[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.
____________________