$915,000,000 for fiscal year 2013, to remain available 
until expended. 
SEC. 4. RECOUPMENT. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish procedures and criteria for the recoupment of the 
Federal share of each project supported under this Act. 
Such recoupment shall occur within a reasonable period 
of time following the date of the completion of such 
project, but not later than 20 years following such date, 
taking into account the effect of recoupment on— 
(1) the commercial competitiveness of the entity 
carrying out the project; 
(2) the profitability of the project; and 
(3) the commercial viability of the technology 
utilized. 
(b) WAIVER.—The Secretary may at any time waive 
or defer all or some portion of the recoupment requirement 
as necessary for the commercial viability of the project. 
(c) AVAILABILITY OF FUNDS.—Revenue received by 
the Federal Government pursuant to this section shall be 
deposited into the Fund and shall be available with further 
appropriation to fund future grants, contracts, and coop-
erative agreement as authorized by the Director. 
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(d) DEFINITIONS.—For the purposes of this sec-
tion— 
(1) the term ‘‘for-profit entity’’ means a li-
censee or successor in interest to a venture member, 
or any other for-profit person or entity, or combina-
tion of such persons or entities, that earns or ac-
crues amounts subject to this section; 
(2) the term ‘‘product or invention supported 
by or produced as a result of funding under this 
Act’’ includes any product or invention of a venture 
member based on or using any technology or inven-
tion arising out of a venture funded under this Act; 
and 
(3) the term ‘‘revenue generated by or resulting 
from a product or invention’’ includes revenue de-
rived from the sale or licensing of patents or other 
rights with respect to the product or invention. 
SEC. 5. ADVICE. 
(a) ADVISORY COMMITTEES.—The Director may seek 
advice on any aspect of ARPA–E from— 
(1) existing Department of Energy advisory 
committees; and 
(2) new advisory committees organized to sup-
port the programs of ARPA–E and to provide advice 
and assistance on— 
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(A) specific program tasks; or 
(B) overall direction of ARPA–E. 
(b) APPLICABILITY.—Section 14 of the Federal Advi-
sory Committee Act shall not apply to advisory committees 
organized under subsection (a)(2). 
(c) ADDITIONAL SOURCES OF ADVICE.—The Direc-
tor may seek advice and review from the National Acad-
emy of Sciences, the National Academy for Engineering, 
and any other professional or scientific organization with 
expertise in specific processes or technologies under devel-
opment by ARPA–E. 
SEC. 6. ARPA-E EVALUATION. 
After ARPA–E has been in operation for 54 months, 
the President’s Committee on Science and Technology 
shall begin an evaluation (to be completed within 12 
months) of how well ARPA–E is achieving its goals and 
mission. The evaluation shall include the recommendation 
of such Committee on whether ARPA–E should be contin-
ued or terminated, as well as lessons-learned from its oper-
ation. The evaluation shall be made available to Congress 
and to the public upon completion. 
Æ 
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