SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘ARPA-E Act of 2018’’. 
SEC. 2. ADVANCED RESEARCH PROJECTS AGENCY–EN-
ERGY. 
(a) ESTABLISHMENT.—Section 5012(b) of the Amer-
ica COMPETES Act (42 U.S.C. 16538(b)) is amended 
by striking ‘‘development of energy technologies’’ and in-
serting ‘‘development of transformative science and tech-
nology solutions to address energy, environmental, eco-
nomic, and national security challenges’’. 
(b) GOALS.—Section 5012(c) of such Act (42 U.S.C. 
16538(c)) is amended— 
(1) by striking paragraph (1)(A) and inserting 
the following: 
‘‘(A) to enhance the economic and energy 
security of the United States through the devel-
opment of energy technologies that— 
‘‘(i) reduce imports of energy from 
foreign sources; 
‘‘(ii) reduce energy-related emissions, 
including greenhouse gases; 
‘‘(iii) improve the energy efficiency of 
all economic sectors; 
‘‘(iv) provide transformative solutions 
to improve the management, clean-up, and 
disposal of—
‘‘(I) low-level radioactive waste; 
‘‘(II) spent nuclear fuel; and 
‘‘(III) 
high-level 
radioactive 
waste; 
‘‘(v) improve efficiency and reduce the 
environmental impact of all forms of en-
ergy production; 
‘‘(vi) improve the resiliency, reliability, 
and security of the electric grid; and 
‘‘(vii) address other challenges within 
the mission of the Department as deter-
mined by the Secretary; and’’; and 
(2) in paragraph (2) by striking ‘‘energy tech-
nology projects’’ and inserting ‘‘advanced technology 
projects’’. 
(c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of 
such Act (42 U.S.C. 16538(e)(3)(A)) is amended by strik-
ing ‘‘energy’’. 
(d) 
STRATEGIC
VISION
ROADMAP.—Section 
5012(h)(2) of such Act (42 U.S.C. 16538(h)(2)) is 
amended to read as follows: 
‘‘(2) STRATEGIC VISION ROADMAP.—In the re-
port required under paragraph (1), the Director 
shall include a roadmap describing the strategic vi-
sion that ARPA-E will use to guide the choices of
ARPA-E for future technology investments over the 
following 2 fiscal years.’’. 
(e) COORDINATION AND NONDUPLICATION.—Section 
5012(i)(1) of such Act (42 U.S.C. 16538(i)(1)) is amend-
ed to read as follows: 
‘‘(1) IN
GENERAL.—To the maximum extent 
practicable, the Director shall ensure that— 
‘‘(A) the activities of ARPA–E are coordi-
nated with, and do not duplicate the efforts of, 
programs and laboratories within the Depart-
ment 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 pri-
vate financing or indicates that the project is 
not independently commercially viable.’’. 
(f) EVALUATION.—Section 5012(l) of such Act (42 
U.S.C. 16538(l)) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of enactment of the ARPA-E Act of 
2018, the Secretary is authorized to enter into a 
contract with the National Academy of Sciences 
under which the National Academy shall conduct an
evaluation of how well ARPA-E is achieving the 
goals and mission of ARPA-E.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘shall’’ and inserting ‘‘is 
authorized to’’; and 
(B) by striking ‘‘the recommendation of 
the National Academy of Sciences’’ and insert-
ing ‘‘a recommendation’’. 
(g) PROTECTION OF PROPRIETARY INFORMATION.— 
Section 5012 of such Act (42 U.S.C. 16538) is amended— 
(1) by redesignating subsection (n) as sub-
section (o); and 
(2) by inserting after subsection (m) the fol-
lowing new subsection: 
‘‘(n) PROTECTION
OF
PROPRIETARY
INFORMA-
TION.— 
‘‘(1) IN GENERAL.—The following categories of 
information collected by ARPA-E from recipients of 
awards under this section shall be considered privi-
leged and confidential and not subject to disclosure 
pursuant to section 552 of title 5, United States 
Code: 
‘‘(A) Plans for commercialization of tech-
nologies developed under the award, including 
business plans, technology-to-market plans,
market studies, and cost and performance mod-
els. 
‘‘(B) Investments provided to an awardee 
from third parties (such as venture capital 
firms, hedge funds, and private equity firms), 
including amounts and the percentage of owner-
ship of the awardee provided in return for the 
investments. 
‘‘(C) Additional financial support that the 
awardee— 
‘‘(i) plans to invest, or has invested, 
into the technology developed under the 
award; or 
‘‘(ii) is seeking from third parties. 
‘‘(D) Revenue from the licensing or sale of 
new products or services resulting from re-
search conducted under the award. 
‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection shall be construed to affect— 
‘‘(A) the authority of the Secretary to use 
information without publicly disclosing such in-
formation; or 
‘‘(B) the responsibility of the Secretary to 
transmit information to Congress as required 
by law.’’.
(h) FUNDING.—Section 5012(o)(4) of such Act (42 
U.S.C. 16538(o)(4)), as redesignated by subsection (g)(1), 
is amended by striking ‘‘during the 5-year period begin-
ning on the date of enactment of this Act’’. 
(i) TECHNICAL AMENDMENTS.— 
(1) Section 5012(g)(3)(A)(iii) of such Act (42 
U.S.C. 16538(g)(3)(A)(iii)) is amended by striking 
‘‘subpart’’ each place it appears and inserting ‘‘sub-
paragraph’’. 
(2) Section 5012(o)(2) of such Act (42 U.S.C. 
16538(o)(2)), as redesignated by subsection (g)(1), 
is amended by striking ‘‘paragraphs (4) and (5)’’ 
and inserting ‘‘paragraph (4)’’. 
Passed the House of Representatives June 27, 2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 5906 
AN ACT 
To amend the America COMPETES Act to estab-
lish Department of Energy policy for Advanced 
Research Projects Agency–Energy, and for other 
purposes.