. H.R. 5906 will refocus the mission of 
ARPA-E to mirror the full DOE mission and empower the Agency to promote 
science and technology-driven solutions.
  My bill will allow the Agency to solve big challenges, like nuclear 
waste management and cleanup and improving the reliability, resiliency, 
and security of the electric grid.
  The ARPA-E Act also provides important steps to prevent the 
duplication of research across DEO and to require applicants to 
indicate they have attempted to find private sector financing for a 
particular technology.
  This is a good-government reform that is vital to ensuring that ARPA-
E can't be abused for crony capitalism purposes in the future. We can't 
afford to spend limited taxpayer dollars competing with the private 
sector.
  H.R. 5906 will align ARPA-E's innovative approach with the right 
mission goals and management. It will build on the basic science and 
early-stage research of the Department and help fast-track new 
technologies that will grow our economy.
  I want to thank Chairman Lamar Smith and Ranking Member Johnson for 
cosponsoring this important legislation and for their leadership in 
advocating the reformed Agency functions within the Department of 
Energy's missions and goals. I am grateful for the opportunity to work 
alongside the other members of the committee to craft a bipartisan bill 
that will improve--yes, improve--a DOE research program but that still 
allows Congress the opportunity to reduce funding for the program as 
appropriate.
  Mr. Speaker, I encourage my colleagues to support the bill, and I 
reserve the balance of my time.
  Mr. VEASEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5906, the ARPA-E Act of 
2018.
  After years of successes and several independent assessments praising 
ARPA-E's work, this bill is a welcomed development. It preserves the 
mission and flexibility of the Agency while enabling it to consider 
funding projects or technologies that can address DOE's monumental and 
longstanding challenge of environmental cleanup at the legacy sites of 
the Manhattan Project.
  It also includes language from a bipartisan ARPA-E Reauthorization 
Act that our committee's ranking member, Ms. Johnson, introduced last 
year, which would ensure that sensitive business information collected 
by the Agency remains protected. This will enable even greater private 
sector engagement in its programs.
  The ARPA-E projects have attracted more than $2.6 billion in private 
sector follow-on funding. Mr. Speaker, 71 projects have formed new 
companies, and 109 have gone on to partner with other government 
agencies to further their research.

  Mr. Speaker, I want to thank Congressman Lucas and Chairman Smith for 
embracing ARPA-E's innovative model and joining our Members in 
supporting its reauthorization. I support this bill and encourage my 
colleagues to do the same.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LUCAS. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Smith), the chairman of the Committee on Science, Space, and 
Technology.
  Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman from Oklahoma, 
the vice chairman of the Committee on Science, Space, and Technology 
(Mr. Lucas), for yielding me time on his bill.
  The energy bill we are considering is H.R. 5906, the ARPA-E Act of 
2018. It establishes clear DOE policy in a new direction and new 
requirements for the Advanced Research Projects Agency-Energy, called 
ARPA-E, program.
  This legislation updates the mission of ARPA-E to focus on developing 
technological solutions to energy, economic, environmental, and 
national security challenges. This includes allowing ARPA-E to develop 
technologies to address the management, cleanup, and disposal of 
nuclear waste and to enhance the security and resilience of the 
electric grid.
  H.R. 5906 also maximizes the Department's resources. It requires 
ARPA-E to coordinate with other DOE programs, avoid duplication, and 
ensures that ARPA-E grants go to innovative technologies that would not 
otherwise be funded by the private sector.
  The bill reforms ARPA-E but does not authorize any funding for ARPA-
E. Instead, H.R. 5906 provides much-needed reform to the ARPA-E 
program. It also leaves the door open for Congress to readdress ARPA-E 
funding in the future and determine if the Agency is meeting its 
intended purpose.
  Unfortunately, there have been some mischaracterizations of this 
legislation, so let the Record be clear: Supporting H.R. 5906 will not 
prevent Congress from cutting--as we did in the House-passed Energy and 
Water Appropriations bill earlier this month--or even eliminating 
funding to ARPA-E in the future. Instead, it allows us to enact reforms 
today that refocus ARPA-E on technology within the DOE mission.
  In addition, one organization that opposes this legislation 
apparently didn't read the bill and confused it with another bill that 
reauthorizes ARPA-E.
  Mr. Speaker, thanks go to Vice Chairman Lucas and Ranking Member 
Johnson for their work on this reform bill and for their support of 
advanced research around the country.
  Mr. Speaker, I just want to mention one more thing, and it might be 
of interest to all Members, even those who are not on the Science, 
Space, and Technology Committee. After this bill passes, of the 27 
bills that the Science, Space, and Technology Committee has brought to 
the House floor, 24 of the 27 have, in fact, been bipartisan pieces of 
legislation.
  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. VEASEY. Mr. Speaker, I yield back the balance of my time
  Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, reforming the mission and the goals of ARPA-E will 
transform the Agency to do what the DOE does best: develop innovative 
technology solutions to complex science, energy, and national security 
challenges.
  I again want to thank my nine colleagues on the Science, Space, and 
Technology Committee who cosponsored H.R. 5906, including Chairman 
Smith and Ranking Member Johnson. I want to thank the new leadership 
staff at ARPA-E and the Department of Energy, who provided technical 
comments and policy recommendations as we developed this legislation.
  I urge the adoption of this bipartisan, good-government legislation, 
and I yield back the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I am very 
pleased to support H.R. 5906, the ARPA-E Act of 2018.
  Even though the agency is still relatively young, ARPA-E has already 
demonstrated incredible success in advancing high-risk, high-reward 
energy technology solutions that neither the public nor the private 
sector had been willing or able to support in the past. This was 
highlighted in a Congressionally mandated National Academies review of 
the agency released last year. Industry leaders like Norm Augustine and 
Bill Gates have repeatedly called for tripling this agency's budget 
given the unique role that it is now playing in our energy innovation 
pipeline.
  ARPA-E's impressive track record includes over $2.6 billion in 
private sector follow-on funding for a group of 136 ARPA-E projects 
since the agency's founding in 2009. Equally notable, 71 projects have 
formed new companies and 109 projects have shown enough promise to 
result in partnerships with other government agencies for further 
development.

[[Page H5781]]

And I'd be remiss if I didn't refer my colleagues to DOE Secretary 
Perry's address to the ARPA-E Energy Innovation Summit in March, where 
he said, and I quote, ``ARPA-E is one of the reasons DOE has had and is 
having such a profound impact on American lives.'' I couldn't have said 
this better myself.
  The ARPA-E Act of 2018 maintains the structure and nimbleness of this 
critical agency while also enabling it to help tackle one of the 
Department of Energy's most expensive, intransigent problems, which is 
managing and remediating the legacy waste sites from our nation's past 
production of nuclear weapons. The bill also includes language from the 
bipartisan ARPA-E Reauthorization Act that I introduced last year which 
would ensure that sensitive business information collected by the 
agency remains protected. This will enable even greater private sector 
engagement in future ARPA-E projects and programs.
  I would like to thank Mr. Lucas and Chairman Smith for working with 
me to introduce this bill, and I hope that all Members will support 
this critical investment in our nation's clean energy future.
  The SPEAKER pro tempore (Mr. Weber of Texas). The question is on the 
motion offered by the gentleman from Oklahoma (Mr. Lucas) that the 
House suspend the rules and pass the bill, H.R. 5906, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________