[House Report 116-432]
[From the U.S. Government Publishing Office]


116th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 116-432

======================================================================



 
                 ARPA-E REAUTHORIZATION ACT OF 2019

                                _______
                                

 June 18, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 4091]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4091) to amend the America COMPETES 
Act to reauthorize the ARPA-E program, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................3
 III. Background and Need for the Legislation.........................3
  IV. Committee Hearings..............................................5
   V. Committee Consideration and Votes...............................6
  VI. Summary of Major Provisions of the Bill.........................6
 VII. Section-By-Section Analysis (By Title and Section)..............6
VIII. Committee Views.................................................7
  IX. Cost Estimate...................................................8
   X. Congressional Budget Office Cost Estimate.......................8
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)............9
 XII. Committee Oversight Findings and Recommendations................9
XIII. Statement on General Performance Goals and Objectives...........9
 XIV. Federal Advisory Committee Statement............................9
  XV. Duplication of Federal Programs.................................9
 XVI. Earmark Identification.........................................10
XVII. Applicability to the Legislative Branch........................10
XVIII.Statement on Preemption of State, Local, or Tribal Law.........10

 XIX. Changes in Existing Law Made by the Bill, As Reported..........10
  XX. Proceedings of Subcommittee Markup.............................17
 XXI. Proceedings of Full Committee Markup...........................25

                              I. Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``ARPA-E Reauthorization Act of 2019''.

SEC. 2. ARPA-E AMENDMENTS.

  (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 the energy and environmental 
missions of the Department''.
  (b) Goals.--Section 5012(c) of the America COMPETES 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 radioactive waste and spent nuclear fuel; 
                        and
                          ``(v) improve the resilience, reliability, 
                        and security of infrastructure to produce, 
                        deliver, and store energy; and''; and
          (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``energy technology projects'' and inserting 
        ``advanced technology projects''.
  (c) Responsibilities.--Section 5012(e)(3)(A) of the America COMPETES 
Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking ``energy''.
  (d) Reports and Roadmaps.--Section 5012(h) of the America COMPETES 
Act (42 U.S.C. 16538(h)) is amended to read as follows:
  ``(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 that--
                  ``(A) describes projects supported by ARPA-E during 
                the previous fiscal year;
                  ``(B) describes projects supported by ARPA-E during 
                the previous fiscal year that examine topics and 
                technologies closely related to other activities funded 
                by the Department, and includes an analysis of whether 
                in supporting such projects, the Director is in 
                compliance with subsection (i)(1)(A); and
                  ``(C) describes current, proposed, and planned 
                projects to be carried out pursuant to subsection 
                (e)(3)(D).
          ``(2) Strategic vision roadmap.--Not later than October 1, 
        2021, and every four years thereafter, 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 4 fiscal 
        years.''.
  (e) Coordination and Nonduplication.--Section 5012(i)(1) of the 
America COMPETES 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 the America COMPETES 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 Reauthorization Act of 2019, 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) in the matter preceding subparagraph (A), by 
                striking ``shall'' and inserting ``may''; and
                  (B) in subparagraph (A), by striking ``the 
                recommendation of the National Academy of Sciences'' 
                and inserting ``a recommendation''.
  (g) Authorization of Appropriations.--Paragraph (2) of section 
5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to 
read as follows:
          ``(2) Authorization of appropriations.--Subject to paragraph 
        (4), there are authorized to be appropriated to the Director 
        for deposit in the Fund, without fiscal year limitation--
                  ``(A) $428,000,000 for fiscal year 2020;
                  ``(B) $497,000,000 for fiscal year 2021;
                  ``(C) $567,000,000 for fiscal year 2022;
                  ``(D) $651,000,000 for fiscal year 2023; and
                  ``(E) $750,000,000 for fiscal year 2024.''.
  (h) Technical Amendments.--Section 5012 of the America COMPETES Act 
(42 U.S.C. 16538) is amended--
          (1) in subsection (g)(3)(A)(iii), by striking ``subpart'' 
        each place it appears and inserting ``subparagraph''; and
          (2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and 
        inserting ``(c)(2)(C)''.

                        II. Purpose of the Bill

    The purpose of H.R. 4091, the ARPA-E Reauthorization Act of 
2019 is to provide the Department of Energy (DOE) with 
effective guidance, capabilities, and resources to support and 
expand the mission of the Advanced Research Program Agency-
Energy (ARPA-E), which is to overcome long-term and high-risk 
technology barriers in the development of energy and energy-
relevant technologies. H.R. 4091 is sponsored by Chairwoman 
Johnson and cosponsored by Ranking Member Lucas, Energy 
Subcommittee Chairwoman Fletcher, Mr. Graves, Ms. Castor, Mr. 
Baird, Mr. Beyer, Mr. Mast, Mr. Tonko, Mr. Riggleman, Mr. 
Foster, Mr. Fortenberry, Mr. Swalwell, Mr. Katko, Ms. Watson 
Coleman, Mr. Crenshaw, Ms. Jackson Lee, Mr. Bacon, Mr. 
Lipinski, Mr. Marshall, Mr. Deutch, Mr. Fitzpatrick, Mr. 
Connolly, Mr. Hurd, Mr. Cohen, Ms. Stefanik, Mr. Schiff, Mr. 
Gonzalez, Mr. Casten, Ms. Gonzalez-Colon, Mr. McNerney, Mr. 
Rooney, Mr. Rouda, Mr. Waltz, Mr. Lamb, Ms. Herrera-Beutler, 
Ms. Bonamici, Mr. Balderson, Ms. Luria, Mr. Woodall, Mr. Case, 
Mr. Fleischmann, Ms. Stevens, Ms. Brooks, Ms. Horn, Mr. 
Gallagher, Mr. Perlmutter, Mr. Pappas, Ms. Slotkin, Ms. 
Brownley, Mr. Lynch, Mr. Crow, Mr. Allred, Ms. Sherrill, Mr. 
Neguse, Mr. Schneider, Mr. Lujan, Mr. Huffman, Mr. Peters, Mr. 
Himes, Mr. Welch, Mr. Moulton, Ms. Houlahan, Ms. Axne, Mr. 
Keating, Ms. Wild, Ms. Eshoo, Ms. Porter, Ms. Spanberger, Mr. 
Doyle, Mr. Scott (VA), and Mr. Desaulnier.

              III. Background and Need for the Legislation

    In 2005, Congress requested a report from the National 
Academies to identify what federal actions could ``enhance the 
science and technology enterprise so that the United States can 
successfully compete, prosper, and be secure in the global 
community of the 21st century''.\1\ The subsequent report, 
Rising Above the Gathering Storm, made a series of 
recommendations to enhance the Nation's technological 
competitiveness, including the creation of a new energy agency 
within DOE modeled after the Defense Advanced Research Program 
Agency (DARPA) within the Department of Defense.\2\ In 2007, 
the U.S. Congress authorized such a program, now known as ARPA-
E, as a part of the America COMPETES Act. In accordance with 
its statute, ARPA-E's objectives are:
---------------------------------------------------------------------------
    \1\National Academies of Sciences, Engineering, and Medicine 2007. 
Rising Above the Gathering Storm: Energizing and Employing America for 
a Brighter Economic Future. Washington, DC: The National Academies 
Press. https://doi.org/10.17226/11463.
    \2\``ARPA-E History.'' Department of Energy. Accessed 7 Feb 2019. 
https://arpa-e.energy.gov/?q=arpa-e-site-page/arpa-e-history.
---------------------------------------------------------------------------
    ``(A) to enhance the economic and energy security of the 
United States through the development of energy technologies 
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''.\3\
---------------------------------------------------------------------------
    \3\America COMPETES Act. Pub. L. 110-69. 121 Stat. 621. 9 Aug 2007.
---------------------------------------------------------------------------
    While ARPA-E was authorized in 2007, it did not receive 
funding until the passage of the American Recovery and 
Reinvestment Act of 2009, which included $400 million to build 
and support the agency over a two-year period.\4\
---------------------------------------------------------------------------
    \4\``ARPA-E History.'' Department of Energy. Accessed 7 Feb 2019. 
https://arpa-e.energy.gov/?q=arpa-e-site-page/arpa-e-history.
---------------------------------------------------------------------------
    Since 2009, 82 projects supported by ARPA-E have led to the 
formation of new companies, 219 have partnered with non-DOE 
government agencies, and 161 have attracted over $3.2 billion 
in private sector follow-on funding. ARPA-E projects have also 
produced 385 U.S. patents and 3,658 peer reviewed journal 
articles.\5\
---------------------------------------------------------------------------
    \5\``ARPA-E Impact.'' Department of Energy. Accessed 14 Feb 2019. 
https://arpa-e.energy.gov/?q=site-page/arpa-e-impact.
---------------------------------------------------------------------------
    Included in ARPA-E's initial authorization was a 
requirement that it receive an independent evaluation from the 
National Academies of Science after its first four years.\6\ 
The National Academies of Science conducted this review 
beginning in 2015 and published its results in An Assessment of 
ARPA-E, in 2017. In summary, the report concluded that ARPA-E 
was making significant, unique contributions to the U.S.'s 
energy research and development enterprise.\7\ This review also 
found that a substantial increase in funding would be necessary 
for ARPA-E to be able to sufficiently support the scale-up of 
particularly promising technologies, such as advanced 
technologies for energy storage and power electronics, that 
were previously supported by the agency but (1) are still too 
risky to be supported by the private sector alone; and (2) 
other DOE programs are ill-suited to steward.
---------------------------------------------------------------------------
    \6\America COMPETES Act. Pub. L. 110-69. 121 Stat. 624. 9 Aug 2007.
    \7\National Academies of Sciences, Engineering, and Medicine 2017. 
An Assessment of ARPA-E. Washington, DC: The National Academies Press. 
https://doi.org/10.17226/24778.
---------------------------------------------------------------------------
    Substantial growth in funding for ARPA-E is consistent with 
the original recommendations of the National Academies for 
establishing and supporting ARPA-E in its Rising Above the 
Gathering Storm report,\8\ as well as more recent 
recommendations from the Bipartisan Policy Center's American 
Energy Innovation Council (AEIC),\9\ the Information Technology 
and Innovation Foundation (ITIF),\10\ and the Energy Futures 
Initiative.\11\
---------------------------------------------------------------------------
    \8\National Academies of Sciences, Engineering, and Medicine 2007. 
Rising Above the Gathering Storm: Energizing and Employing America for 
a Brighter Economic Future. Washington, DC: The National Academies 
Press. https://doi.org/10.17226/11463.
    \9\``Energy Innovation: Fueling American's Economic Engine.'' 
American Energy Innovation Council. Published Nov 2018. http://
americanenergyinnovation.org/wp-content/uploads/2018/11/Energy-
Innovation-Fueling-Americas-Economic-Engine.pdf.
    \10\Hart, David. Kearney, Michael. ``ARPA-E: Versatile Catalyst for 
U.S. Energy Innovation.'' Information Technology & Innovation 
Foundation. Published Nov 2017. http://www2.itif.org/2017-arpae-energy-
innovation.pdf.
    \11\Moniz, Ernest. Yergin, Daniel. ``Advancing the Landscape of 
Clean Energy Innovation.'' Breakthrough Energy. Published Feburary 
2019. https://energyfuturesinitiative.org/news/2019/2/6/clean-energy-
innovation-report.
---------------------------------------------------------------------------
    Further, according to data provided by the agency, ARPA-E 
has only been able to support 1% of the proposals submitted for 
its Open Funding Opportunity Announcements, and has only been 
able to support 12% of the proposals submitted for its Focused 
Funding Opportunity Announcements.
    Taking into account the above issues and recommendations 
regarding funding levels for ARPA-E, H.R. 4091 would authorize 
substantial growth in federal support for the agency through FY 
2024. It would also require the Department to prevent 
unnecessary duplication between ARPA-E's initiatives and other 
research across DOE programs. And the bill codifies a rigorous 
approval process that ensures that each applicant has either 
first sought private investment before applying for ARPA-E 
grants or determined that their proposed project is not 
independently commercially viable.
    Other provisions in this bill include explicit 
authorization for ARPA-E to provide assistance in addressing 
DOE's significant nuclear waste clean-up and management issues, 
consistent with the recommendations of a National Academies 
report\12\ released earlier this year. And it includes 
authorization for ARPA-E to support projects to improve the 
resilience, reliability, and security of the U.S.'s energy 
infrastructure.
---------------------------------------------------------------------------
    \12\National Academies of Sciences, Engineering, and Medicine 2019. 
``Independent Assessment of Science and Technology for the Department 
of Energy's Defense Environmental Cleanup Program.'' Washington, DC: 
The National Academies Press. https://doi.org/10.17226/25338.
---------------------------------------------------------------------------
    Authorizing language from the America COMPETES 
Reauthorization Act of 2010 (P.L. 111-58), including expired 
funding authorization levels through 2013, provides the most 
recent comprehensive legislative direction for ARPA-E, with an 
additional specific provision protecting sensitive private 
business information from disclosure provided in the Department 
of Energy Research and Innovation Act (P.L. 115-246) in 2018. 
H.R. 4091 would build upon this prior authorization, taking 
into consideration the program's record thus far as well as 
recent recommendations from independent reviews and 
stakeholders.

                         IV. Committee Hearings

    Pursuant to Section 103(i) of H.Res. 6, the Committee 
designates the following hearings as having been used to 
develop or consider the legislation:
    The Subcommittee on Energy held a legislative hearing on 
February 26, 2019 to assess the role that ARPA-E plays in 
accelerating the development of innovative energy technologies, 
and to examine ways that Congress and the Administration may be 
able to improve ARPA-E's capabilities to spur transformational 
technological advances in pursuit of the agency's energy and 
environmental missions.

                               WITNESSES

    Dr. Arun Majumdar, Jay Precourt Provostial Chair Professor 
at Stanford University. Dr. Majumdar was the founding Director 
of ARPA-E from 2009 to 2012.
    Dr. Ellen D. Williams, Distinguished University Professor 
in the Department of Physics at the University of Maryland. Dr. 
Williams was the Director of ARPA-E from 2014 through the end 
of the Obama Administration.
    Dr. John Wall, Retired Chief Technology Officer for Cummins 
Inc., Member of the Committee on Evaluation for the 2017 
National Academies review of ARPA-E.
    Dr. Saul Griffith, Founder and CEO of Otherlab.
    Mr. Mark P. Mills, Senior Fellow, Manhattan Institute.

                  V. Committee Consideration and Votes

    The Subcommittee on Energy met to consider H.R. 4091 on 
September 11, 2019.
    Mr. Foster offered an amendment to establish a Chief 
Evaluation Officer position at ARPA-E. The amendment was 
withdrawn.
    Mr. Baird offered an amendment to reduce the amounts 
authorized to be appropriated to carry out the Act. The 
amendment was rejected by voice vote.
    H.R. 4091 was forwarded by the Subcommittee to the full 
Committee by voice vote.
    The Full Committee met to consider H.R. 4091 on October 17, 
2019.
    Chairwoman Johnson offered a Manager's amendment to ensure 
that ARPA-E coordinates its activities with other programs at 
DOE to avoid duplicative RD&D projects. The amendment also 
reduces the amounts authorized to be appropriated to carry out 
the Act during fiscal years 2021-2024, lowering the 
authorization to $750,000,000 in 2024. The amendment was agreed 
to by voice vote.
    Mr. Foster offered an amendment to establish a Chief 
Evaluation Officer position at ARPA-E. The amendment was 
withdrawn.
    H.R. 4091 was forwarded by the full Committee to the full 
House (as amended) by voice vote.

              VI. Summary of Major Provisions of the Bill

    H.R. 4091 would authorize substantial growth in federal 
support for ARPA-E through FY 2024 and includes policy 
direction to ensure coordination and nonduplication of ARPA-E 
programs across the Department. It also includes explicit 
authorization for ARPA-E to provide assistance in addressing 
DOE's significant nuclear waste clean-up and management issues, 
and it authorizes the agency to support projects to improve the 
resilience, reliability, and security of the U.S.'s energy 
infrastructure.

        VII. Section-by-Section Analysis (By Title and Section)


Section 1. Short title

    ARPA-E Reauthorization Act of 2019.

Section 2. ARPA-E amendments

    Amends the America COMPETES Act (42 U.S.C. 16538(b)) to 
authorize ARPA-E to support projects addressing nuclear waste 
clean-up and management, and to improve the resilience, 
reliability, and security of our energy infrastructure, in 
addition to its existing missions.
    Adds an annual reporting requirement on ARPA-E's scale-up, 
demonstration, and coordination activities.
    Requires the Director of ARPA-E to produce and provide to 
Congress a strategic vision roadmap every four years.
    Ensures that ARPA-E coordinates with other DOE programs to 
avoid unintentional duplication of RD&D activities across 
programs.
    Ensures that ARPA-E does not provide funding for a project 
unless it demonstrates sufficient attempts to secure private 
financing or indicates lack of independent commercial 
viability.
    Authorizes the Secretary to enter into a contract with the 
National Academies to conduct an evaluation of the program no 
later than three years after the date of enactment.
    Authorizes annual funding increases over five years for 
ARPA-E, beginning with $497 million in 2021 and rising to $750 
million in 2024, to carry out the Act.

                         VIII. Committee Views

    While H.R. 4091 authorizes ARPA-E to identify and support 
high-risk, high-reward research activities that have the 
potential to achieve breakthroughs in addressing DOE's 
significant nuclear waste clean-up and management issues, it is 
not the intent of the Committee for these activities to be a 
replacement for a robust, ongoing research program stewarded by 
the Department's Office of Environmental Management to make 
further progress in addressing these issues. If the Director of 
ARPA-E chooses to utilize this new authority, then the 
Committee expects that the Director would initially establish 
one research program on this topic of approximately the average 
scale and duration of ARPA-E's other targeted research 
programs.
    While the Committee recognizes ARPA-E's important role in 
supporting DOE research over a wide range of groundbreaking 
technology areas and acknowledges the value of complementary 
and coordinated research, the Committee would appreciate 
greater clarity regarding the differences between ARPA-E 
supported projects and those in closely related areas supported 
by other DOE programs. The Committee would also like more 
information on the extent or nature of any collaborative 
research efforts such as data or results sharing between ARPA-E 
and DOE's other applied programs. Understanding this data is 
critical to avoiding potential unintended duplication at the 
Department and evaluating the overall performance of the ARPA-E 
portfolio.
    In October 2019, the Committee submitted a request to the 
Government Accountability Office to further explore potential 
crossover between ARPA-E and other programs funded by the DOE, 
and provide potential recommendations to limit unnecessary or 
unintended duplication of ARPA-E funded research programs.

                           IX. Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 5, 2019.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4091, the ARPA-E 
Reauthorization Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aaron 
Krupkin.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

     [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 4091 would reauthorize activities of the Advanced 
Research Projects Agency-Energy (ARPA-E), an agency tasked with 
researching and developing transformative energy technologies, 
through fiscal year 2024. The bill also would amend ARPA-E's 
requirements for submitting annual reports and strategic vision 
roadmaps to the Congress.
    H.R. 4091 would authorize appropriations totaling $2.9 
billion over the 2020-2024 period. In 2019, the Congress 
appropriated $366 million for ARPA-E. Because CBO scores 
continuing resolutions on an annualized basis, in 2020 CBO 
assumes that the same amount of funds will be available under 
the current continuing resolution (Public Law 116-59). As a 
result, CBO estimates that H.R. 4091 would authorize an 
increase in spending subject to appropriation in 2020 of $62 
million, the difference between the authorized amount and the 
annualized amount under the continuing resolution. Based on 
historical spending patterns, and assuming appropriation of the 
authorized and necessary amounts, CBO estimates that 
implementing H.R. 4091 would cost $690 million over the 2020-
2024 period and $1.8 billion after 2024.
    The costs of the legislation (detailed in Table 1) would 
fall within budget function 270 (energy).

                                    TABLE 1--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4091
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2020   2021   2022   2023   2024   2025   2026   2027   2028   2029  2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorizationa..............................................     62    497    567    651    750      0      0      0      0      0     2,527      2,527
Estimated Outlays...........................................      2     21     79    197    391    536    550    463    230     41       690      2,510
--------------------------------------------------------------------------------------------------------------------------------------------------------
a. H.R. 4091 would authorize the appropriation of $428 million in 2020 for ARPA-E activities. However, CBO estimates that $366 million has been
  allocated on an annualized basis from funds made available under the continuing resolution (Public Law 116-59), which provided appropriations through
  November 21, 2019. Thus, the estimated authorization for 2020 ($62 million) is equal to the specified amount ($428 million) minus the annualized
  amount from the continuing resolution ($366 million).

    The CBO staff contact for this estimate is Aaron Krupkin. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                     XI. Federal Mandates Statement

    H.R. 4091 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    The goal of H.R. 4091 is to support and expand the mission 
of the Advanced Research Program Agency-Energy (ARPA-E)--
overcoming long-term and high-risk technology barriers in the 
development of energy and energy-relevant technologies.

               XIV. Federal Advisory Committee Statement

    H.R. 4091 does not create any advisory committees.

                  XV. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 4091 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. Earmark Identification

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4091 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. Applicability to the Legislative Branch

    The Committee finds that H.R. 4091 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                          AMERICA COMPETES ACT



           *       *       *       *       *       *       *
TITLE V--DEPARTMENT OF ENERGY

           *       *       *       *       *       *       *


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 
        Transformation Acceleration Fund established under 
        subsection (o)(1).
  (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] development of 
transformative science and technology solutions to address the 
energy and environmental missions of the Department.
  (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 technologies 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]
                  (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 radioactive waste and 
                        spent nuclear fuel; and
                          (v) improve the resilience, 
                        reliability, and security of 
                        infrastructure to produce, deliver, and 
                        store energy; 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] advanced technology projects by--
                  (A) identifying and promoting revolutionary 
                advances in fundamental and applied 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 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 entities, which 
        may include federally-funded research and development 
        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 
                technologies, and related testing and 
                evaluation;
                  (C) research and development of advanced 
                manufacturing process and technologies for the 
                domestic manufacturing of novel energy 
                technologies; and
                  (D) coordination with nongovernmental 
                entities for demonstration of technologies and 
                research applications to facilitate technology 
                transfer;
          (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;
                  (B) adopting measures to ensure that, in 
                making awards, program managers adhere to the 
                purposes of subsection (c)(2)(C); and
                  (C) providing as part of the annual report 
                required by subsection (h)(1) a summary of the 
                instances of and reasons for ARPA-E funding 
                projects in technology areas already being 
                undertaken by industry.
  (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;
                          (iii) building research 
                        collaborations for carrying out the 
                        program;
                          (iv) selecting on the basis of merit 
                        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, including the 
                                feasibility of partnering with 
                                1 or more commercial entities; 
                                and
                                  (IV) such other criteria as 
                                are established by the 
                                Director;
                          (v) identifying innovative cost-
                        sharing arrangements for ARPA-E 
                        projects, including through use of the 
                        authority provided under section 
                        988(b)(3) of the Energy Policy Act of 
                        2005 (42 U.S.C. 16352(b)(3));
                          (vi) monitoring the progress of 
                        projects supported under the program;
                          (vii) identifying mechanisms for 
                        commercial application of successful 
                        energy technology development projects, 
                        including through establishment of 
                        partnerships between awardees and 
                        commercial entities; and
                          (viii) recommending program 
                        restructure or termination of research 
                        partnerships or whole projects.
                  (C) Term.--The term of a program manager 
                shall be not more than 3 years and may be 
                renewed.
          (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
                          (iii) pay any employee appointed 
                        under this [subpart] subparagraph 
                        payments in addition to basic pay, 
                        except that the total amount of 
                        additional payments paid to an employee 
                        under this [subpart] subparagraph for 
                        any 12-month period shall not exceed 
                        the least of the following amounts:
                                  (I) $25,000.
                                  (II) The amount equal to 25 
                                percent of the annual rate of 
                                basic pay of the employee.
                                  (III) The amount of the 
                                limitation that is applicable 
                                for a calendar year under 
                                section 5307(a)(1) of title 5, 
                                United States Code.
                  (B) Number.--The Director shall appoint 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 administrative, financial, 
                and clerical staff as necessary to carry out 
                this section.
  [(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.]
  (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 that--
                  (A) describes projects supported by ARPA-E 
                during the previous fiscal year;
                  (B) describes projects supported by ARPA-E 
                during the previous fiscal year that examine 
                topics and technologies closely related to 
                other activities funded by the Department, and 
                includes an analysis of whether in supporting 
                such projects, the Director is in compliance 
                with subsection (i)(1)(A); and
                  (C) describes current, proposed, and planned 
                projects to be carried out pursuant to 
                subsection (e)(3)(D).
          (2) Strategic vision roadmap.--Not later than October 
        1, 2021, and every four years thereafter, 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 4 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.]
          (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.
          (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).
  (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.--
          (1) Advisory committees.--The Director may seek 
        advice on any aspect of ARPA-E from--
                  (A) an existing Department of Energy advisory 
                committee; and
                  (B) a new advisory committee organized to 
                support the programs of ARPA-E and to provide 
                advice and assistance on--
                          (i) specific program tasks; or
                          (ii) overall direction of ARPA-E.
          (2) Additional sources of advice.--In carrying out 
        this section, the Director may seek advice and review 
        from--
                  (A) the President's Committee of Advisors on 
                Science and Technology; and
                  (B) any professional or scientific 
                organization with expertise in specific 
                processes or technologies under development by 
                ARPA-E.
  (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.]
          (1) In general.--Not later than 3 years after the 
        date of enactment of the ARPA-E Reauthorization Act of 
        2019, 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.
          (2) Inclusions.--The evaluation [shall] may include--
                  (A) [the recommendation of the National 
                Academy of Sciences] a recommendation on 
                whether ARPA-E should be continued or 
                terminated; and
                  (B) a description of lessons learned from 
                operation of ARPA-E, and the manner in which 
                those lessons may apply to the operation of 
                other programs of the Department.
          (3) Availability.--On completion of the evaluation, 
        the evaluation shall be made available to Congress and 
        the public.
  (m) Existing Authorities.--The authorities granted by this 
section are--
          (1) in addition to existing authorities granted to 
        the Secretary; and
          (2) are not intended to supersede or modify any 
        existing authorities.
  (n) Protection of Information.--The following types of 
information collected by ARPA-E from recipients of financial 
assistance awards shall be considered commercial and financial 
information obtained from a person and privileged or 
confidential and not subject to disclosure under section 
552(b)(4) of title 5, United States Code:
          (1) Plans for commercialization of technologies 
        developed under the award, including business plans, 
        technology-to-market plans, market studies, and cost 
        and performance models.
          (2) 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.
          (3) Additional financial support that the awardee--
                  (A) plans to or has invested into the 
                technology developed under the award; or
                  (B) is seeking from third parties.
          (4) Revenue from the licensing or sale of new 
        products or services resulting from research conducted 
        under the award.
  (o) 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), there are authorized to be 
        appropriated to the Director for deposit in the Fund, 
        without fiscal year limitation--
                  [(A) $300,000,000 for fiscal year 2008;
                  [(B) such sums as are necessary for each of 
                fiscal years 2009 and 2010;
                  [(C) $300,000,000 for fiscal year 2011;
                  [(D) $306,000,000 for fiscal year 2012; and
                  [(E) $312,000,000 for fiscal year 2013.]
          (2) Authorization of appropriations.--Subject to 
        paragraph (4), there are authorized to be appropriated 
        to the Director for deposit in the Fund, without fiscal 
        year limitation--
                  (A) $428,000,000 for fiscal year 2020;
                  (B) $497,000,000 for fiscal year 2021;
                  (C) $567,000,000 for fiscal year 2022;
                  (D) $651,000,000 for fiscal year 2023; and
                  (E) $750,000,000 for fiscal year 2024.
          (3) Separate budget and appropriation.--
                  (A) Budget request.--The budget request for 
                ARPA-E shall be separate from the rest of the 
                budget of the Department.
                  (B) Appropriations.--Appropriations to the 
                Fund shall be separate and distinct from the 
                rest of the budget for the Department.
          (4) Allocation.--Of the amounts appropriated for a 
        fiscal year under paragraph (2)--
                  (A) not more than 50 percent of the amount 
                shall be used to carry out subsection 
                (e)(3)(D);
                  (B) at least 5 percent of the amount shall be 
                used for technology transfer and outreach 
                activities, consistent with the goal described 
                in subsection [(c)(2)(D)] (c)(2)(C) and within 
                the responsibilities of program directors 
                described in subsection (g)(2)(B)(vii); and
                  (C) no funds may be used for construction of 
                new buildings or facilities during the 5-year 
                period beginning on the date of enactment of 
                this Act.

           *       *       *       *       *       *       *


               XX. Proceedings of the Subcommittee Markup


 


                                 ______

2019

                                MARKUPS:
                           H.R. 4901, ARPA-E
                    REAUTHORIZATION ACT OF 2019; AND
                      H.R. 4230, CLEAN INDUSTRIAL
                         TECHNOLOGY ACT OF 2019

=======================================================================

                                 MARKUP

                               BEFORE THE

                         SUBCOMMITTEE ON ENERGY

                                 of the

              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
                        HOUSE OF REPRESENTATIVES

                     ONE HUNDRED SIXTEENTH CONGRESS

                             FIRST SESSION

                               __________

                           SEPTEMBER 11, 2019

                               __________

                          Serial No. CP 116-7

                               __________

 Printed for the use of the Committee on Science, Space, and Technology


       Available via the World Wide Web: http://science.house.gov
              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

             HON. EDDIE BERNICE JOHNSON, Texas, Chairwoman
ZOE LOFGREN, California              FRANK D. LUCAS, Oklahoma,
DANIEL LIPINSKI, Illinois              Ranking Member
SUZANNE BONAMICI, Oregon             MO BROOKS, Alabama
AMI BERA, California,                BILL POSEY, Florida
  Vice Chair                         RANDY WEBER, Texas
CONOR LAMB, Pennsylvania             BRIAN BABIN, Texas
LIZZIE FLETCHER, Texas               ANDY BIGGS, Arizona
HALEY STEVENS, Michigan              ROGER MARSHALL, Kansas
KENDRA HORN, Oklahoma                RALPH NORMAN, South Carolina
MIKIE SHERRILL, New Jersey           MICHAEL CLOUD, Texas
BRAD SHERMAN, California             TROY BALDERSON, Ohio
STEVE COHEN, Tennessee               PETE OLSON, Texas
JERRY McNERNEY, California           ANTHONY GONZALEZ, Ohio
ED PERLMUTTER, Colorado              MICHAEL WALTZ, Florida
PAUL TONKO, New York                 JIM BAIRD, Indiana
BILL FOSTER, Illinois                JAIME HERRERA BEUTLER, Washington
DON BEYER, Virginia                  JENNIFFER GONZALEZ-COLON, Puerto 
CHARLIE CRIST, Florida                   Rico
SEAN CASTEN, Illinois                VACANCY
KATIE HILL, California
BEN McADAMS, Utah
JENNIFER WEXTON, Virginia
                                 ------                                

                         SUBCOMMITTEE ON ENERGY

                HON. CONOR LAMB, Pennsylvania, Chairman
DANIEL LIPINKSI, Illinois            RANDY WEBER, Texas,
LIZZIE FLETCHER, Texas                 Ranking Member
HALEY STEVENS, Michigan              ANDY BIGGS, Arizona
KENDRA HORN, Oklahoma                NEAL DUNN, Florida
JERRY McNERNEY, California           RALPH NORMAN, South Carolina
BILL FOSTER, Illinois                MICHAEL CLOUD, Texas
SEAN CASTEN, Illinois
                         C  O  N  T  E  N  T  S

                           September 11, 2019

                                                                   Page
H.R. 4091--ARPA-E Reauthorization Act of 2019....................    00

H.R. 4230--Clean Industrial Technology Act of 2019...............    00

 
                                MARKUPS:


 
                           H.R. 4091, ARPA-E


 
                    REAUTHORIZATION ACT OF 2019; AND


 
                      H.R. 4230, CLEAN INDUSTRIAL


 
                         TECHNOLOGY ACT OF 2019

                              ----------                              



 
                     WEDNESDAY, SEPTEMBER 11, 2019

                  House Of Representatives,
                            Subcommittee on Energy,
               Committee on Science, Space, and Technology,
                                                   Washington, D.C.
    The Subcommittee met, pursuant to notice, at 10:07 a.m., in 
room 2318, Rayburn House Office Building, Hon. Conor Lamb 
[Chairman of the Subcommittee] presiding.
    Chairman Lamb. Good morning. The Subcommittee will come to 
order. Without objection, the Chair is authorized to declare 
recess at any time. Pursuant to Committee rule 2(e) and House 
rule XI, the Chair announces that he may postpone roll call 
votes.
    Pursuant to notice, the Subcommittee on Energy meets to 
con- sider the following measures: H.R. 4091, the ARPA-E 
Reauthorization Act of 2019, and H.R. 4230, the Clean 
Industrial Technology Act of 2019.
    I'm pleased to consider these two bipartisan bills today. I 
think they are absolutely essential to our Nation's clean 
energy future. They were considered at three hearings earlier 
this Congress where we brought together experts from industry, 
academia, and the De- partment of Energy (DOE). We talked about 
ARPA-E and also R&D (research and development) to reduce 
emissions from the manufacturing sector.
    I'm an original cosponsor of H.R. 4091, the bipartisan 
ARPA-E Reauthorization Act, which Chairwoman Johnson took the 
lead on and we introduced in July. ARPA-E (Advanced Research 
Projects Agency-Energy) was first authorized by this Committee 
back in 2007. I think it has tremendous promise to help us 
solve one of our longest-term challenges, which is the future 
of low-carbon energy production in this country. Congress 
recognized this back then, and we have maintained our 
leadership in this research overall, creating jobs benefiting 
the energy sector and of course the environment, but we think 
there's a lot more we can do.
    Groundbreaking research involves a high level of risk, some 
of which the private sector is able to take, but a lot of it, 
it can't bear alone, so we have our part to play. The first 
appropriation for ARPA-E was $400 million, and it was made 
exactly 10 years ago. In that time, ARPA-E and the people it's 
given grants to have done incredible work, but the budget has 
had stagnant, if any, growth. I don't believe in that. I think 
that when the government is doing something right and doing it 
well, especially in cooperation with other segments of our 
society, that's an occasion to double down, especially on a 
challenge this important.
    So this bill answers the call of the National Academies and 
the leading energy think tanks, who have all called for 
significantly in- creasing ARPA-E's budget to allow them to do 
even more of the great work they're already doing. This will 
ensure that ARPA-E actually has the impact we want it to have, 
not just individual excellent projects but an overall sector-
wide impact that can help us change the future of energy in 
this country.
    Many people have recognized this, and that's why the ARPA-E 
reauthorization bill is now endorsed by those ranging from the 
U.S. Chamber of Commerce to the Natural Resources Defense 
Council (NRDC), the American Gas Association, and the American 
Council for Renewable Energy. You don't always see those groups 
on the same side of an individual piece of legislation, but in 
this case we have all their support, and I thank them for that.
    The second bill we're looking at today is H.R. 4230, the 
Clean Industrial Technology Act, which is introduced by my 
colleague Rep- resentative Casten, and it is also a bipartisan 
bill. We've made a lot of strides in the past couple of decades 
in reducing greenhouse gas emissions from the power sector, but 
we still have a real uphill climb when it comes to 
manufacturing in heavy industry. That's about 25 percent of our 
Nation's emissions, yet only about 6 per- cent of the 
Department of Energy's research budget has been dedi- cated to 
this. And we have no national plan devoted to solving this 
problem.
    So this bill will help address those issues by authorizing 
a cross- agency DOE-led R&D and demonstration program to 
advance these technologies from industrial sources of emissions 
including steel, cement, chemical production, and industrial 
heat. Importantly, this program will operate in collaboration 
with stakeholders from industry and labor groups to make sure 
that people who are essentially the boots on the ground in the 
sectors have a say in the investment we're going to make as a 
Nation.
    DOE has succeeded with large demonstration projects before, 
so after the basic science and the basic research is done 
actually showing it can be done on a large commercial scale. 
We've done that most recently and prominently with the nearly 
$200 million investment in a commercial-scale, post-combustion, 
carbon-capture coal-fired power plant in Thompsons, Texas, 
known as Petra Nova.
    This bill, like the others, has support from a wide array 
of stake-holders and groups, including the National Association 
of Manufacturers, the American Chemistry Council, the United 
Steelworkers, the BlueGreen Alliance, the Union of Concerned 
Scientists, the Clean Air Task Force, again, not players that 
you usually see on the same side of the field, but in this case 
we have them.
    So we think it's essential to ensure that American 
manufacturers can access these new technologies and the 
technologies that are still to come so that they will remain 
competitive throughout the 21st century and the fact that they 
will have a competitive edge in the 21st century because of the 
demand that you're going to have for some of this clean energy.
    My Republican colleagues who have signed on to support 
these important bills have recognized that innovation must play 
a key role in doing our work here. And I just urge my 
colleagues on both sides of the aisle again to consider 
supporting these bills. I look for- ward to advancing them out 
of the Subcommittee today.
    [The prepared statement of Chairman Lamb follows:]

    I am pleased to consider two bipartisan bills today that are 
essential to securing our nation's clean energy future. These bills 
were considered at three hearings earlier this Congress that brought 
together expert witnesses from industry, academia, and the Department 
of Energy to discuss two important topics: the Advanced Research 
Projects Agency-Energy, or ARPA-E, and research and development to 
reduce emissions from the manufacturing sector.
    I am very proud to be an original cosponsor of H.R. 4091, the 
bipartisan ARPA-E Reauthorization Act of 2019, which Chairwoman Johnson 
and I introduced in July. First authorized by this Committee in 2007, 
ARPA-E was designed to address some of the unique challenges of 
advancing new clean energy technologies.
    In its creation of ARPA-E Congress recognized the necessity of 
developing transformational technologies in the energy sector. By 
maintaining our leadership in research, we're creating jobs here in 
America, benefiting the energy sector and mitigating climate change. 
We're making our power safer and more sustainable, and improving our 
economy.
    Groundbreaking research involves a high level of risk. The private 
sector is understandably unable to take on these risks alone and make 
all of the investments we so badly need to transition our energy 
infrastructure into the twenty-first century.
    ARPA-E received its first appropriation of $400 million exactly ten 
years ago, and in that time has made significant strides in supporting 
the development of groundbreaking energy projects. However, to this 
day, the budget of this transformational agency has seen only marginal 
growth. This bill answers the call of the National Academies and 
leading energy think tanks and analysts to significantly increase ARPA-
E's budget to allow the agency to scale up the excellent work that it 
is already doing. The authorizations in this bill will ensure that 
ARPA-E has the resources it needs to make a truly transformational 
impact on our nation's energy sector.
    This bill is now endorsed by those ranging from the U.S. Chamber of 
Commerce to the Natural Resources Defense Council, the American Gas 
Association, and the American Council for Renewable Energy. It's pretty 
rare to receive support from this broad array of groups for the same 
piece of legislation, and I certainly appreciate the range of 
stakeholders who have weighed in on the legislation.
    The second bill we are considering today is H.R. 4230, the 
bipartisan Clean Industrial Technology Act introduced by my colleague 
Rep. Casten. Over the past several decades, we have made significant 
strides to reduce greenhouse gas emissions from the power sector. But 
it is critical we recognize the role that other sectors of the economy 
play in contributing emissions to the atmosphere.
    In particular, the manufacturing sector contributes nearly 25% of 
our nation's emissions, and yet only 6% of the Department of Energy's 
research budget is dedicated to developing technologies to help reduce 
emissions from manufacturing. Furthermore, we currently have no 
national plan devoted to solving this problem.
    H.R. 4230 will help address these important issues by authorizing a 
cross-agency, DOE-led research, development, and demonstration program 
to advance technologies that will help reduce emissions from industrial 
sources of emissions including: steel and cement production, chemical 
production, and industrial heat. The research program will operate in 
collaboration with stakeholders from industry and labor groups to 
ensure that those who will work most closely with these technologies 
have a say in our nation's investment in their development. The 
Department of Energy has succeeded with large demonstration projects, 
like when they provided nearly $200M to demonstrate the addition of a 
commercial-scale post-combustion carbon capture technology to a coal-
fired power plant in Thompsons, Texas, commonly known as Petra Nova.
    This bill has significant support from a wide array of 
stakeholders, such as the National Association of Manufacturers and the 
American Chemistry Council, the Steelworkers and the Blue Green 
Alliance, the Union of Concerned Scientists and the Clean Air Task 
Force.
    Ensuring American manufacturers can access technologies to make 
them increasingly sustainable will ensure the domestic manufacturing 
industry remains competitive through the 21st Century. We need to give 
these companies, firms, factories and workers the assets and resources 
they need to compete and succeed in the international market--and 
sustainability, I believe, is one of the key components in doing so.
    My Republican colleagues who have signed on to support these 
important pieces of legislation have recognized the essential role that 
innovation must play in achieving this goal. I urge my colleagues on 
both sides of the aisle to support these bills and look forward to 
advancing them out of our Subcommittee today.

    Chairman Lamb. And with that I now recognize the Ranking 
Member Mr. Weber for his opening remarks.
    Mr. Weber. Good morning. And thank you, Chairman Lamb, for 
the opportunity to speak on H.R. 4091, the ARPA-E 
Reauthorization Act of 2019 and H.R. 4230, the Clean Industrial 
Technology Act of 2019.
    During my tenure on the Science Committee, we've had an 
incredible track record for passing bipartisan legislation. 
Just last Congress, 32 of the 34 bills from this Committee, an 
outstanding 94 percent, received bipartisan support. In fact, 
this Energy Sub- committee only worked in a bipartisan fashion, 
with all nine en- ergy-related bills passing the House with 
bipartisan support from Science Committee Members.
    Now, we certainly had different opinions on a whole range 
of policy issues, but at the end of the day, when it came to 
legislating, we focused on the areas where we indeed had common 
ground. Unfortunately, that is not the case this Congress, and 
today, we are holding yet another partisan markup in my 
opinion.
    The two bills we will consider today may be characterized 
as bi-partisan because of a single cosponsor, which, by the 
way, is not a Member of this Committee because once again both 
bills propose reckless budget increases without including any 
offsets in spend- ing, something I simply cannot and will not 
support.
    The first, H.R. 4091, the ARPA-E Reauthorization Act of 
2019, would actually increase ARPA-E's authorization by, listen 
to this, 173 percent to $1 billion with a B in Fiscal Year 
2024. This funding level is both unrealistic and unproductive. 
Such a high rate of in- crease would be challenging for any 
program to effectively manage, but ARPA-E is particularly 
unsuited for the task. And with the small staff it has, this 
will be extremely difficult.
    Now, I want to acknowledge that this bill does make 
important policy reforms to DOE's ARPA-E program, building off 
those, I might add, in Ranking Member Lucas' bipartisan ARPA-E 
legislation that passed the House last Congress. While I 
support these re- forms, we don't need to drastically increase 
ARPA-E's funding to implement them.
    It is unfortunate that we are unable to meet in the middle 
and reach a compromise on funding for this program. I'll be the 
first to admit I, and many of my conservative colleagues on 
this Committee, have been skeptical of ARPA-E, and I have voted 
many times to cut spending for the program. But I believe that 
Ranking Member Lucas' most recent ARPA-E bill, which has nearly 
iden- tical policy reforms paired with authorization levels 
that were sup- ported by both Chairwoman Johnson last Congress 
and this Committee, is a responsible compromise approach. I 
encourage the Chairman and the Committee to consider that 
legislation.
    The second bill we will consider today, H.R. 4230, the 
Clean Industrial Technology Act of 2019, seeks to develop 
technologies to reduce emissions in industrial sectors. And 
while I agree that there is a need for collaboration in 
developing new technologies to reduce emissions, I'm concerned 
that we're rushing to move to a major authorization without 
doing our homework.
    For example, I support the establishment of the Federal 
Advisory Committee in section 4 of the bill, but before we 
authorize a new program, shouldn't we first make sure this 
advisory committee has developed an effective research roadmap 
and goals for that program? Don't we want the experts from 
industry, academia, and the agencies to be able to weigh in 
before blindly committing taxpayer dollars?
    This legislation also includes language that delegates 
authority for setting spending levels through the 
appropriators. If we don't know how much a program should cost, 
we have no business authorizing that program. Why don't we take 
the time to hear from stakeholders on what is needed and let's 
do our job?
    We all support basic research. We all want to see the 
United States remain a leader in energy technology. And we can 
and should work together to send bipartisan legislation to the 
House floor.
    So, in closing, I want to emphasize that I support the 
intent be- hind both of these bills, but unfortunately, I 
cannot and will not support a bill where we haven't done our 
due diligence on where we're making promises that we simply 
cannot keep. So let's stop wasting time. Let's get back to work 
on the areas that we can all agree and get our job done. Mr. 
Chairman, I yield back.
    [The prepared statement of Mr. Weber follows:]

    Good morning. Thank you, Chairman Lamb, for the opportunity to 
speak on H.R. 4091, the ARPA-E Reauthorization Act of 2019, and H.R. 
4230, the Clean Industrial Technology Act of 2019.
    During my tenure on the Science Committee, we've had an incredible 
track record for passing bipartisan legislation. Just last Congress, 32 
of the 34 bills from this Committee, an outstanding 94%, received 
bipartisan support. In fact, the Energy Subcommittee only worked in 
bipartisan fashion, with all nine energy related bills passing the 
House with bipartisan support from Science Committee Members.
    Now, we certainly had different opinions on a whole range of policy 
issues. But at the end of the day, when it came to legislating, we 
focused on the areas where we had common ground. Unfortunately, that is 
not the case this Congress--and today we are holding yet another 
partisan markup.
    The two bills we will consider today may be characterized as 
bipartisan because of a single cosponsor, but that support does not 
come from Members of this Com- mittee. Because once again, both bills 
propose reckless budget increases without including any offsets in 
spending--something I simply cannot support.
    The first, H.R. 4091, the ARPA-E Reauthorization Act of 2019, would 
increase ARPA-E's authorization by 173%, to $1 billion in fiscal year 
(FY) 2024.
    This funding level is both unrealistic and unproductive. Such a 
high rate of increase would be challenging for any program to 
effectively manage--but ARPA-E is particularly unsuited for the task, 
and its small staff will make this even more difficult.
    Now I want to acknowledge that this bill does make important policy 
reforms to DOE's ARPA-E program, building off those in Ranking Member 
Lucas's bipartisan ARPA-E legislation that passed the House last 
Congress. While I support these reforms, we don't need to drastically 
increase ARPA-E's funding to implement them.
    It is unfortunate that we are unable to meet in the middle and 
reach a compromise on funding for this program.
    And I'll be the first to admit--I and many of my conservative 
colleagues on this Committee have been skeptical of ARPA-E, and I have 
voted many times to cut spending for this program.
    But I believe that Ranking Member Lucas's most recent ARPA-E bill, 
which has nearly identical policy reforms paired with authorization 
levels that were supported by Chairwoman Johnson last Congress, is a 
responsible compromise approach. I encourage the Chairman and this 
Committee to consider that legislation.
    The second bill we will consider today, H.R. 4230, the Clean 
Industrial Technology Act of 2019, seeks to develop technologies to 
reduce emissions in industrial sectors. While I agree there is a need 
for collaboration in developing new technologies to reduce emissions, 
I'm concerned that we're rushing to move a major authorization without 
doing our homework.
    For example, I support the establishment of the federal advisory 
committee in section four of this bill.
    But before we authorize a new program, shouldn't we first make sure 
this advisory committee has developed an effective research roadmap and 
goals for that pro- gram? Don't we want the experts from industry, 
academia, and the agencies to be able to weigh in before blindly 
committing taxpayer dollars?
    This legislation also includes language that delegates authority 
for setting spending levels to the appropriators.
    If we don't know how much a program should cost, we have no 
business authorizing that program. Let's take the time to hear from 
stakeholders on what is needed, and do our job.
    We all support basic research. We all want to see the United States 
remain a leader in energy technology. And we can and should work 
together to send bipar- tisan legislation to the House floor.
    In closing, I want to emphasize that I support the intent behind 
both of these bills. But unfortunately, I can't support a bill where we 
haven't done our due diligence, or where we are making promises we 
can't keep.
    Let's stop wasting time, and get back to work on the areas where we 
can all agree.

    Chairman Lamb. We will now consider H.R. 4091, the ARPA-E 
Reauthorization Act of 2019. The clerk will report the bill.
    The Clerk. H.R. 4091, a bill.
    [The bill follows:]
    
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Chairman Lamb. Without objection, the bill is considered as 
read and open to amendment at any point.
    I now recognize Chairwoman Johnson to present her remarks 
on the bill.
    Chairwoman JOHNSON. Thank you very much, Mr. Chairman. I'm 
pleased that we are now considering H.R. 4091, the bipartisan 
ARPA-E Reauthorization Act of 2019 led by myself and Chairman 
Lamb.
    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 sector nor the private sector have been willing or able 
to support in the past. Industry leaders like Bill Gates and 
Chad Holliday and Norm Augustine have repeatedly called for 
significantly increasing this agency's budget given the unique 
role it is now playing in our energy innovation pipeline.
    ARPA-E's impressive track record now includes over $2.9 
billion in private-sector follow-on funding for a group of 145 
ARPA-E projects since the agency's founding in 2009. Equally 
notable, 76 projects have formed new companies, 131 projects 
have shown enough promise to result in partnerships with other 
government agencies, and ARPA-E projects have led to 2,489 
peer-reviewed journal articles and 346 U.S. patents.
    Unfortunately, ARPA-E has only been able to support about 1 
percent of the proposals submitted for its open funding 
opportunities, and 12 percent of the proposals submitted for 
its focused programs, even though the number of promising high-
quality proposals that the agency has received is many times 
higher.
    That is why I am proud to sponsor H.R. 4091, the ARPA-E 
Reauthorization Act of 2019, which authorizes substantial 
growth in support for the agency over the next 5 years. This 
growth is consistent with the National Academies' original 
recommendations for establishing and supporting ARPA-E, as well 
as more recent recommendations from well-respected bipartisan 
and nonpartisan institutions such as the Bipartisan Policy 
Center's American Energy Innovation Council, the Energy Futures 
Initiative, and the Information Technology and Innovation 
Foundation.
    I'd also note that in its review of the program released in 
2017, the National Academies found that a significant increase 
in funding would be necessary for ARPA-E to be able to support 
the scale-up of several particularly promising technologies 
that were previously supported by the agency. But many of these 
new approaches are still too risky to be supported by the 
private sector alone, and too often other DOE programs remain 
ill-suited to steward them.
    By authorizing these resources, this bill ensures that 
ARPA-E is able to fully pursue the development and 
demonstration of truly transformational clean energy 
technologies, just as DARPA (Defense Advanced Research Projects 
Agency), the agency on which ARPA-E is modeled, has been able 
to do time and again for defense applications.
    This bill also authorizes ARPA-E to better address DOE's 
significant nuclear waste clean-up and management issues, 
something which the Department currently spends billions of 
dollars every year trying to manage with current technologies. 
And it allows ARPA-E to pursue projects that improve the 
resilience, reliability, and security of our energy 
infrastructure.
    The ARPA-E Reauthorization Act of 2019 incorporates 
extensive feedback from stakeholders, including input from a 
hearing on ARPA-E this Subcommittee held in February, as a 
matter of fact, February 26. It also incorporates constructive 
language from a bill that I cosponsored with my friend, Ranking 
Member Lucas, last year.
    Just to name a few of the bill's many supporters, it is 
endorsed by the U.S. Chamber of Commerce, the National 
Association of Manufacturers, the Council on Competitiveness, 
the Bipartisan Policy Center, the Association of American 
Universities, the Association of Public Land-Grant 
Universities, the Nuclear Energy Institute, the American 
Petroleum Institute, the American Gas Association, the Energy 
Storage Association, the Carbon Utilization Research Council, 
the American Council on Renewable Energy, the Natural Resources 
Defense Council, and the Energy Sciences Coalition. I'll submit 
the full list of supporters for the record.
    ARPA-E's unique work is one of the best tools we have to 
produce the innovation needed to maintain our international 
competitiveness, and transition ourselves to a clean energy 
future. If we are truly serious about using innovation to 
address the increasing dangers of climate change, then we must 
provide ARPA-E the resources to reach its immense potential.
    Given this bill's crucial mission, along with the deep 
support from industry, academia, and scientific and 
environmental organizations, I hope that each of my colleagues 
on both sides of the aisle will strongly support advancing H.R. 
4091 this morning.
    With that, I yield back. Thank you.
    [The prepared statement of Chairwoman Johnson follows:]

    I am pleased that we are now considering H.R. 4091, the bipartisan 
ARPA-E Reauthorization Act of 2019, led by myself and Chairman Lamb.
    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. 
Industry leaders like Bill Gates, Chad Holliday, and Norm Augustine 
have repeatedly called for significantly increasing this agency's 
budget given the unique role that it is now playing in our energy 
innovation pipeline.
    ARPA-E's impressive track record now includes over $2.9 billion in 
private-sector follow-on funding for a group of 145 ARPA-E projects 
since the agency's founding in 2009. Equally notable, 76 projects have 
formed new companies, 131 projects have shown enough promise to result 
in partnerships with other government agencies, and ARPA-E projects 
have led to 2,489 peer-reviewed journal articles and 346 U.S. patents.
    Unfortunately, ARPA-E has only been able to support about 1% of the 
proposals submitted for its open funding opportunities, and 12% of the 
proposals submitted for its focused programs, even though the number of 
promising, high quality proposals that the agency has received is many 
times higher.
    That is why I am proud to sponsor H.R. 4091, the ARPA-E 
Reauthorization Act of 2019, which authorizes substantial growth in 
support for the agency over the next five years. This growth is 
consistent with the National Academies' original recommendations for 
establishing and supporting ARPA-E, as well as more recent 
recommendations from well-respected bipartisan and nonpartisan 
institutions such as the Bipartisan Policy Center's American Energy 
Innovation Council, the Energy Futures Initiative, and the Information 
Technology and Innovation Foundation.
    I'd also note that in its review of the program released in 2017, 
the National Academies found that a significant increase in funding 
would be necessary for ARPA-E to be able to support the scale-up of 
several particularly promising technologies that were previously 
supported by the agency. But many of these new approaches are still too 
risky to be supported by the private sector alone, and too often other 
DOE programs remain ill-suited to steward them.
    By authorizing these resources, this bill ensures that ARPA-E is 
able to fully pursue the development and demonstration of truly 
transformational clean energy technologies, just as DARPA, the agency 
upon which ARPA-E is modeled, has been able to demonstrate time and 
again for defense applications.
    This bill also authorizes ARPA-E to better address DOE's 
significant nuclear waste clean-up and management issues, for which the 
Department currently spends billions of dollars every year trying to 
manage with current technologies. And it allows ARPA-E to pursue 
projects that improve the resilience, reliability, and security of our 
energy infrastructure.
    The ARPA-E Reauthorization Act of 2019 incorporates extensive 
feedback from stakeholders, including input from a hearing on ARPA-E 
this Subcommittee held on February 26th. It also incorporates 
constructive language from a bill that I cosponsored with my friend, 
Ranking Member Lucas, last year.
    Just to name a few of the bill's many supporters, it is endorsed by 
the U.S. Chamber of Commerce, the National Association of 
Manufacturers, the Council on Competitiveness, the Bipartisan Policy 
Center, the Association of American Universities, the Association of 
Public & Land-grant Universities, the Nuclear Energy Institute, the 
American Gas Association, the Energy Storage Association, the Carbon 
Utilization Research Council, the American Council on Renewable Energy, 
the Natural Resources Defense Council, and the Energy Sciences 
Coalition. I'll submit the full list of supporters for the record.
    ARPA-E's unique work is one of the best tools we have to produce 
the innovation needed to maintain our international competitiveness and 
transition ourselves to a clean energy future. If we are truly serious 
about using innovation to address the increasing dangers of climate 
change, then we must provide ARPA-E the resources to reach its immense 
potential. Given this bill's crucial mission, along with its deep 
support from industrial, academic, scientific, and environmental 
organizations, I hope that each of my colleagues on both sides of the 
aisle will strongly support advancing H.R. 4091 this morning.
    With that, I yield back.

    Chairman Lamb. Thank you, Madam Chairwoman. Does anyone 
else wish to be recognized?
    Mr. Lucas. Mr. Chairman?
    Chairman Lamb. So recognized.
    Mr. Lucas. Thank you, Chairman Lamb.
    We all know this Committee has one of the best track 
records in Congress of passing productive, bipartisan 
legislation, so I have to say I'm a little surprised and 
disappointed that we've been unable to reach a consensus on 
reauthorizing ARPA-E in a truly bipartisan way, especially 
given that Republicans have proposed a bill that not only 
includes similar program reforms but also authorizes a 
responsible spending increase.
    Now, I'm optimistic that there are many opportunities for 
bipartisanship in the future, but as stewards of the taxpayers' 
resources, we, in Congress, must do our job to set realistic 
priorities and focus our limited Federal funds where we can 
maximize the return on that investment.
    Unfortunately, the bills we're considering today don't meet 
that standard. H.R. 4091, the ARPA-E Reauthorization Act of 
2019, includes substantial increases in funding for the 
program, reaching $1 billion in funding by 2024. If enacted, 
this bill would authorize, I won't use the word shocking; I'll 
just say an amazing 173 percent increase in spending.
    This legislation does include policy reforms that were 
first proposed in my bipartisan bill last Congress like 
expanding ARPA-E's mission to include a wider range of 
innovative technologies and requiring the Department to provide 
annual reports on ARPA-E projects. I support these reforms, and 
I know we can achieve them without irresponsibly raising 
spending.
    Now, I have spent a number of years working with Chairwoman 
Johnson and my friends across the aisle to support ARPA-E, and 
I have worked hard in this Congress to bring my Republican 
colleagues to the table. And I am proud of how far we have all 
come on this issue. I believe there is a real opportunity to 
find common ground. So I'm disappointed I will acknowledge, to 
see my friends in the majority on the Science Committee 
apparently unwilling to have a realistic and productive 
conversation about ARPA-E funding in this Congress.
    However, we still have an opportunity to pass a truly 
bipartisan ARPA-E bill out of this Committee. My bill, H.R. 
3915, the ARPA-E Reauthorization and Reform Act of 2019, 
includes the key policy reforms included in this legislation 
and includes a realistic funding profile for the program, 
authorizing an over $130 million increase in funding over 5 
years, reaching $500 million by 2024.
    And I want to remind my colleagues that we are proposing an 
amount that is $100 million more than what was included in 
Chairwoman Johnson's ARPA-E authorization bill from the last 
Congress. We're making an effort to find consensus.
    I can't support the bill we're considering today, but as 
someone who is committed to reauthorizing ARPA-E, I hope that 
before we consider legislation in the full Committee, we can 
agree on a compromise approach that will actually have a chance 
of becoming law.
    With that, I would remind all my colleagues I've been a 
Member of the legislative process long enough. I understand and 
respect the fact that the majority has the right and the 
responsibility to govern. But the minority also has the right 
and the responsibility to be heard, and today we're using this 
opportunity to stress these points that we think are critical 
to a successful reauthorization of ARPA-E.
    And with that, Mr. Chairman, I yield back.
    [The prepared statement of Mr. Lucas follows:]

    We all know this Committee has one of the best track records in 
Congress for passing productive, bipartisan legislation. So I have to 
say, I am surprised and disappointed that we have been unable to reach 
a consensus on reauthorizing ARPA-E in a truly bipartisan way, 
especially given that Republicans have proposed a bill that not only 
includes similar program reforms but also authorizes a responsible 
spending increase.
    Now, I am optimistic that there are many opportunities for 
bipartisanship in the future. But as stewards of taxpayer resources, we 
in Congress must do our job to set realistic priorities and focus our 
limited federal funds where we can maximize the return on investment.
    Unfortunately, the bills we will consider today don't meet this 
standard.
    H.R. 4091, the ARPA-E Reauthorization Act of 2019, includes 
substantial increases in funding for the program, reaching $1 billion 
in funding by 2024. If enacted, this bill would authorize a shocking 
173 percent increase in spending.
    This legislation does include policy reforms that were first 
proposed in my bipartisan bill last Congress, like expanding ARPA-E's 
mission to include a wider range of innovative technologies and 
requiring the Department to provide annual reports on ARPA-E projects. 
I support these reforms, and I know we can achieve them without 
irresponsibly raising spending.
    I have spent a number of years working with Chairwoman Johnson and 
my friends across the aisle to support ARPA-E, and I have worked hard 
this Congress to bring my Republican colleagues to the table. I am 
proud of how far we all have come on this issue, and I believe there is 
a real opportunity here to find common ground.
    So I am disappointed to see Science Committee Democrats unwilling 
to have a realistic and productive conversation on ARPA-E funding this 
Congress.
    However, we still have an opportunity to pass a truly bipartisan 
ARPA-E bill out of this Committee. My bill, H.R. 3915, the ARPA-E 
Reauthorization and Reform Act of 2019, includes the same key policy 
reforms included in this legislation. And it includes a realistic 
funding profile for the program, authorizing an over $130 million 
increase in funding over five years, reaching $500 million by 2024.
    I want to remind my colleagues that we are proposing an amount that 
is over $100 million more than was included in Chairwoman Johnson's 
ARPA-E authorization bill from last Congress. We are making an effort 
to find consensus.
    I can't support the bill we are considering today. But as someone 
who is committed to re-authorizing ARPA-E, I hope that before we 
consider legislation in the full Committee, we can agree on a 
compromise approach that actually has a chance of becoming law.

    Chairman Lamb. Thank you to the Ranking Member.
    Does anyone else wish to be heard? OK.
    We will now proceed with the amendments in the order of the 
roster. The first amendment on the roster is an amendment 
offered by the gentleman from Illinois. He is recognized to 
offer an amendment.
    Mr. Foster. Thank you, Mr. Chairman. I have an amendment at 
the desk.
    Chairman Lamb. The clerk will report the amendment.
    The Clerk. Amendment No. 1, amendment to H.R. 4091 offered 
by Mr. Foster.
    [The amendment of Mr. Foster follows:]
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Chairman Lamb. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered.
    I now recognize the gentleman from Illinois for 5 minutes 
to explain the amendment.
    Mr. Foster. Thank you, Mr. Chairman, and I hope I don't use 
the 5 minutes here. I'm introducing this amendment to establish 
a Chief Evaluation Officer position at ARPA-E.
    The National Academies recently issued an assessment of 
ARPA-E in 2017, and while the report was generally positive in 
terms of ARPA-E's technological advancements and its effective 
program and project management, the authors noted a few areas 
of attentional improvement.
    Now, one area that was in need of attention was ARPA-E's 
evaluation and assessment program. These are findings 4-9 and 
recommendations 4-8 in their report. The Academy found that the 
agency is not yet able to fully assess the full extent of its 
impact and achievement on its statutory missions and goals. 
They also found that ARPA-E is not doing a good job of creating 
awareness of its successes in enhancing the economic and energy 
security of the United States. The report recommended that, 
quote, ``The ARPA-E Director and Program Director should 
develop and implement a framework for measuring and assessing 
the agency's impact in achieving its missions and goals.''
    Now, I don't believe that Congress should be overly 
prescriptive in telling ARPA-E how to best measure and assess 
its impact or better communicate its success to lawmakers and 
the general public, so my amendment simply creates a position 
of Chief Evaluation Officer in ARPA-E.
    The Chief Evaluation Officer coordinates, promotes, 
sponsors, and builds capacity within a Federal department to 
help that agency understand and conduct evaluations. The 
results of these evaluations can be used to improve policies 
and programs, as well as communicate the success of the agency 
to the public. Other Federal agencies have such a position and 
benefit greatly from having this position filled.
    Under my amendment, it would be left to ARPA-E and the 
Chief Evaluation Officer to determine how to best measure 
impact and communicate its successes. The position would also 
provide some institutional memory in ARPA-E. Where the Director 
comes in as a political appointee and initiates a number of--by 
design--fairly short-term projects to provide the agility and 
flexibility that we all hope will continue to make ARPA-E a 
productive research and development enterprise.
    I think it's a tremendous idea and I was very pleased to 
find that since introducing my amendment, we have learned that 
ARPA-E now plans to hire an evaluation and impact assessment 
expert to help them respond to the National Academies' 
recommendations. So this is a tremendous example of, I think, 
first off, the real value that Congress gets from the National 
Academies and other sources of technical advice, and also the 
way we benefit from having a collaborative relationship between 
Congress and the agencies that it oversees.
    So, Mr. Chairman, I hereby withdraw my amendment and look 
forward to working with the agency to ensure that this 
critically important role is effectively filled using existing 
authorities.
    Thank you, and I yield back.
    Chairman Lamb. Thank you. The next amendment on the roster 
is an amendment offered by the gentleman from Indiana. He is 
recognized to offer an amendment.
    Mr. Baird. Mr. Chair, I have an amendment at the desk.
    Chairman Lamb. The clerk will report the amendment.
    The Clerk. Amendment No. 2, amendment to H.R. 4091 offered 
by Mr. Baird.
    [The amendment of Mr. Baird follows:]
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Chairman Lamb. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered.
    I recognize the gentlemen for 5 minutes to explain the 
amendment.
    Mr. Baird. Thank you, Chairman Lamb. My amendment to H.R. 
4091, the ARPA-E Reauthorization Act of 2019, would replace the 
authorized funding levels with more reasonable numbers that 
have received bipartisan support in the past.
    In the 115th Congress, Chairwoman Johnson introduced H.R. 
3681, an ARPA-E reauthorization bill that was cosponsored by 39 
Members, including five Democratic Members currently sitting on 
this Committee. My amendment simply takes the exact funding 
profile proposed in the bill and adds it here. This funding 
level would be a modest, reasonable increase in spending with 
funding, reaching $390 million in Fiscal Year 2022.
    After supporting it last year, I see no reason why 
Chairwoman Johnson and my Science Committee colleagues cannot 
support this funding level again. Good policy doesn't change as 
the result of an election or based on who controls the House of 
Representatives, and successfully reauthorizing ARPA-E will 
take a collaborative bi-partisan approach.
    The funding levels I propose in this amendment are also 
reflected in Ranking Member Lucas' bill, H.R. 3915. Mr. Lucas' 
bill, of which I am a cosponsor, proposes a manageable $130 
million increase to operate ARPA-E over the next 5 years. That 
bill proposes an increase to $500 million by the year 2024, 
which I will note is significantly higher than Chairwoman 
Johnson's bill from last Congress.
    I believe my amendment is a good starting point and Mr. 
Lucas' bill is an excellent compromise. I urge all of my 
colleagues to sup- port this amendment, and I yield back the 
balance of my time.
    Chairman Lamb. Thank you. Are there any other comments or 
discussion on the amendment?
    Chairwoman Johnson. Mr. Chairman?
    Chairman Lamb. Madam Chairwoman, you are recognized.
    Chairwoman Johnson. I move to strike the last word.
    Chairman Lamb. You're recognized.
    Chairwoman Johnson. I am sure that my friends in the 
minority think that they've caught me in a tough spot this 
time. That's because the funding levels in this amendment 
simply match the funding levels included in the bipartisan 
ARPA-E Reauthorization Act that I introduced in 2017.
    However, a lot has happened since 2017, but one thing, at 
that time, the Trump Administration was attempting to shut down 
ARPA-E in defiance of the law. That bill, which had 39 
cosponsors, including 11 Republicans, served to send a strong 
bipartisan message to the Administration to change course and 
support this agen- cy in accordance with its statutory mission.
    In 2017, ARPA-E's appropriated funding level was also lower 
than it is today, and I think we can all remember that at the 
time I was serving as Ranking Member of the Committee rather 
than Chairwoman. That bill was my attempt to write a proposal 
that the previous Republican-controlled Congress could pass.
    Now, it's 2019, and things are little different. For one, 
we now have a series of recommendations from well-respected 
bipartisan and nonpartisan institutions that call for 
supporting ARPA-E at the levels in this bill. ARPA-E's funding 
levels have increased to the point where the 2020 level 
authorized in this amendment would make a significant cut to 
the agency's budget. In fact, even the out-year funding in this 
amendment would cut ARPA-E to well below the bipartisan, House-
passed appropriation level for next year.
    The climate crisis has only grown more urgent, and we have 
a new congressional majority in the House that is ready and 
willing to make the investments we need to address it. For all 
of these reasons, I strongly urge my colleagues to oppose this 
amendment. I yield back.
    Chairman Lamb. Thank you, Madam Chairwoman. Any other 
discussion on the amendment?
    Mr. Casten. Move to strike the last word.
    Chairman Lamb. You're recognized.
    Mr. Casten. So I'm a freshman. I'm pleased to serve with my 
friend Mr. Baird. Neither of us were here in the last session, 
but as a newly elected Member, I think any discussion of fiscal 
responsibility with respect to the last Congress deserves one 
five-word re- sponse: $1.5 trillion.
    Thank you, and I yield back.
    Mr. Lucas. Mr. Chairman, I move to strike the last word.
    Chairman Lamb. You are recognized, sir.
    Mr. Lucas. Mr. Chairman, I realize that we have a lot of 
new Members in Congress and a lot of new Members on the 
Committee, and Chairwoman Johnson and I are kind of the senior 
Members from experience and time. So I will just offer a little 
thought to my colleagues from my perspective. And I say this 
respectfully.
    But as I mentioned earlier, it is the right and the 
responsibility of the majority to govern. It's the right and 
the responsibility of the minority to be heard. What we are 
trying to do is simply say to our friends you don't control the 
entire congressional process. You don't control the 
Administration. We are trying to work with you to craft a piece 
of legislation that gives us a chance to leave this Com- 
mittee, and across the floor in a bipartisan way, so that we 
can persuade that other body that might not be quite as 
enlightened always, as we are to join us in this effort to get 
something signed at the other end of Pennsylvania Avenue.
    If this is an aspirational bill, I respect that fully. 
Going from $500 million to $1 billion is an aspirational 
increase in 2024. But we, in the minority, are trying in good 
faith to work with you to craft something we can get all the 
way through. We can't control our brethren at the other end of 
Pennsylvania Avenue or the other side of this building, but we 
can promise you, based on how hard it has been to maintain 
ARPA-E in recent years, that if we don't work together, we'll 
wind up doing great damage.
    So with that, in the greatest of respect for my colleagues, 
I en- courage my friends to vote for Dr. Baird's amendment and 
to urge us all to consider those factors today and understand 
the majority will have its way. That's the way it's supposed to 
work. But we'll revisit this in full Committee, and we'll 
revisit this on the floor and it'll make it more difficult 
ultimately. I want to accomplish some- thing.
    I understand the joys of being in the conscience of the 
body, as some of my other friends on the other side have 
experienced, too.
    And with that, Mr. Chairman, I respectfully yield back.
    Chairman Lamb. Thank you, Mr. Ranking Member. Any further 
discussion on the amendment?
    Mr. Weber. I move to strike the last word.
    Chairman Lamb. You are recognized.
    Mr. Weber. I appreciate that. What he said, the gentleman 
from Oklahoma. I yield back.
    Chairman Lamb. Thank you. And I would just recognize myself 
for a moment to say that I very much appreciate the spirit of 
bipartisanship that survives even in moments where we disagree. 
I think that our disagreement in this particular case is really 
a disagreement of degree rather than kind. I think most of us 
believe in the ARPA-E program and think that it has been 
successful and is promising, and so it's a debate about how 
large of a bet that you're willing to place on that progress.
    I think that our hope is that with the support already of 
four Republicans, not one, every one of which we value--much 
like the good Lord counts every hair on your head--we count 
every Republican who is willing to support our bills. We hope 
that on the other side of Capitol Hill and at the other end of 
Pennsylvania Avenue supporters like the Chamber of Commerce and 
American Gas Association will also carry a lot of weight.
    So with that, we will vote on the amendment.
    All in favor, say aye.
    All opposed, say no.
    The noes have it. The amendment is not agreed to.
    Are there any more amendments?
    Mr. Norman. Mr. Chair?
    Chairman Lamb. You're recognized. False alarm, OK.
    A reporting quorum being present, I move that the Energy 
Subcommittee of the Science, Space, and Technology Committee 
report H.R. 4091 to the full Committee and with the 
recommendation that the bill be approved.
    Those in favor of the motion will signify by saying aye.
    Those opposed, no.
    The ayes have it, and the bill is favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. I ask unanimous consent that staff be authorized to 
make any nec- essary technical and conforming changes to the 
bill. Without objection, so ordered.
    Members will have 2 subsequent calendar days in which to 
submit supplemental minority or additional views on the 
measure.

                               H.R. 4230

    Chairman Lamb. We will now consider H.R. 4230, the Clean 
Industrial Technology Act of 2019, and the clerk will please 
report the bill.
    The Clerk. H.R. 4230, a bill.
    [The bill follows:]

             XXI. Proceedings of the Full Committee Markup


 


                                 ______

2019

                                MARKUPS:
                   H.R. 4901, ARPA-E REAUTHORIZATION
                        ACT OF 2019; H.R. 2051,
                     SUSTAINABLE CHEMISTRY RESEARCH
                    AND DEVELOPMENT ACT OF 2019; AND
                  H.R. 1709, SCIENTIFIC INTEGRITY ACT

=======================================================================

                                 MARKUP

                               BEFORE THE

              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
                        HOUSE OF REPRESENTATIVES

                     ONE HUNDRED SIXTEENTH CONGRESS

                             FIRST SESSION

                               __________

                            OCTOBER 17, 2019

                               __________

                          Serial No. CP 116-10

                               __________

 Printed for the use of the Committee on Science, Space, and Technology


       Available via the World Wide Web: http://science.house.gov
              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

             HON. EDDIE BERNICE JOHNSON, Texas, Chairwoman
ZOE LOFGREN, California              FRANK D. LUCAS, Oklahoma,
DANIEL LIPINSKI, Illinois              Ranking Member
SUZANNE BONAMICI, Oregon             MO BROOKS, Alabama
AMI BERA, California,                BILL POSEY, Florida
  Vice Chair                         RANDY WEBER, Texas
CONOR LAMB, Pennsylvania             BRIAN BABIN, Texas
LIZZIE FLETCHER, Texas               ANDY BIGGS, Arizona
HALEY STEVENS, Michigan              ROGER MARSHALL, Kansas
KENDRA HORN, Oklahoma                RALPH NORMAN, South Carolina
MIKIE SHERRILL, New Jersey           MICHAEL CLOUD, Texas
BRAD SHERMAN, California             TROY BALDERSON, Ohio
STEVE COHEN, Tennessee               PETE OLSON, Texas
JERRY McNERNEY, California           ANTHONY GONZALEZ, Ohio
ED PERLMUTTER, Colorado              MICHAEL WALTZ, Florida
PAUL TONKO, New York                 JIM BAIRD, Indiana
BILL FOSTER, Illinois                JAMIE HERRERA BEUTLER, Washington
DON BEYER, Virginia                  FRANCIS ROONEY, Florida
CHARLIE CRIST, Florida               GREGORY F. MURPHY, North Carolina
SEAN CASTEN, Illinois
KATIE HILL, California
BEN McADAMS, Utah
JENNIFER WEXTON, Virginia
                         C  O  N  T  E  N  T  S

                            October 17, 2019

                                                                   Page
H.R. 4091--ARPA-E Reauthorization Act of 2019....................    00

H.R. 2051--Sustainable Chemistry Research and Development Act of 
  2019...........................................................    00

H.R. 1709--Scientific Integrity Act..............................    00

 
                                MARKUPS:


 
                   H.R. 4091, ARPA-E REAUTHORIZATION


 
                        ACT OF 2019; H.R. 2051,


 
                     SUSTAINABLE CHEMISTRY RESEARCH


 
                    AND DEVELOPMENT ACT OF 2019; AND


 
                  H.R. 1709, SCIENTIFIC INTEGRITY ACT

                              ----------                              


                       THURSDAY, OCTOBER 17, 2019

                          House of Representatives,
               Committee on Science, Space, and Technology,
                                                   Washington, D.C.
    The Committee met, pursuant to notice, at 10:02 a.m., in 
room 2318 of the Rayburn House Office Building, Hon. Eddie 
Bernice Johnson [Chairwoman of the Committee] presiding.
    Chairwoman Johnson. Good morning. The Committee will come 
to order. And without objection, the Chair is authorized to 
declare recess at any time. Pursuant to Committee rule and 
House rule XI, the Chair announces that she may postpone roll 
call votes.
    Pursuant to notice, the Committee meets to consider the 
following measures: H.R. 4091, ARPA-E Reauthorization Act of 
2019; H.R. 2051, Sustainable Chemistry Research and Development 
Act of 2019; and H.R. 1709, Scientific Integrity Act.
    Good morning, and welcome to today's markup of three bills. 
I'm very pleased that we are considering the bipartisan ARPA-E 
Reauthorization Act of 2019 this morning. ARPA-E (Advanced 
Research Projects Agency-Energy) stewards the development of 
high-risk, high-reward energy technologies that neither the 
private sector nor other DOE (Department of Energy) programs 
had previously been willing to support.
    After demonstrating a strong record of success over its 
first 10 years in operation and successfully passing numerous 
independent, bipartisan, and nonpartisan assessments over the 
last several years, it is clear that ARPA-E has been a 
successful program. This bill will enable ARPA-E to truly 
fulfill its potential to help transform our Nation's energy 
infrastructure for a far cleaner and more prosperous future.
    The next bill we will consider is H.R. 2051, the 
Sustainable Chemistry Research and Development Act of 2019, 
which is sponsored by the gentleman from Illinois, Mr. 
Lipinski. The Research and Technology Subcommittee held a 
hearing in July to explore the challenges and opportunities in 
sustainable chemistry. The Committee heard from an expert panel 
of witnesses about the need for more research and technology 
development, improved chemistry education, and enhanced Federal 
agency coordination to encourage the use of sustainable 
chemicals and processes throughout the chemical science and 
engineering enterprise. All of the witnesses spoke in support 
of H.R. 2051.
    This bipartisan bill is a good step to advancing the 
chemical innovations we need to reduce our reliance on 
substances that are hazardous to human health and the 
environment. I want to thank Mr. Lipinski for his leadership on 
this important issue. I'll also take a moment to mention that 
this bill has a companion in the Senate which is sponsored by 
Senator Coons, and I know he is committed to moving this 
legislation forward. Hopefully, he can help us to get this 
important legislation enacted this Congress.
    Last, we will consider H.R. 1709, the Scientific Integrity 
Act. I want to thank Mr. Tonko for his leadership on this 
legislation, which began in 2016 when he sought to codify the 
scientific integrity policies put in place under the Obama 
Administration for all agencies that fund, conduct, and oversee 
scientific research. These policies were developed in response 
to a 2010 memorandum from the Office of Science and Technology 
Policy, which in turn was in response to a requirement in the 
2007 America COMPETES Act.
    This legislation brings our 2007 effort full circle by 
spelling out in law the core principles of a Federal agency's 
scientific integrity policy. There are many specific principles 
addressing openness, transparency, and due process. At their 
essence, they are about protecting Federal science and 
scientists from undue political influence and ensuring that the 
public can trust the science and scientific process informing 
public policy decisions.
    H.R. 1709 has 218 cosponsors and has earned the 
endorsements of 60 organizations. This is important 
legislation, regardless of which party is in the White House, 
and I urge my colleagues to support it.
    I'd like to also take a moment to observe that we will be 
considering extensive amendments to each of these bills, 
offered by all three bill sponsors. All of these amendments 
were formed with input from outside stakeholders and also 
extensive negotiations with Ranking Member Lucas and his staff. 
I greatly appreciate his efforts to reach bipartisan 
agreements, and the efforts of both of our staffs to work 
together.
    It sometimes seems like ``compromise'' has become a dirty 
word in this town. I will be the first to acknowledge that 
compromise can be less than satisfying. But I do not believe 
that our constituents sent us here to posture. There are real 
problems that need to be solved, and those problems won't be 
addressed if Democrats and Republicans always go their separate 
ways. I hope that the Science Committee will continue to be a 
place where people from both sides of the aisle can come 
together to pass good legislation, and I look forward to doing 
that today.
    [The prepared statement of Chairwoman Johnson follows:]

    Good morning and welcome to today's markup of three good bills.
    I am very pleased that we are considering the bipartisan ARPA-E 
Reauthorization Act of 2019 this morning. ARPA-E stewards the 
development of high-risk, high-reward energy technologies that neither 
the private sector nor other DOE programs had previously been willing 
or able to support. After demonstrating a strong record of success over 
its first ten years in operation, and successfully passing numerous 
independent, bipartisan, and nonpartisan assessments over the last 
several years, it is clear ARPA-E has been a successful program. This 
bill will enable ARPA-E to truly fulfill its potential to help 
transform our nation's energy infrastructure for a far cleaner and more 
prosperous future.
    The next bill we will consider is H.R. 2051, the Sustainable 
Chemistry Research and Development Act of 2019, which is sponsored by 
the gentleman from Illinois, Mr. Lipinski. The Research and Technology 
Subcommittee held a hearing in July to explore the challenges and 
opportunities in sustainable chemistry. The Committee heard from an 
expert panel of witnesses about the need for more research and 
technology development, improved chemistry education, and enhanced 
Federal agency coordination to encourage the use of sustainable 
chemicals and processes throughout the chemical science and engineering 
enterprise. All of the witnesses spoke in support of H.R. 2051.
    This bipartisan bill is a good step to advancing the chemical 
innovations we need to reduce our reliance on substances that are 
hazardous to human health and the environment. I want to thank Mr. 
Lipinski for his leadership on this important issue. I'll also take a 
moment to mention that this bill has a companion in the Senate which is 
sponsored by Senator Coons. I know he is committed to moving this 
legislation forward, and hopefully he can help us to get this important 
legislation enacted this Congress.
    Last, we will consider H.R. 1709, the Scientific Integrity Act. I 
want to thank Mr. Tonko for his leadership on this legislation, which 
began in 2016 when he sought to codify the scientific integrity 
policies put in place under the Obama Administration for all agencies 
that fund, conduct, and oversee scientific research. Those policies 
were developed in response to a 2010 memorandum from the Office of 
Science and Technology Policy, which in turn was in response to a 
requirement in the 2007 America COMPETES Act. This legislation brings 
our 2007 effort full circle by spelling out in law the core principles 
of a Federal agency scientific integrity policy. There are many 
specific principles addressing openness, transparency, and due process. 
At their essence, they are about protecting federal science and 
scientists from undue political influence and ensuring that the public 
can trust the science and scientific process informing public policy 
decisions. H.R. 1709 has 218 cosponsors and has earned the endorsements 
of 60 organizations. This is important legislation, regardless of which 
party is in the White House, and I urge my colleagues to support it.
    I'd like to also take a moment to observe that we will be 
considering extensive amendments to each of these bills, offered by all 
three bill sponsors. All of these amendments were formed with input 
from outside stakeholders and also extensive negotiations with Ranking 
Member Lucas and his staff. I greatly appreciate his efforts to reach 
bipartisan agreements, and the efforts of both of our staffs to work 
together.
    It sometimes seems like ``compromise'' has become a dirty word in 
this town. I will be the first to acknowledge that compromise can be 
less-than-satisfying. But I do not believe that our constituents sent 
us here to posture.
    There are real problems that need to be solved, and those problems 
won't be addressed if Democrats and Republicans always go their 
separate ways. I hope that the Science Committee will continue to be a 
place where people from both sides of the aisle can come together to 
pass good legislation, and I look forward to doing that today.

    Chairwoman Johnson. I now recognize our Ranking Member, Mr. 
Lucas, for his remarks.
    Mr. Lucas. Thank you, Madam Chairwoman.
    And today, we will consider three bills. The first is H.R. 
4091, the ARPA-E Reauthorization Act of 2019. After a lot of 
negotiation, I'm pleased to say we've reached a bipartisan 
consensus on this legislation, and I look forward to supporting 
the bill, as amended. I want to thank the Chairwoman for being 
willing to come to the table and find a more measured approach 
we can all agree on.
    I believe the additional changes in the manager's 
amendments that we'll consider today will further strengthen 
this legislation. With this amendment, we'll double our 
investment in ARPA-E's high-risk, high-reward research over 5 
years, but we'll also establish important guardrails to ensure 
that we're using our limited research dollars wisely and 
efficiently.
    To be sure, we're not using taxpayer dollars on initiatives 
that industry can conduct, the bill requires grant applicants 
to demonstrate they made sufficient attempts to fund projects 
without Federal dollars. Importantly, this bill will address 
the problem of duplication within ARPA-E. Like all Federal 
programs, ARPA-E isn't perfect, and in the past, some 
initiatives have appeared to duplicate the efforts of other DOE 
programs. ARPA-E is meant to focus on cutting-edge research to 
enable transformative technologies. It can't do that if its 
resources are being drained by duplicative work conducted 
elsewhere in the Department. This bill will require the 
Department to prevent duplication between ARPA-E's initiatives 
and other research across DOE.
    I'm also pleased that Chairwoman Johnson has agreed to join 
me in a GAO (Government Accountability Office) request seeking 
to add transparency to the program. With this report, I hope we 
can shed more light on unintended duplication and develop 
policies to prevent that from occurring in the future. Taken 
together, these initiatives will strengthen ARPA-E and refocus 
the program on its intended mission: Serving as the bridge 
between basic research and industry-led innovation.
    The second bill on our agenda today is H.R. 2051, the 
Sustainable Chemistry Act of 2019. H.R. 2051 provides for 
Federal coordination of research and development for new 
innovations in chemistry, manufacturing, and materials. This 
bill continues our Committee's bipartisan commitment to 
prioritizing fundamental research for new technologies and the 
ideas that will drive the American economy into the future.
    Chemistry is essential to our economy and plays a vital 
role in helping to solve the greatest challenges facing the 
Nation and our world. From farming to medicine to the 
applications we use, chemical manufacturing touches our lives 
every day. There is market demand for chemical products that 
use resources more efficiently and are safer for both humans 
and the environment. Consumers want these products to be just 
as effective or more effective than traditional chemical 
products. This bill will help support the research, training, 
and standards needed to meet these demands.
    It's rare that a bill has the endorsement of both the 
chemical companies and the environmental advocates. I thank the 
bill's sponsors, Representative Dan Lipinski and Representative 
John Moolenaar, for their leadership on this issue and for 
developing a good consensus bill. I encourage my colleagues to 
support it.
    The final bill on our agenda today is the Scientific 
Integrity Act. I will speak more about that when we consider 
the bill and I'll offer an amendment. But in the meantime, I 
appreciate Chairwoman Johnson and the bill's sponsor Mr. Tonko 
for working with us on a compromise that will be able to move 
that bill forward with my support.
    In the meantime, I look forward to considering our 
bipartisan bills on ARPA-E and sustainable chemistry. Thank 
you, Madam Chair, and I yield back.
    [The prepared statement of Mr. Lucas follows:]

    Thank you, Madam Chairwoman.
    Today we will consider three bills.
    The first is H.R. 4091, the ARPA-E Reauthorization Act of 2019. 
After a lot of negotiation, I'm pleased to say we've reached a 
bipartisan consensus on this legislation, and I look forward to 
supporting the bill as amended.
    I want to thank the Chairwoman for being willing to come to the 
table and find a more measured approach we can all agree on.
    I believe the additional changes in the Manager's Amendment that 
we'll consider today will further strengthen this legislation. With 
this amendment, we'll double our investment in ARPA-E's high-risk, 
high-reward research over 5 years--but we'll also establish important 
guardrails to ensure we're using our limited research dollars wisely 
and efficiently.
    To be sure we're not using taxpayer dollars on initiatives that 
industry can conduct, the bill requires grant applicants to demonstrate 
they made sufficient attempts to fund projects without federal dollars.
    Importantly, this bill will address the problem of duplication 
within ARPA-E. Like all federal programs, ARPA-E isn't perfect, and in 
the past, some initiatives have appeared to duplicate the efforts of 
other DOE programs.
    ARPA-E is meant to focus on cutting-edge research to enable 
transformative technologies. It can't do that if its resources are 
being drained by duplicative work conducted elsewhere in the 
Department.
    This bill will require the Department to prevent duplication 
between ARPA-E's initiatives and other research across DOE.
    I'm also pleased that Chairwoman Johnson has agreed to join me in a 
GAO request seeking to add transparency to this program. With this 
report, I hope we can shed some light on unintended duplication and 
develop policies to prevent that from occurring in the future.
    Taken together, these initiatives will strengthen ARPA-E and 
refocus the program on its intended mission: serving as the bridge 
between basic research and industry-led innovation.
    The second bill on our agenda today is H.R. 2051, the Sustainable 
Chemistry Act of 2019. H.R. 2051 provides for federal coordination of 
research and development for new innovations in chemistry, 
manufacturing and materials.
    This bill continues our Committee's bipartisan commitment to 
prioritizing fundamental research for new technologies and the ideas 
that will drive the American economy into the future.
    Chemistry is essential to our economy and plays a vital role in 
helping to solve the biggest challenges facing the nation and our 
world.
    From farming to medicine to the appliances we use, chemical 
manufacturing touches our lives every day.
    There is market demand for chemical products that use resources 
more efficiently and are safer for both humans and the environment. 
Consumers want these products to be just as effective, or more 
effective than traditional chemical products. This bill will help 
support the research, training, and standards needed to meet these 
demands.
    It's rare that a bill has the endorsement of both chemical 
companies and environmental advocates. I thank the bill's sponsors Rep. 
Dan Lipinski and Rep. John Moolenaar for their leadership on this 
issue, and for developing a good consensus bill.
    I encourage my colleagues to support it.
    The final bill on our agenda today is the Scientific Integrity Act. 
I will speak more on that when we consider the bill and I offer an 
amendment. But in the meantime, I appreciate Chairwoman Johnson and the 
bill's sponsor Mr. Tonko for working with us on a compromise to be able 
to move that bill forward with my support.
    In the meantime, I look forward to considering our bipartisan bills 
on ARPA-E and sustainable chemistry. Thank you and I yield back.

    H.R. 4091
    Chairwoman Johnson. Thank you very much.
    We will now consider H.R. 4091, the ARPA-E Reauthorization 
Act of 2019. The clerk will report the bill.
    The Clerk. H.R. 4091, a bill to amend the America COMPETES 
Act to reauthorize the ARPA-E program and for other purposes.
    [The bill follows:]
    
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Chairwoman Johnson. Without objection, the bill is 
considered as read and open to amendment at any point. I 
recognize myself to speak on this bill.
    I'm pleased that we are now considering H.R. 4091. Before 
going into any further detail, I want to thank my friend 
Ranking Member Lucas for working with me to come to an 
agreement on the bill.
    After discussions between ourselves and our staff, I am 
proud to say that we have achieved a genuine compromise that 
will allow us to support this bill together this morning. As I 
noted during the Energy Subcommittee markup of 4091 last month, 
ARPA-E has al- ready demonstrated incredible success in 
advancing high-risk, high-reward energy technology solutions 
that neither the public sector nor the private sector have been 
willing or able to support in the past.
    Industry leaders like Bill Gates, Chad Holliday, and Norman 
Au- gustine have repeatedly called for significantly increasing 
this Agency's budget given the unique role that it is now 
playing in our energy innovation pipeline. ARPA-E's impressive 
track record now includes over $2.9 billion in private-sector 
follow-on funding for a group of 145 ARPA-E projects since the 
Agency's founding in 2009. Equally notable, 76 projects have 
formed new companies, and that's one of the main goals here. We 
want American science investments to result in American 
innovation and high-tech jobs. ARPA-E projects have also had 
significant impacts on science, leading to thousands of peer-
reviewed journal articles and 346 U.S. patents.
    Unfortunately, ARPA-E has only been able to support about 1 
percent of the proposals submitted for its open funding 
opportunities and 12 percent of the proposals submitted to the 
FOCUS (Full-Spectrum Optimized Conversion and Utilization of 
Sunlight) programs. Too many good ideas are falling by the 
wayside, and that ends up shifting the enormous potential of 
this program--stifling the enormous potential of the program.
    H.R. 4091 addresses this problem by authorizing substantial 
growth and support for the Agency over the next 5 years. The 
growth is consistent with the National Academies' original 
recommendations for establishing and supporting ARPA-E, as well 
as more recent recommendations from well-respected bipartisan 
and nonpartisan institutions such as the Bipartisan Policy 
Center of America's Energy Innovation Council, the Energy 
Futures Initiative, and the Information Technology and 
Innovation Foundation.
    H.R. 4091 incorporates extensive feedback from 
stakeholders, including constructive language from a bill that 
I cosponsored with Ranking Member Lucas last year. The bill 
would incorporate additional provisions proposed by the Ranking 
Member upon the passage of the manager's amendment today. I 
value the perspectives that the Ranking Member and my 
colleagues across the aisle bring to this Committee and will 
continue to consider good ideas to improve our legislation 
wherever they come from.
    This bill is now endorsed by a broad coalition of 
organizations, including the U.S. Chamber of Commerce, the 
National Association of Manufacturers, the Bipartisan Policy 
Center, the Association of American Universities, the Nuclear 
Energy Institute, the American Petroleum Institute, the Natural 
Resources Defense Council and Energy Storage Association, the 
Carbon Utilization Research Coun- cil, the American Council for 
Renewable Energy, the Environmental Defense Fund, and the 
Energy Sciences Coalition, just to name a few.
    ARPA-E's unique work is one of the best tools we have to 
produce the innovation needed to maintain our international 
competitiveness and transition ourselves to a clean energy 
future. Given this bill's crucial mission, along with this deep 
support from our Nation's leading industrial, academic, 
scientific, and environmental organizations, I am hopeful that 
all of my colleagues will strongly support advancing 4091 this 
morning.
    Does anyone else need to be recognized or desire to be 
recognized?
    The Chair recognizes Mr. Lipinski.
    Mr. Lipinski. Thank you, Chairwoman Johnson. I just want to 
very briefly say ARPA-E I think is one of the most important 
pro- grams that we have making a difference with the potential 
to do even greater things for our country. And when it comes to 
our posi- tion on science and technology and innovation and 
addressing a lot of the big problems that we face, including 
climate issues and other very critical issues, I just want to 
say this is very important. I'm glad we've been able to come to 
agreement on this. I yield back.
    Chairwoman Johnson. Thank you very much. Ms. Bonamici.
    Ms. Bonamici. Thank you, Chairwoman Johnson. I move to 
strike the last word.
    Chairwoman Johnson. The Chair recognizes you for 5 minutes.
    Ms. Bonamici. Thank you, Chairwoman. In addition to the 
Science Committee, I serve on the Select Committee on the 
Climate Crisis, and I just came from a hearing in that 
Committee. And, you know, in northwest Oregon climate change is 
a reality. We have acidic oceans that are threatening our 
shellfish industry on the Pacific Coast. We have smoke from 
raging wildfires that's made air unhealthy to breathe. We have 
decreased snowpack that's limiting access to skiing and 
snowboarding, and that affects our outdoor recreation industry. 
We have droughts and extreme weather patterns that are 
jeopardizing the livelihoods of our farmers and our prestigious 
wineries; warmer water temperatures in the Columbia River that 
are endangering salmon, which are a fundamental part of the 
identity and culture of the Northwest tribes; and, of course, 
rising sea levels that are threatening homeowners and small 
businesses in our coastal communities.
    If you look at the findings from the Intergovernmental 
Panel on Climate Change in the Fourth National Climate 
Assessment, it's more than a wake-up call; it's really an 
alarm. Greenhouse gas emissions from human activities are the 
most substantial factor that account for observed warming over 
the past 6 decades, and carbon dioxide concentrations in the 
atmosphere are higher than any time in the last 3 million 
years.
    We know the climate crisis is a national emergency and an 
existential threat, and we have the imperative to act on 
climate and to transition to a clean energy economy no later 
than midcentury. And that transition can start by strengthening 
investments in research and development for clean energy, which 
is one of the reasons why I'm so proud to cosponsor the 
bipartisan ARPA-E Reauthorization Act. The bill would more than 
double authorization for the Agency to $1 billion by 2024. 
These funds will help support the high-risk but high-reward 
energy research that's not being addressed by the private 
sector. At current funding levels ARPA-E continues to identify 
more projects than can be funded. And it's worth noting that 
the increase in funding is consistent with the recommendations 
from the National Academies in their assessment ``Rising Above 
the Gathering Storm'' report. By authorizing $1 billion for 
ARPA-E, we can show leadership and also help accelerate the 
development of clean energy technologies.
    And, importantly, we must complement Federal high-risk, 
high- reward programs like ARPA-E with regional partnerships 
that can spur the development of early stage innovations and 
help also move new technologies beyond laboratory research to 
market deployment.
    I'm working on a bill to help support the creation and 
expansion of regional private-public partnerships to foster an 
environment of innovation and job creation at the local level 
and to accelerate smart market deployment of clean energy 
technologies. And that is something that, you know, since the 
creation of ARPA-E, we have seen so much growth in the private 
sector, as well as the groundbreaking research, so it takes 
vision and persistence to pursue areas of research when the 
benefits are unknown at the outset. The Federal Government has 
a role as an active participant in this important work, and one 
part of that is providing robust funding for ARPA-E.
    So I thank Chairwoman Johnson for her leadership on this 
bipartisan bill. I also thank the Ranking Member for his 
collaboration, and I urge all of my colleagues to support this 
bill, and I yield back the balance of my time.
    Chairwoman Johnson. Thank you very much. Any other requests 
for time?
    We will now proceed with the amendments in the order of the 
roster. The Chair's amendment, the first amendment on the 
roster is an amendment offered by the Chair. The clerk will 
report the amendment.
    The Clerk. Amendment No. 1, amendment to Committee print of 
H.R. 4091 offered by Ms. Johnson.
    [The amendment of Chairwoman Johnson follows:]
    
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Chairwoman Johnson. I ask unanimous consent to dispense 
from further reading, and without objection, so ordered. I 
recognize myself for 5 minutes to briefly explain the 
amendment.
    The manager's amendment represents an agreement between me 
and my friend Mr. Lucas to pass a major reauthorization of 
ARPA-E out of this Committee with strong bipartisan support. I 
greatly appreciate the hard work that he and his staff put into 
achieving this compromise, and I truly hope that this bodes 
well for all of our mutual efforts to advance the authorization 
of other important clean energy R&D (research and development) 
programs going forward. I urge all my colleagues on both sides 
of the aisle to support the amendment, and I yield back.
    Is there further discussion?
    Mr. Lucas. Madam Chair?
    Chairwoman Johnson. Mr. Lucas.
    Mr. Lucas. Thank you, Madam Chairwoman. When we marked up 
H.R. 4091 in the Energy Subcommittee, I said that I believed 
there was an opportunity to find common ground and to 
reauthorize ARPA-E in a bipartisan way. I want to thank you, 
Chairwoman Johnson, for working with me to achieve that common 
ground through this manager's amendment. We both had to make 
compromises, but I believe we achieved consensus. And I believe 
this amendment is a responsible approach and will give us the 
best chance to see a robust reauthorization bill signed into 
law.
    I introduced a bill in July to reauthorize and reform ARPA-
E, and the manager's amendment we are considering today 
includes elements of that bill that were essential for reaching 
bipartisan consensus. ARPA-E is meant to advance cutting-edge 
technologies that are too high-risk for industry but have the 
potential to revolutionize energy production, development, and 
use in America. This is vitally important work, and ARPA-E is 
unique in its ability to do this. So it's critical that even as 
we grow the program's resources, we make sure that we're going 
to fund work within ARPA-E's mission, not duplicative research, 
a development that can be better funded by other DOE programs 
or the private industry.
    This manager's amendment goes a long way toward eliminating 
the duplication between ARPA-E and other Department of Energy 
research. It also creates a more rigorous approval process that 
ensures applicants have first sought private investment before 
applying for ARPA-E grants.
    These reforms, in addition to the reforms included in the 
original legislation, have given us the opportunity to pass a 
bipartisan bill that benefits taxpayers while strengthening the 
transformational energy research.
    I want to thank the Chairwoman for working with me on this 
bill, and I yield back.
    Chairwoman Johnson. Thank you very much.
    Any further discussion on the amendment?
    Seeing none, the vote will occur on the amendment.
    All those in favor, say aye.
    Those opposed, no.
    The ayes have it, and the amendment is agreed to.
    We now will hear the Foster amendment. The next amendment 
on the roster is offered by the gentleman from Illinois. He is 
recognized to offer the amendment.
    Mr. Foster. Thank you. I have an amendment at the desk.
    Chairwoman Johnson. The clerk will report the amendment.
    The Clerk. Amendment No. 2, amendment to H.R. 4091 offered 
by Mr. Foster.
    [The amendment of Mr. Foster follows:]
    
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Chairwoman Johnson. I ask unanimous consent to dispense 
with the reading. Without objection, so ordered.
    I recognize the gentleman for 5 minutes to explain his 
amendment.
    Mr. Foster. Thank you, Ms. Chairwoman. I'm introducing this 
amendment to establish a Chief Evaluation Officer position at 
ARPA-E. In 2017 the National Academies issued a comprehensive 
assessment of ARPA-E. While the report was generally positive 
in terms of ARPA-E's technological advancements and effective 
program and project management, the authors noted a few areas 
in need of improvement.
    One area in need of attention was ARPA-E's evaluation and 
assessment program. The Academy found that the Agency is not 
yet able to fully assess the full extent of its impact and 
achievement of its statutory mission and goals. They also found 
that ARPA-E is doing a poor job of creating awareness of its 
success in enhancing the economic and energy security of the 
United States. The report recommended that, quote, ``The ARPA-E 
Director and Program Director should develop and implement a 
framework for measuring and assessing the Agency's impact in 
achieving its mission and goals,'' unquote.
    I do not want to be overly prescriptive in telling ARPA-E 
how to better measure and assess its impact or better 
communicate its success to lawmakers and the general public. My 
amendment simply creates a position of Chief Evaluation 
Officer, a position which is successfully used in other 
agencies. A Chief Evaluation Officer coordinates, promotes, 
sponsors, and builds capacity within a Federal department to 
help the Agency understand and conduct evaluations. The results 
of these evaluations can be used to improve policies and 
programs, as well as to communicate the success of the Agency 
to the public. It will be left up to ARPA-E and the Chief 
Evaluation Officer to determine how best to measure impact and 
communicate its success.
    Now, since introducing my amendment, I have recently 
learned that ARPA-E now plans to hire an evaluation impact 
assessment expert to help them respond to the National 
Academies' recommendations.
    So, Ms. Chairwoman, I withdraw my amendment and look 
forward to working with the Agency to ensure that this 
critically important role is filled using existing authorities. 
And I yield back.
    Chairwoman Johnson. Thank you very much.
    Are there any other amendments? Are there any requests for 
time?
    If not, a reporting quorum being present, I move that the 
Committee on Science, Space, and Technology report H.R. 4091, 
as amended, to the House with the recommendation that the bill 
be approved.
    Those in favor of the motion can signify by saying aye.
    Those opposed, no.
    Hearing none, the motion is carried.
    Without objection, the motion to reconsider is laid on the 
table, and I ask unanimous consent that the staff be authorized 
to make any necessary technical and conforming changes to the 
bill. Without objection, so ordered.
    Members will have 2 subsequent calendar days in which to 
submit supplementary minority and additional views on this 
measure.

                               H.R. 2051

    Chairwoman Johnson. We will now consider H.R. 2051, the 
Sustainable Chemistry Research and Development Act of 2019. The 
clerk will report the bill.
    The Clerk. H.R. 2051, a bill to provide for Federal 
coordination of activities supporting sustainable chemistry and 
for other purposes.
    [The bill follows:]