ARPA–E Reauthorization Act of 2019

II Calendar No. 361 116TH CONGRESS 1ST SESSION S. 2714 To amend the America COMPETES Act to reauthorize the ARPA–E program, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 28, 2019 Mr. VAN HOLLEN (for himself, Mr. ALEXANDER, Mr. GARDNER, and Mr. HEINRICH) introduced the following bill; which was read twice and re- ferred to the Committee on Energy and Natural Resources DECEMBER 17, 2019 Reported by Ms. MURKOWSKI, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To amend the America COMPETES Act to reauthorize the ARPA–E program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘ARPA–E Reauthoriza- 4 tion Act of 2019’’. 5 VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS 2 •S 2714 RS SEC. 2. ARPA–E AMENDMENTS. 1 (a) GOALS.—Section 5012(c) of the America COM- 2 PETES Act (42 U.S.C. 16538(c)) is amended— 3 (1) in paragraph (1), by striking subparagraph 4 (A) and inserting the following: 5 ‘‘(A) to enhance the economic and energy 6 security of the United States through the devel- 7 opment of energy technologies that— 8 ‘‘(i) reduce imports of energy from 9 foreign sources; 10 ‘‘(ii) reduce energy-related emissions, 11 including greenhouse gases; 12 ‘‘(iii) improve the energy efficiency of 13 all economic sectors; and 14 ‘‘(iv) improve the resilience, reliability, 15 and security of infrastructure to produce, 16 deliver, and store energy; and’’; and 17 (2) in paragraph (2), in the matter preceding 18 subparagraph (A), by striking ‘‘energy’’ and insert- 19 ing ‘‘advanced’’. 20 (b) RESPONSIBILITIES.—Section 5012(e)(3)(A) of 21 the America COMPETES Act (42 U.S.C. 22 16538(e)(3)(A)) is amended by striking ‘‘energy’’. 23 (c) AWARDS.—Section 5012(f) of the America COM- 24 PETES Act (42 U.S.C. 16538(f)) is amended— 25 VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS 3 •S 2714 RS (1) by striking ‘‘In carrying’’ and inserting the 1 following: 2 ‘‘(1) IN GENERAL.—In carrying’’; and 3 (2) by adding at the end the following: 4 ‘‘(2) CONSIDERATION OF PRIOR GRANTS.—In 5 awarding a grant under paragraph (1), the Director 6 shall take into account the success or failure of any 7 project carried out by the entity applying for the 8 grant using any prior grant funds awarded to that 9 entity by the Director.’’. 10 (c)(d) REPORTS AND ROADMAPS.—Section 5012(h) 11 of the America COMPETES Act (42 U.S.C. 16538(h)) 12 is amended— 13 (1) in paragraph (1)— 14 (A) by striking ‘‘describing projects’’ and 15 inserting the following: ‘‘describing— 16 ‘‘(A) projects’’; 17 (B) in subparagraph (A) (as so des- 18 ignated), by striking the period at the end and 19 inserting ‘‘, including projects that examine top- 20 ics and technologies closely relating to other ac- 21 tivities funded by the Department;’’ and 22 (C) by adding at the end the following: 23 ‘‘(B) an analysis of whether the Director is 24 in compliance with subsection (i)(1)(A) in sup- 25 VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS 4 •S 2714 RS porting projects that examine the topics and 1 technologies described in subparagraph (A); and 2 ‘‘(C) current, proposed, and planned 3 projects to be carried out pursuant to sub- 4 section (e)(3)(D).’’; and 5 (2) in paragraph (2)— 6 (A) by striking ‘‘October 1, 2010, and Oc- 7 tober 1, 2013’’ and inserting ‘‘October 1, 2021, 8 and every 4 years thereafter’’; and 9 (B) by striking ‘‘3’’ and inserting ‘‘4’’. 10 (d)(e) COORDINATION AND NONDUPLICATION.—Sec- 11 tion 5012(i)(1) of the America COMPETES Act (42 12 U.S.C. 16538(i)(1)) is amended— 13 (1) by striking ‘‘that the activities’’ and insert- 14 ing the following: ‘‘that— 15 ‘‘(A) the activities’’; 16 (2) in subparagraph (A) (as so designated), by 17 striking the period at the end and inserting ‘‘; and’’; 18 and 19 (3) by adding at the end the following: 20 ‘‘(B) an award is not provided for a 21 project unless the prospective award recipient 22 demonstrates that— 23 ‘‘(i) the prospective award recipient 24 has made a sufficient attempt to secure 25 VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS 5 •S 2714 RS private financing, as determined by the Di- 1 rector; or 2 ‘‘(ii) the project is not independently 3 commercially viable.’’. 4 (e)(f) EVALUATION.—Section 5012(l) of the America 5 COMPETES Act (42 U.S.C. 16538(l)) is amended— 6 (1) in paragraph (1), by striking ‘‘After’’ and 7 all that follows through ‘‘years’’ and inserting ‘‘Not 8 later than 3 years after the date of enactment of the 9 ARPA–E Reauthorization Act of 2019’’; and 10 (2) in paragraph (2)— 11 (A) in the matter preceding subparagraph 12 (A), by striking ‘‘shall’’ and inserting ‘‘may’’; 13 and 14 (B) in subparagraph (A), by striking ‘‘the 15 recommendation of the National Academy of 16 Sciences’’ and inserting ‘‘a recommendation’’. 17 (f)(g) AUTHORIZATION OF APPROPRIATIONS.—Sec- 18 tion 5012(o)(2) of the America COMPETES Act (42 19 U.S.C. 16538(o)(2)) is amended— 20 (1) in the matter preceding subparagraph (A), 21 by striking ‘‘paragraphs (4) and (5)’’ and inserting 22 ‘‘paragraph (4)’’; and 23 (2) by striking subparagraphs (A) through (E) 24 and inserting the following: 25 VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS 6 •S 2714 RS ‘‘(A) $428,000,000 for fiscal year 2020; 1 ‘‘(B) $497,000,000 for fiscal year 2021; 2 ‘‘(C) $567,000,000 for fiscal year 2022; 3 ‘‘(D) $651,000,000 for fiscal year 2023; 4 and 5 ‘‘(E) $750,000,000 for fiscal year 2024.’’. 6 (g)(h) TECHNICAL AMENDMENTS.—Section 5012 of 7 the America COMPETES Act (42 U.S.C. 16538) is 8 amended— 9 (1) in subsection (g)(3)(A)(iii), by striking 10 ‘‘subpart’’ each place it appears and inserting ‘‘sub- 11 paragraph’’; and 12 (2) in subsection (o)(4)(B), by striking 13 ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 14 VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS Calendar No. 361 116TH CONGRESS 1ST SESSION S. 2714 A BILL To amend the America COMPETES Act to reau- thorize the ARPA–E program, and for other pur- poses. DECEMBER 17, 2019 Reported with amendments VerDate Sep 11 2014 04:25 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S2714.RS S2714 kjohnson on DSK79L0C42 with BILLS