[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4324 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4324

To facilitate the availability, development, and production of domestic 
 resources to meet national personal protective equipment and material 
    needs, and ensure American leadership in advanced research and 
              development and semiconductor manufacturing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2020

   Mr. Graham (for himself, Mr. Burr, and Mr. Daines) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To facilitate the availability, development, and production of domestic 
 resources to meet national personal protective equipment and material 
    needs, and ensure American leadership in advanced research and 
              development and semiconductor manufacturing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoring Critical 
Supply Chains and Intellectual Property Act''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
                         TITLE I--U.S. MADE ACT

Sec. 101. Short title.
Sec. 102. Domestic purchasing requirement for personal protective 
                            equipment acquisitions for the Strategic 
                            National Stockpile.
Sec. 103. Investment credit for qualifying medical personal protective 
                            equipment manufacturing projects.
Sec. 104. Special rules for transfers of intangible property relating 
                            to medical personal protective equipment to 
                            United States shareholders.
               TITLE II--SAFEGUARDING AMERICAN INNOVATION

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Federal Research Security Council.
Sec. 204. Federal grant application fraud.
Sec. 205. Restricting the acquisition of goods, technologies, and 
                            sensitive information to certain aliens.
Sec. 206. Limitations on educational and cultural exchange programs.
Sec. 207. Amendments to disclosures of foreign gifts.
   TITLE III--CHIPS FOR AMERICA ACT (CREATING HELPFUL INCENTIVES TO 
                  PRODUCE SEMICONDUCTORS FOR AMERICA)

Sec. 301. Semiconductor incentive grants.
Sec. 302. Department of Defense.
Sec. 303. Department of Commerce study on status of microelectronics 
                            technologies in the United States 
                            industrial base.
Sec. 304. Funding for development and adoption of measurably secure 
                            microelectronics and measurably secure 
                            microelectronics supply chains.
Sec. 305. Advanced semiconductor research and design.
Sec. 306. Prohibition relating to foreign adversaries.
                      TITLE IV--CRITICAL MINERALS

Sec. 401. Mineral security.
Sec. 402. Rare earth element advanced coal technologies.

                         TITLE I--U.S. MADE ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``United States Manufacturing 
Availability of Domestic Equipment Act'' or the ``U.S. MADE Act of 
2020''.

SEC. 102. DOMESTIC PURCHASING REQUIREMENT FOR PERSONAL PROTECTIVE 
              EQUIPMENT ACQUISITIONS FOR THE STRATEGIC NATIONAL 
              STOCKPILE.

    Section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)) is amended by adding at the end the following:
            ``(6) Domestic procurement requirement for personal 
        protective equipment.--
                    ``(A) Requirement.--Except as provided in 
                subparagraphs (C) and (D), funds appropriated or 
                otherwise available to the Secretary for the Strategic 
                National Stockpile may not be used for the procurement 
                of an item described in subparagraph (B) unless the 
                item was grown, reprocessed, reused, or produced in the 
                United States.
                    ``(B) Covered items.--An item described in this 
                subparagraph is an article or item of--
                            ``(i) personal protective equipment and 
                        clothing (and the materials and components 
                        thereof), other than sensors, electronics, or 
                        other items added to, and not normally 
                        associated with, such personal protective 
                        equipment;
                            ``(ii) sanitizing supplies and ancillary 
                        medical supplies such as disinfecting wipes, 
                        privacy curtains, beds and bedding, testing 
                        swabs, gauze and bandages, tents, tarpaulins, 
                        covers, or bags; or
                            ``(iii) any other textile medical supplies 
                        and textile equipment described in paragraph 
                        (1).
                    ``(C) Availability exception.--Subparagraph (A) 
                shall not apply to an item described in subparagraph 
                (B)--
                            ``(i) that is, or that includes, a material 
                        listed in section 25.104 of the Federal 
                        Acquisition Regulation as one for which a non-
                        availability determination has been made;
                            ``(ii) as to which the Secretary determines 
                        that a sufficient quantity of a satisfactory 
                        quality of such item that is grown, 
                        reprocessed, reused, or produced in the United 
                        States cannot be procured as, and when, needed; 
                        or
                            ``(iii) if, after maximizing to the extent 
                        feasible sources consistent with subparagraph 
                        (A), the Secretary certifies every 90 days that 
                        it is necessary to procure products under this 
                        paragraph under expedited procedures to respond 
                        to the immediate needs of a public health 
                        emergency pursuant to section 319.
                    ``(D) Exception for small procurements.--
                Subparagraph (A) shall not apply to procurements for 
                amounts that do not exceed $150,000. A proposed 
                procurement for an amount in excess of $150,000 may not 
                be divided into several procurements or contracts for 
                lesser amounts in order to qualify for the exception 
                under this subparagraph.
                    ``(E) Consultation.--The Secretary shall consult 
                with the United States Trade Representative on a matter 
                under this subsection that concerns an obligation of 
                the United States under any international trade 
                agreement.
                    ``(F) Notification required within 7 days after 
                procurement contract award if certain exceptions 
                applied.--In the case of any procurement contracts of 
                an item described in subparagraph (B), if the Secretary 
                applies the exception described in subparagraph (C) 
                with respect to that procurement contract, the 
                Secretary shall, not later than 7 days after the 
                awarding of the procurement contract, post a 
                notification that the exception has been applied on the 
                relevant Internet website maintained by the General 
                Services Administration, except for any information 
                that is exempt from mandatory disclosure under section 
                552 of title 5, United States Code.
                    ``(G) Training during fiscal year 2021.--
                            ``(i) In general.--The Secretary shall 
                        ensure that each member of the acquisition 
                        workforce in the Department of Health and Human 
                        Services who participates substantially on a 
                        regular basis in procurements related to the 
                        maintenance of the Strategic National Stockpile 
                        receives training during fiscal year 2021 on 
                        the requirements of this paragraph.
                            ``(ii) Inclusion of information in new 
                        training programs.--The Secretary shall ensure 
                        that any training program for the acquisition 
                        workforce, as described in clause (i), 
                        developed or implemented after fiscal year 
                        2021, includes comprehensive information on the 
                        requirements described in subparagraph (A).
                    ``(H) Effective date.--The Secretary shall increase 
                the percentage of contracts by value entered into for 
                products described in subparagraph (B) incrementally to 
                100 percent as soon as practicable, but in no event 
                later than the end of the 5-year period beginning on 
                the date of enactment of this paragraph. The Secretary 
                shall notify the Committee on Health, Education, Labor, 
                and Pensions of the Senate and the Committee on Energy 
                and Commerce of the House of Representatives within 60 
                days of such date of enactment regarding the percentage 
                of products described in subparagraph (B) that meet the 
                requirements of this paragraph.
                    ``(I) Report.--Not later than 90 days after the 
                date of enactment of this paragraph, the Secretary 
                shall submit to the Committee on Health, Education, 
                Labor, and Pensions of the Senate and the Committee on 
                Energy and Commerce of the House of Representatives a 
                report assessing the implementation of this paragraph 
                and the feasibility of applying the requirements of 
                this paragraph to--
                            ``(i) not less than 50 percent of contracts 
                        by value entered into for products described in 
                        subparagraph (B) by September 30, 2021;
                            ``(ii) not less than 75 percent of 
                        contracts by value entered into for products 
                        described in subparagraph (B) by March 31, 
                        2022; and
                            ``(iii) not less than 100 percent of 
                        contracts by value entered into for products 
                        described in subparagraph (B) by a date that is 
                        not less than 2 years after the date of 
                        enactment of this paragraph.''.

SEC. 103. INVESTMENT CREDIT FOR QUALIFYING MEDICAL PERSONAL PROTECTIVE 
              EQUIPMENT MANUFACTURING PROJECTS.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 48C the following new section:

``SEC. 48D. QUALIFYING MEDICAL PERSONAL PROTECTIVE EQUIPMENT 
              MANUFACTURING PROJECT CREDIT.

    ``(a) In General.--For purposes of section 46, the qualifying 
medical personal protective equipment manufacturing project credit for 
any taxable year is an amount equal to 30 percent of the qualified 
investment for such taxable year with respect to any qualifying medical 
personal protective equipment manufacturing project of the taxpayer.
    ``(b) Qualified Investment.--
            ``(1) In general.--For purposes of subsection (a), the 
        qualified investment for any taxable year is--
                    ``(A) in the case of any eligible property placed 
                in service by the taxpayer during such taxable year, 
                the basis of such property, and
                    ``(B) in the case of any property previously placed 
                in service by the taxpayer during any period before 
                such taxable year which qualifies as eligible property 
                for such taxable year, the adjusted basis of such 
                property (as determined as of the beginning of such 
                taxable year).
            ``(2) Certain qualified progress expenditures rules made 
        applicable.--Rules similar to the rules of subsections (c)(4) 
        and (d) of section 46 (as in effect on the day before the 
        enactment of the Revenue Reconciliation Act of 1990) shall 
        apply for purposes of this section.
            ``(3) Limitation.--The amount which is treated as the 
        qualified investment for all taxable years with respect to any 
        qualifying medical personal protective equipment manufacturing 
        project shall not exceed the amount designated by the Secretary 
        as eligible for the credit under this section.
    ``(c) Definitions.--
            ``(1) Qualifying medical personal protective equipment 
        manufacturing project.--
                    ``(A) In general.--The term `qualifying medical 
                personal protective equipment manufacturing project' 
                means a project--
                            ``(i) which re-equips, expands, 
                        establishes, or continues a manufacturing 
                        facility for the production of--
                                    ``(I) any item described in 
                                paragraph (6)(B) of section 319F-2(a) 
                                of the Public Health Service Act (42 
                                U.S.C. 247d-6b(a)), or
                                    ``(II) any textile products for 
                                medical applications which are not 
                                described in subclause (I), as 
                                identified by the Secretary, in 
                                consultation with the Secretary of 
                                Health and Human Services, and
                            ``(ii) any portion of the qualified 
                        investment of which is certified by the 
                        Secretary under subsection (d) as eligible for 
                        a credit under this section.
                    ``(B) Exception.--Subclause (I) of subparagraph 
                (A)(i) shall not include sensors, electronics, or other 
                items added to, and not normally associated with, 
                equipment or clothing described in such subclause.
            ``(2) Eligible property.--The term `eligible property' 
        means any property--
                    ``(A) which is necessary for the production of 
                property described in paragraph (1)(A)(i),
                    ``(B) which is--
                            ``(i) tangible personal property, or
                            ``(ii) other tangible property (not 
                        including a building or its structural 
                        components), but only if such property is used 
                        as an integral part of the manufacturing 
                        facility described in such paragraph,
                    ``(C) with respect to which depreciation (or 
                amortization in lieu of depreciation) is allowable, and
                    ``(D) which is part of a qualifying medical 
                personal protective equipment manufacturing project.
    ``(d) Qualifying Medical Personal Protective Equipment 
Manufacturing Project Program.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this section, the Secretary, in 
                consultation with the Secretary of Health and Human 
                Services, shall establish a qualifying medical personal 
                protective equipment manufacturing project program to 
                consider and award certifications for qualified 
                investments eligible for credits under this section to 
                qualifying medical personal protective equipment 
                manufacturing project sponsors.
                    ``(B) Limitation.--The total amount of credits that 
                may be allocated under the program shall not exceed 
                $7,500,000,000.
            ``(2) Certification.--
                    ``(A) Application period.--Each applicant for 
                certification under this paragraph shall submit an 
                application (containing such information as the 
                Secretary may require) during the 1-year period 
                beginning on the date the Secretary establishes the 
                program under paragraph (1).
                    ``(B) Time to meet criteria for certification.--
                Each applicant for certification shall have 1 year from 
                the date of acceptance by the Secretary of the 
                application during which to provide to the Secretary 
                evidence that the requirements of the certification 
                have been met.
                    ``(C) Period of issuance.--An applicant which 
                receives a certification shall have 2 years from the 
                date of issuance of the certification in order to place 
                the project in service and if such project is not 
                placed in service by that time period, then the 
                certification shall no longer be valid.
            ``(3) Selection criteria.--In determining which qualifying 
        medical personal protective equipment manufacturing projects to 
        certify under this section, the Secretary shall take into 
        consideration which projects--
                    ``(A) will provide the greatest net increase in job 
                creation (both direct and indirect) within the United 
                States (as defined in section 4612(a)(4)) during the 
                credit period,
                    ``(B) will provide the largest net increase in the 
                amount of medical personal protective equipment for 
                which there is the greatest need for purposes of the 
                Strategic National Stockpile (as described in section 
                319F-2(a) of the Public Health Service Act (42 U.S.C. 
                247d-6b(a))),
                    ``(C) have the greatest potential to help achieve 
                medical manufacturing independence for the United 
                States, and
                    ``(D) have the greatest potential to meet current 
                demand or sudden surges in demand for personal 
                protective equipment.
            ``(4) Review and redistribution.--
                    ``(A) Review.--Not later than 3 years after the 
                date of enactment of this section, the Secretary shall 
                review the credits allocated under this section as of 
                such date.
                    ``(B) Redistribution.--The Secretary may reallocate 
                credits awarded under this section if the Secretary 
                determines that--
                            ``(i) there is an insufficient quantity of 
                        qualifying applications for certification 
                        pending at the time of the review, or
                            ``(ii) any certification made pursuant to 
                        paragraph (2) has been revoked pursuant to 
                        paragraph (2)(B) because the project subject to 
                        the certification has been delayed as a result 
                        of third party opposition or litigation to the 
                        proposed project.
                    ``(C) Reallocation.--If the Secretary determines 
                that credits under this section are available for 
                reallocation pursuant to the requirements set forth in 
                paragraph (2), the Secretary is authorized to conduct 
                an additional program for applications for 
                certification.
            ``(5) Disclosure of allocations.--The Secretary shall, upon 
        making a certification under this subsection, publicly disclose 
        the identity of the applicant and the amount of the credit with 
        respect to such applicant.
    ``(e) Denial of Double Benefit.--No credit shall be allowed under 
any provision of this chapter with respect to any amount taken in 
account in determining the credit allowed to a taxpayer under this 
section.''.
    (b) Conforming Amendments.--
            (1) Section 46 of the Internal Revenue Code of 1986 is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(7) the qualifying medical personal protective equipment 
        manufacturing project credit.''.
            (2) Section 49(a)(1)(C) of such Code is amended--
                    (A) by striking ``and'' at the end of clause (iv);
                    (B) by striking the period at the end of clause (v) 
                and inserting ``, and''; and
                    (C) by adding at the end the following:
                            ``(vi) the basis of any property which is 
                        part of a qualifying medical personal 
                        protective equipment manufacturing project 
                        under section 48D.''.
            (3) Section 50(a)(2)(E) of such Code is amended by striking 
        ``or 48C(b)(2)'' and inserting ``, 48C(b)(2), or 48D(b)(2)''.
            (4) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 48C the following new item:

``Sec. 48D. Qualifying medical personal protective equipment 
                            manufacturing project credit.''.
    (c) Treatment Under Base Erosion Tax.--Section 59A(b)(1)(B)(ii) of 
the Internal Revenue Code of 1986 is amended by striking ``plus'' at 
the end of subclause (I), by redesignating subclause (II) as subclause 
(III), and by inserting after subclause (I) the following new 
subclause:
                                    ``(II) the credit allowed under 
                                section 38 for the taxable year which 
                                is properly allocable to the portion of 
                                the investment credit determined under 
                                section 46 that is properly allocable 
                                to section 48D(a), plus''.
    (d) Effective Date.--The amendments made by this section shall 
apply to projects certified after the date of enactment of this Act.

SEC. 104. SPECIAL RULES FOR TRANSFERS OF INTANGIBLE PROPERTY RELATING 
              TO MEDICAL PERSONAL PROTECTIVE EQUIPMENT TO UNITED STATES 
              SHAREHOLDERS.

    (a) In General.--Subpart F of part III of subchapter N of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 966. TRANSFERS OF INTANGIBLE PROPERTY RELATING TO MEDICAL 
              PERSONAL PROTECTIVE EQUIPMENT TO UNITED STATES 
              SHAREHOLDERS.

    ``(a) In General.--Except as otherwise provided by the Secretary, 
if a controlled foreign corporation holds qualified intangible property 
on the date of the enactment of this section and thereafter distributes 
such property to a domestic corporation which is a United States 
shareholder with respect to such controlled foreign corporation--
            ``(1) for purposes of part I of subchapter C and any other 
        provision of this title specified by the Secretary, the fair 
        market value of such property on the date of such distribution 
        shall be treated as not exceeding the adjusted basis of such 
        property immediately before such distribution, and
            ``(2) if any portion of such distribution is not a 
        dividend--
                    ``(A) no gain shall be recognized by such United 
                States shareholder with respect to such distribution, 
                and
                    ``(B) the adjusted basis of such property in the 
                hands of such United States shareholder immediately 
                after such distribution shall be the adjusted basis of 
                such property in the hands of such controlled foreign 
                corporation immediately before such distribution 
                reduced by the amount (if any) of gain not recognized 
                by reason of subparagraph (A) (determined after the 
                application of paragraph (1)).
    ``(b) Qualified Intangible Property.--For purposes of this section, 
the term `qualified intangible property' means any property described 
in section 367(d)(4)(A)--
            ``(1) the principal purpose of which is use in connection 
        with--
                    ``(A) any eligible property, as defined in section 
                48D(c)(2), or
                    ``(B) any item or product described in subclause 
                (I) or (II) of section 48D(c)(1)(A)(i), or
            ``(2) substantially all of the income from which is derived 
        in connection with any eligible property (as defined in section 
        48D(c)(2)) or any item or product described in paragraph 
        (1)(B).
    ``(c) Regulations and Guidance.--The Secretary shall prescribe such 
regulations or other guidance as may be necessary to carry out the 
purposes of this section, including to prevent abuse by taxpayers 
related to distributions of qualified intangible property.''.
    (b) Conforming Amendments.--
            (1) Section 197(f)(2)(B)(i) of the Internal Revenue Code of 
        1986 is amended by inserting ``966(a),'' after ``731,''.
            (2) The table of sections for subpart F of part III of 
        subchapter N of chapter 1 of such Code is amended by adding at 
        the end the following new item:

``Sec. 966. Transfers of intangible property relating to medical 
                            personal protective equipment to United 
                            States shareholders.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions made on or after the date of enactment of this 
Act.

               TITLE II--SAFEGUARDING AMERICAN INNOVATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Safeguarding American Innovation 
Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Federal science agency.--The term ``Federal science 
        agency'' means any Federal department or agency to which more 
        than $100,000,000 in research and development funds were 
        appropriated for fiscal year 2020.
            (2) Research and development.--
                    (A) In general.--The term ``research and 
                development'' means all research activities, both basic 
                and applied, and all development activities.
                    (B) Development.--The term ``development'' means 
                experimental development.
                    (C) Experimental development.--The term 
                ``experimental development'' means creative and 
                systematic work, drawing upon knowledge gained from 
                research and practical experience, which--
                            (i) is directed toward the production of 
                        new products or processes or improving existing 
                        products or processes; and
                            (ii) like research, will result in gaining 
                        additional knowledge.
                    (D) Research.--The term ``research''--
                            (i) means a systematic study directed 
                        toward fuller scientific knowledge or 
                        understanding of the subject studied; and
                            (ii) includes activities involving the 
                        training of individuals in research techniques 
                        if such activities--
                                    (I) utilize the same facilities as 
                                other research and development 
                                activities; and
                                    (II) are not included in the 
                                instruction function.

SEC. 203. FEDERAL RESEARCH SECURITY COUNCIL.

    (a) In General.--Subtitle V of title 31, United States Code, is 
amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.
``Sec. 7901. Definitions
    ``In this chapter:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(C) the Select Committee on Intelligence of the 
                Senate;
                    ``(D) the Committee on Foreign Relations of the 
                Senate;
                    ``(E) the Committee on Armed Services of the 
                Senate;
                    ``(F) the Committee on Health, Education, Labor, 
                and Pensions of the Senate;
                    ``(G) the Committee on Oversight and Reform of the 
                House of Representatives;
                    ``(H) the Committee on Homeland Security of the 
                House of Representatives;
                    ``(I) the Committee on Energy and Commerce of the 
                House of Representatives;
                    ``(J) the Permanent Select Committee on 
                Intelligence of the House of Representatives;
                    ``(K) the Committee on Foreign Affairs of the House 
                of Representatives;
                    ``(L) the Committee on Armed Services of the House 
                of Representatives; and
                    ``(M) the Committee on Education and Labor of the 
                House of Representatives.
            ``(2) Council.--The term `Council' means the Federal 
        Research Security Council established under section 7902(a).
            ``(3) Executive agency.--The term `Executive agency' has 
        the meaning given that term in section 105 of title 5.
            ``(4) Federal research security risk.--The term `Federal 
        research security risk' means the risk posed by malign state 
        actors and other persons to the security and integrity of 
        research and development conducted using grants awarded by 
        Executive agencies.
            ``(5) Insider.--The term `insider' means any person with 
        authorized access to any United States Government resource, 
        including personnel, facilities, information, research, 
        equipment, networks, or systems.
            ``(6) Insider threat.--The term `insider threat' means the 
        threat that an insider will use his or her authorized access 
        (wittingly or unwittingly) to harm the national and economic 
        security of the United States or negatively affect the 
        integrity of a Federal agency's normal processes, including 
        damaging the United States through espionage, sabotage, 
        unauthorized disclosure of national security information or 
        non-public information, or through the loss or degradation of 
        departmental resources, capabilities, and functions.
            ``(7) Research and development.--
                    ``(A) In general.--The term `research and 
                development' means all research activities, both basic 
                and applied, and all development activities.
                    ``(B) Development.--The term `development' means 
                experimental development.
                    ``(C) Experimental development.--The term 
                `experimental development' means creative and 
                systematic work, drawing upon knowledge gained from 
                research and practical experience, which--
                            ``(i) is directed toward the production of 
                        new products or processes or improving existing 
                        products or processes; and
                            ``(ii) like research, will result in 
                        gaining additional knowledge.
                    ``(D) Research.--The term `research'--
                            ``(i) means a systematic study directed 
                        toward fuller scientific knowledge or 
                        understanding of the subject studied; and
                            ``(ii) includes activities involving the 
                        training of individuals in research techniques 
                        if such activities--
                                    ``(I) utilize the same facilities 
                                as other research and development 
                                activities; and
                                    ``(II) are not included in the 
                                instruction function.
            ``(8) United states research community.--The term `United 
        States research community' means--
                    ``(A) research and development centers of Executive 
                agencies;
                    ``(B) private research and development centers in 
                the United States, including for-profit and nonprofit 
                research institutes;
                    ``(C) research and development centers at 
                institutions of higher education (as defined in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)));
                    ``(D) research and development centers of States, 
                United States territories, Indian tribes, and 
                municipalities;
                    ``(E) government-owned, contractor-operated United 
                States Government research and development centers; and
                    ``(F) any person conducting federally funded 
                research or receiving Federal research grant funding.
``Sec. 7902. Federal Research Security Council establishment and 
              membership
    ``(a) Establishment.--There is established, in the Office of 
Management and Budget, a Federal Research Security Council, which shall 
develop federally funded research and development grant making policy 
and management guidance to protect the national and economic security 
interests of the United States.
    ``(b) Membership.--
            ``(1) In general.--The following agencies shall be 
        represented on the Council:
                    ``(A) The Office of Management and Budget.
                    ``(B) The Office of Science and Technology Policy.
                    ``(C) The Department of Defense.
                    ``(D) The Department of Homeland Security.
                    ``(E) The Office of the Director of National 
                Intelligence, including the National 
                Counterintelligence and Security Center.
                    ``(F) The Department of Justice, including the 
                Federal Bureau of Investigation.
                    ``(G) The Department of Energy.
                    ``(H) The Department of Commerce, including the 
                National Institute of Standards and Technology.
                    ``(I) The Department of Health and Human Services, 
                including the National Institutes of Health.
                    ``(J) The Department of State.
                    ``(K) The Department of Transportation.
                    ``(L) The National Aeronautics and Space 
                Administration.
                    ``(M) The National Science Foundation.
                    ``(N) The Department of Education.
                    ``(O) The Small Business Administration.
                    ``(P) The Council of Inspectors General on 
                Integrity and Efficiency.
                    ``(Q) Other Executive agencies, as determined by 
                the Chairperson of the Council.
            ``(2) Lead representatives.--
                    ``(A) Designation.--Not later than 45 days after 
                the date of the enactment of this chapter, the head of 
                each agency represented on the Council shall designate 
                a representative of that agency as the lead 
                representative of the agency on the Council.
                    ``(B) Functions.--The lead representative of an 
                agency designated under subparagraph (A) shall ensure 
                that appropriate personnel, including leadership and 
                subject matter experts of the agency, are aware of the 
                business of the Council.
    ``(c) Chairperson.--
            ``(1) Designation.--Not later than 45 days after the date 
        of the enactment of this chapter, the Director of the Office of 
        Management and Budget shall designate a senior-level official 
        from the Office of Management and Budget to serve as the 
        Chairperson of the Council.
            ``(2) Functions.--The Chairperson shall perform functions 
        that include--
                    ``(A) subject to subsection (d), developing a 
                schedule for meetings of the Council;
                    ``(B) designating Executive agencies to be 
                represented on the Council under subsection (b)(1)(Q);
                    ``(C) in consultation with the lead representative 
                of each agency represented on the Council, developing a 
                charter for the Council; and
                    ``(D) not later than 7 days after completion of the 
                charter, submitting the charter to the appropriate 
                congressional committees.
            ``(3) Lead science advisor.--The Director of the Office of 
        Science and Technology Policy shall be the lead science advisor 
        to the Chairperson for purposes of this chapter.
            ``(4) Lead security advisor.--The Director of the National 
        Counterintelligence and Security Center shall be the lead 
        security advisor to the Chairperson for purposes of this 
        chapter.
    ``(d) Meetings.--The Council shall meet not later than 60 days 
after the date of the enactment of this chapter and not less frequently 
than quarterly thereafter.
``Sec. 7903. Functions and authorities
    ``(a) In General.--The Chairperson of the Council shall consider 
the missions and responsibilities of Council members in determining the 
lead agencies for Council functions. The Council shall perform the 
following functions:
            ``(1) Developing and implementing, across all Executive 
        agencies that award research and development grants, a uniform 
        application process for grants in accordance with subsection 
        (b).
            ``(2) Developing and implementing a uniform and regular 
        reporting process for identifying persons participating in 
        federally funded research and development or that have access 
        to nonpublic federally funded information, data, research 
        findings, and research and development grant proposals.
            ``(3) Identifying or developing criteria, in accordance 
        with subsection (c), for sharing and receiving information with 
        respect to Federal research security risks in order to mitigate 
        such risks with--
                    ``(A) members of the United States research 
                community; and
                    ``(B) other persons participating in federally 
                funded research and development.
            ``(4) Identifying an appropriate Executive agency--
                    ``(A) to accept and protect information submitted 
                by Executive agencies and non-Federal entities based on 
                the processes established under paragraphs (1) and (2); 
                and
                    ``(B) to facilitate the sharing of information 
                received under subparagraph (A) to support, as 
                necessary and appropriate--
                            ``(i) oversight of federally funded 
                        research and development;
                            ``(ii) criminal and civil investigations of 
                        misappropriated Federal funds, resources, and 
                        information; and
                            ``(iii) counterintelligence investigations.
            ``(5) Identifying, as appropriate, Executive agencies to 
        provide--
                    ``(A) shared services, such as support for 
                conducting Federal research security risk assessments, 
                activities to mitigate such risks, and oversight and 
                investigations with respect to grants awarded by 
                Executive agencies; and
                    ``(B) common contract solutions to support enhanced 
                information collection and sharing and the verification 
                of the identities of persons participating in federally 
                funded research and development.
            ``(6) Identifying and issuing guidance, in accordance with 
        subsection (d) and in coordination with the National Insider 
        Threat Task Force established by Executive Order 13587 (50 
        U.S.C. 3161 note) for developing and implementing insider 
        threat programs for Executive agencies to deter, detect, and 
        mitigate insider threats, including the safeguarding of 
        sensitive information from exploitation, compromise, or other 
        unauthorized disclosure, taking into account risk levels and 
        the distinct needs, missions, and systems of each such agency.
            ``(7) Identifying and issuing guidance for developing 
        compliance and oversight programs for Executive agencies to 
        ensure that research and development grant recipients 
        accurately report conflicts of interest and conflicts of 
        commitment in accordance with subsection (b)(1). Such programs 
        shall include an assessment of--
                    ``(A) a grantee's support from foreign sources and 
                affiliations with foreign funding institutions or 
                laboratories; and
                    ``(B) the impact of such support and affiliations 
                on United States national security and economic 
                interests.
            ``(8) Assessing and making recommendations with respect to 
        whether openly sharing certain types of federally funded 
        research and development is in the economic and national 
        security interests of the United States.
            ``(9) Identifying and issuing guidance to the United States 
        research community, and other recipients of Federal research 
        and development funding, to ensure that such institutions and 
        recipients adopt existing best practices to reduce the risk of 
        misappropriation of research data.
            ``(10) Identifying and issuing guidance on additional steps 
        that may be necessary to address Federal research security 
        risks arising in the course of Executive agencies providing 
        shared services and common contract solutions under paragraph 
        (5)(B).
            ``(11) Engaging with the United States research community 
        in performing the functions described in paragraphs (1), (2), 
        and (3) and with respect to issues relating to Federal research 
        security risks.
            ``(12) Carrying out such other functions, as determined by 
        the Council, that are necessary to reduce Federal research 
        security risks.
    ``(b) Requirements for Uniform Grant Application Process.--In 
developing the uniform application process for Federal research and 
development grants required under subsection (a)(1), the Council 
shall--
            ``(1) ensure that the process--
                    ``(A) requires principal investigators, co-
                principal investigators, and senior personnel 
                associated with the proposed Federal research or 
                development grant project--
                            ``(i) to disclose biographical information, 
                        all affiliations, including any foreign 
                        military, foreign government-related 
                        organizations, and foreign-funded institutions, 
                        and all current and pending support, including 
                        from foreign institutions, foreign governments, 
                        or foreign laboratories, and all support 
                        received from foreign sources; and
                            ``(ii) to certify the accuracy of the 
                        required disclosures under penalty of perjury; 
                        and
                    ``(B) uses a machine-readable application form to 
                assist in identifying fraud and ensuring the 
                eligibility of applicants;
            ``(2) design the process--
                    ``(A) to reduce the administrative burden on 
                persons applying for Federal research and development 
                funding; and
                    ``(B) to promote information sharing across the 
                United States research community, while safeguarding 
                sensitive information; and
            ``(3) complete the process not later than 1 year after the 
        date of the enactment of the Safeguarding American Innovation 
        Act.
    ``(c) Requirements for Information Sharing Criteria.--In 
identifying or developing criteria and procedures for sharing 
information with respect to Federal research security risks under 
subsection (a)(3), the Council shall ensure that such criteria address, 
at a minimum--
            ``(1) the information to be shared;
            ``(2) the circumstances under which sharing is mandated or 
        voluntary;
            ``(3) the circumstances under which it is appropriate for 
        an Executive agency to rely on information made available 
        through such sharing in exercising the responsibilities and 
        authorities of the agency under applicable laws relating to the 
        award of grants;
            ``(4) the procedures for protecting intellectual capital 
        that may be present in such information; and
            ``(5) appropriate privacy protections for persons involved 
        in Federal research and development.
    ``(d) Requirements for Insider Threat Program Guidance.--In 
identifying or developing guidance with respect to insider threat 
programs under subsection (a)(6), the Council shall ensure that such 
guidance provides for, at a minimum--
            ``(1) such programs--
                    ``(A) to deter, detect, and mitigate insider 
                threats; and
                    ``(B) to leverage counterintelligence, security, 
                information assurance, and other relevant functions and 
                resources to identify and counter insider threats; and
            ``(2) the development of an integrated capability to 
        monitor and audit information for the detection and mitigation 
        of insider threats, including through--
                    ``(A) monitoring user activity on computer networks 
                controlled by Executive agencies;
                    ``(B) providing employees of Executive agencies 
                with awareness training with respect to insider threats 
                and the responsibilities of employees to report such 
                threats;
                    ``(C) gathering information for a centralized 
                analysis, reporting, and response capability; and
                    ``(D) information sharing to aid in tracking the 
                risk individuals may pose while moving across programs 
                and affiliations;
            ``(3) the development and implementation of policies and 
        procedures under which the insider threat program of an 
        Executive agency accesses, shares, and integrates information 
        and data derived from offices within the agency;
            ``(4) the designation of senior officials with authority to 
        provide management, accountability, and oversight of the 
        insider threat program of an Executive agency and to make 
        resource recommendations to the appropriate officials; and
            ``(5) such additional guidance as is necessary to reflect 
        the distinct needs, missions, and systems of each Executive 
        agency.
    ``(e) Issuance of Warnings Relating to Risks and Vulnerabilities in 
International Scientific Cooperation.--
            ``(1) In general.--The Council, in conjunction with the 
        lead security advisor under section 7902(c)(4), shall establish 
        a process for informing members of the United States research 
        community and the public, through the issuance of warnings 
        described in paragraph (2), of potential risks and 
        vulnerabilities in international scientific cooperation that 
        may undermine the integrity and security of the United States 
        research community or place at risk any federally funded 
        research and development.
            ``(2) Content.--A warning described in this paragraph shall 
        include, to the extent the Council considers appropriate, a 
        description of--
                    ``(A) activities by the national government, local 
                governments, research institutions, or universities of 
                a foreign country--
                            ``(i) to exploit, interfere, or undermine 
                        research and development by the United States 
                        research community; or
                            ``(ii) to misappropriate scientific 
                        knowledge resulting from federally funded 
                        research and development;
                    ``(B) efforts by strategic competitors to exploit 
                the research enterprise of a foreign country that may 
                place at risk--
                            ``(i) the science and technology of that 
                        foreign country; or
                            ``(ii) federally funded research and 
                        development; and
                    ``(C) practices within the research enterprise of a 
                foreign country that do not adhere to the United States 
                scientific values of openness, transparency, 
                reciprocity, integrity, and merit-based competition.
    ``(f) Program Office and Committees.--The interagency working group 
established under section 1746 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116-92) shall be a working group 
under the Council performing duties authorized under such section and 
as directed by the Council. The Council shall use any findings or work 
product, existing or forthcoming, by such working group. The Council 
may also establish a program office and any committees, working groups, 
or other constituent bodies the Council deems appropriate, in its sole 
and unreviewable discretion, to carry out its functions.
    ``(g) Exclusion Orders.--To reduce Federal research security risk, 
the Interagency Suspension and Debarment Committee shall provide 
quarterly reports to the Council that detail--
            ``(1) the number of ongoing investigations by Council 
        Members related to Federal research security that may result, 
        or have resulted, in agency pre-notice letters, suspensions, 
        proposed debarments, and debarments;
            ``(2) Federal agencies' performance and compliance with 
        interagency suspensions and debarments;
            ``(3) efforts by the Interagency Suspension and Debarment 
        Committee to mitigate Federal research security risk;
            ``(4) proposals for developing a unified Federal policy on 
        suspensions and debarments; and
            ``(5) other current suspension and debarment related 
        issues.
``Sec. 7904. Strategic plan
    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this chapter, the Council shall develop a strategic plan 
for addressing Federal research security risks and for managing such 
risks, that includes--
            ``(1) the criteria and processes required under section 
        7903(a), including a threshold and requirements for sharing 
        relevant information about such risks with all Executive 
        agencies and, as appropriate, with other Federal entities, 
        foreign governments, and non-Federal entities;
            ``(2) an identification of existing authorities for 
        addressing such risks;
            ``(3) an identification and promulgation of best practices 
        and procedures, and an identification of available resources, 
        for Executive agencies to assess and mitigate such risks;
            ``(4) recommendations for any legislative, regulatory, or 
        other policy changes to improve efforts to address such risks;
            ``(5) recommendations for any legislative, regulatory, or 
        other policy changes to incentivize the adoption of best 
        practices for avoiding and mitigating Federal research security 
        risks by the United States research community and key United 
        States foreign research partners;
            ``(6) an evaluation of the effect of implementing new 
        policies or procedures on existing Federal grant processes, 
        regulations, and disclosures of conflicts of interest and 
        conflicts of commitment;
            ``(7) a plan for engaging with Executive agencies, the 
        private sector, and other nongovernmental stakeholders to 
        address such risks and share information between Executive 
        agencies, the private sector, and nongovernmental stakeholders; 
        and
            ``(8) a plan for identification, assessment, mitigation, 
        and vetting of Federal research security risks.
    ``(b) Submission to Congress.--Not later than 7 calendar days after 
completion of the strategic plan required by subsection (a), the 
Chairperson of the Council shall submit the plan to the appropriate 
congressional committees.
``Sec. 7905. Annual report
    ``Not later than December 15 of each year, the Chairperson of the 
Council shall submit a report to the appropriate congressional 
committees that describes--
            ``(1) the activities of the Council during the preceding 
        fiscal year; and
            ``(2) the progress made toward implementing the strategic 
        plan required under section 7904 after such plan has been 
        submitted to Congress.
``Sec. 7906. Requirements for Executive agencies
    ``(a) In General.--The head of each Executive agency on the Council 
shall be responsible for--
            ``(1) assessing Federal research security risks posed by 
        persons participating in federally funded research and 
        development;
            ``(2) avoiding or mitigating such risks, as appropriate and 
        consistent with the standards, guidelines, requirements, and 
        practices identified by the Council under section 7903(a);
            ``(3) prioritizing Federal research security risk 
        assessments conducted under paragraph (1) based on the 
        applicability and relevance of the research and development to 
        the national security and economic competitiveness of the 
        United States; and
            ``(4) ensuring that all agency initiatives impacting 
        Federally funded research grant making policy and management to 
        protect the national and economic security interests of the 
        United States are integrated with the activities of the 
        Council.
    ``(b) Inclusions.--The responsibility of the head of an Executive 
agency for assessing Federal research security risk described in 
subsection (a) includes--
            ``(1) developing an overall Federal research security risk 
        management strategy and implementation plan and policies and 
        processes to guide and govern Federal research security risk 
        management activities by the Executive agency;
            ``(2) integrating Federal research security risk management 
        practices throughout the lifecycle of the grant programs of the 
        Executive agency;
            ``(3) sharing relevant information with other Executive 
        agencies, as determined appropriate by the Council in a manner 
        consistent with section 7903; and
            ``(4) reporting on the effectiveness of the Federal 
        research security risk management strategy of the Executive 
        agency consistent with guidance issued by the Office of 
        Management and Budget and the Council.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
title 31, United States Code, is amended by inserting after the item 
relating to chapter 77 the following new item:

``79. Federal Research Security Council.....................   7901.''.

SEC. 204. FEDERAL GRANT APPLICATION FRAUD.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
    ``(a) Definitions.--In this section:
            ``(1) Federal agency.--The term `Federal agency' has the 
        meaning given the term `agency' in section 551 of title 5, 
        United States Code.
            ``(2) Federal grant.--The term `Federal grant'--
                    ``(A) means a grant awarded by a Federal agency;
                    ``(B) includes a subgrant awarded by a non-Federal 
                entity to carry out a Federal grant program; and
                    ``(C) does not include--
                            ``(i) direct United States Government cash 
                        assistance to an individual;
                            ``(ii) a subsidy;
                            ``(iii) a loan;
                            ``(iv) a loan guarantee; or
                            ``(v) insurance.
            ``(3) Federal grant application.--The term `Federal grant 
        application' means an application for a Federal grant.
            ``(4) Foreign compensation.--The term `foreign 
        compensation' means a title, monetary compensation, access to a 
        laboratory or other resource, or other benefit received from--
                    ``(A) a foreign government;
                    ``(B) a foreign government institution; or
                    ``(C) a foreign public enterprise.
            ``(5) Foreign government.--The term `foreign government' 
        includes a person acting or purporting to act on behalf of--
                    ``(A) a faction, party, department, agency, bureau, 
                subnational administrative entity, or military of a 
                foreign country; or
                    ``(B) a foreign government or a person purporting 
                to act as a foreign government, regardless of whether 
                the United States recognizes the government.
            ``(6) Foreign government institution.--The term `foreign 
        government institution' means a foreign entity owned by, 
        subject to the control of, or subject to regulation by a 
        foreign government.
            ``(7) Foreign public enterprise.--The term `foreign public 
        enterprise' means an enterprise over which a foreign government 
        directly or indirectly exercises a dominant influence.
            ``(8) Law enforcement agency.--The term `law enforcement 
        agency'--
                    ``(A) means a Federal, State, local, or Tribal law 
                enforcement agency; and
                    ``(B) includes--
                            ``(i) the Office of Inspector General of an 
                        establishment (as defined in section 12 of the 
                        Inspector General Act of 1978 (5 U.S.C. App.)) 
                        or a designated Federal entity (as defined in 
                        section 8G(a) of the Inspector General Act of 
                        1978 (5 U.S.C. App.)); and
                            ``(ii) the Office of Inspector General, or 
                        similar office, of a State or unit of local 
                        government.
            ``(9) Outside compensation.--The term `outside 
        compensation' means any compensation, resource, or support 
        regardless of monetary value made available to the applicant in 
        support of or related to any research endeavor, including, but 
        not limited to, a title, research grant, cooperative agreement, 
        contract, institutional award, access to a laboratory, or other 
        resource, including, but not limited to, materials, travel 
        compensation, or work incentives.
    ``(b) Prohibition.--It shall be unlawful for any individual to 
knowingly--
            ``(1) prepare or submit a Federal grant application that 
        fails to disclose the receipt of any outside compensation, 
        including foreign compensation, by the individual;
            ``(2) forge, counterfeit, or otherwise falsify a document 
        for the purpose of obtaining a Federal grant; or
            ``(3) prepare, submit, or assist in the preparation or 
        submission of a Federal grant application or document in 
        connection with a Federal grant application that--
                    ``(A) contains a false statement;
                    ``(B) contains a material misrepresentation;
                    ``(C) has no basis in law or fact; or
                    ``(D) fails to disclose a material fact.
    ``(c) Exception.--Subsection (b) does not apply to an activity--
            ``(1) carried out in connection with a lawfully authorized 
        investigative, protective, or intelligence activity of--
                    ``(A) a law enforcement agency; or
                    ``(B) a Federal intelligence agency; or
            ``(2) authorized under chapter 224.
    ``(d) Penalty.--Any individual who violates subsection (b)--
            ``(1) shall be fined in accordance with this title, 
        imprisoned for not more than 5 years, or both; and
            ``(2) shall be prohibited from receiving a Federal grant 
        during the 5-year period beginning on the date on which a 
        sentence is imposed on the individual under paragraph (1).''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Federal grant application fraud.''.

SEC. 205. RESTRICTING THE ACQUISITION OF GOODS, TECHNOLOGIES, AND 
              SENSITIVE INFORMATION TO CERTAIN ALIENS.

    (a) Grounds of Inadmissibility.--Section 212(a)(3)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)(i)) is amended 
to read as follows:
                            ``(i) any activity--
                                    ``(I) to violate any law of the 
                                United States relating to espionage or 
                                sabotage;
                                    ``(II) to violate or evade any law 
                                prohibiting the export from the United 
                                States of goods, technologies, or 
                                sensitive information; or
                                    ``(III) to acquire export-
                                controlled goods, technologies, or 
                                sensitive information (notwithstanding 
                                any exclusions for items not normally 
                                subject to export controls) if the 
                                Secretary of State has determined that 
                                the acquisition of those goods, 
                                technologies, or sensitive information 
                                by a category of aliens that includes 
                                such alien would be contrary to an 
                                articulable national security 
                                (including economic security) interest 
                                of the United States;''.
    (b) Determining Factors.--
            (1) In general.--In establishing criteria for determining 
        whether an alien is included in a category of aliens that may 
        be inadmissible under section 212(a)(3)(A)(i)(III) of the 
        Immigration and Nationality Act, as amended by subsection (a), 
        officials of the Department of State shall--
                    (A) seek advice and assistance from officials at 
                the Office of the Director of National Intelligence, 
                the Office of Science and Technology Policy, the 
                Department of Health and Human Services, the Department 
                of Defense, the Department of Homeland Security, the 
                Department of Energy, the Department of Commerce, and 
                other appropriate Federal agencies;
                    (B) consider factors such as the alien's past or 
                likely employment or cooperation with--
                            (i) foreign military and security related 
                        organizations that are adversarial to the 
                        United States;
                            (ii) foreign institutions involved in the 
                        theft of United States research;
                            (iii) entities involved in export control 
                        violations or the theft of intellectual 
                        property; and
                            (iv) a government that seeks to undermine 
                        the integrity and security of the United States 
                        research community; and
                    (C) weigh the proportionality of risk for the 
                factors listed in subparagraph (B).
            (2) Machine-readable documents.--Not later than 1 year 
        after the date of the enactment of this Act, the Secretary of 
        State shall--
                    (A) use a machine-readable visa application form; 
                and
                    (B) make available documents submitted in support 
                of a visa application in a machine readable format to 
                assist in--
                            (i) identifying fraud;
                            (ii) conducting lawful law enforcement 
                        activities; and
                            (iii) determining the eligibility of 
                        applicants for a visa under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
    (c) Reporting Requirement.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
State, in coordination with the Director of National Intelligence, the 
Director of the Office of Science and Technology Policy, the Secretary 
of Homeland Security, the Secretary of Defense, the Secretary of 
Energy, the Secretary of Commerce, and the heads of other appropriate 
Federal agencies, shall submit a report to Congress that identifies--
            (1) the criteria used to describe the category of aliens to 
        which such section 212(a)(3)(A)(i)(III) may apply; and
            (2) the number of individuals determined to be inadmissible 
        under such section 212(a)(3)(A)(i)(III), including the 
        nationality of each such individual.
    (d) Classification of Annual Report.--Each annual report required 
under subsection (c) shall be submitted, to the extent practicable, in 
an unclassified form, but may be accompanied by a classified appendix 
detailing the criteria used to describe the category of aliens to which 
such section 212(a)(3)(A)(i)(III) applies if the Secretary of State 
determines that such action--
            (1) is in the national security and economic security 
        interests of the United States; or
            (2) is necessary to further the purposes of this title.
    (e) Report.--Not later than 45 days after date of the enactment of 
this Act, the Secretary of State shall submit a report to the Committee 
on Homeland Security and Governmental Affairs of the Senate, the 
Committee on Commerce, Science, and Transportation of the Senate, the 
Select Committee on Intelligence of the Senate, the Committee on 
Foreign Relations of the Senate; the Committee on Oversight and Reform 
of the House of Representatives, the Committee on Homeland Security of 
the House of Representatives, the Committee on Energy and Commerce of 
the House of Representatives, the Permanent Select Committee on 
Intelligence of the House of Representatives, and the Committee on 
Foreign Affairs of the House of Representatives that--
            (1) describes how supplementary documents provided by a 
        visa applicant in support of a visa application are stored and 
        shared by the Department of State with authorized Federal 
        agencies;
            (2) identifies the sections of a visa application that are 
        machine-readable and the sections that are not machine-
        readable;
            (3) provides cost estimates, including personnel costs and 
        a cost-benefit analysis for adopting different technologies, 
        including optical character recognition, for--
                    (A) making every element of a visa application, and 
                documents submitted in support of a visa application, 
                machine-readable; and
                    (B) ensuring that such system--
                            (i) protects personally-identifiable 
                        information; and
                            (ii) permits the sharing of visa 
                        information with Federal agencies in accordance 
                        with existing law; and
            (4) includes an estimated timeline for completing the 
        implementation of subsection (b)(2).

SEC. 206. LIMITATIONS ON EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

    Section 102(b)(5) of the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2452(b)(5)) is amended by striking the semicolon 
at the end and inserting the following: ``by developing exchange 
programs for foreign researchers and scientists, while protecting 
technologies regulated by export control laws important to the national 
security and economic interests of the United States, including 
requiring sponsors--
                    ``(A) to disclose to the Department of State 
                whether an exchange visitor, as a primary part of his 
                or her exchange program, will have released to them 
                controlled technology or technical data regulated by 
                export control laws at sponsor organizations through 
                research activities, lectures, course work, sponsor 
                employees, officers, agents, third parties at which the 
                sponsor places the exchange visitor, volunteers, or 
                other individuals or entities associated with a 
                sponsor's administration of the exchange visitor 
                program;
                    ``(B) to provide a plan to the Department of State 
                that establishes appropriate program safeguards to 
                prevent the unauthorized release of controlled 
                technology or technical data regulated by export 
                control laws at sponsor organizations or through their 
                employees, officers, agents, third parties, volunteers, 
                or other individuals or entities associated with a 
                sponsor's administration of the exchange visitor 
                program; and
                    ``(C) to demonstrate, to the satisfaction of the 
                Secretary of State, that programs that will release 
                controlled technology or technical data to an exchange 
                visitor at the sponsor organization through exchange 
                visitor programs have received appropriate 
                authorization from the Department of State, the 
                Department of Commerce, other cognizant Federal agency 
                before the sponsor releases controlled technology or 
                technical data;''.

SEC. 207. AMENDMENTS TO DISCLOSURES OF FOREIGN GIFTS.

    Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) 
is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Disclosure Report.--
            ``(1) In general.--An institution shall file a disclosure 
        report with the Secretary not later than March 31 occurring 
        after--
                    ``(A) the calendar year in which a foreign source 
                gains ownership of, or control over, the institution; 
                or
                    ``(B) the calendar year in which the institution 
                receives a gift from, or enters into a contract with, a 
                foreign source, the value of which is $50,000 or more, 
                considered alone or in combination with all other gifts 
                from or contracts with that foreign source within a 
                calendar year.
            ``(2) Revisions; updates.--The Secretary shall permit 
        institutions to revise and update disclosure reports previously 
        filed to ensure accuracy, compliance, and the ability to 
        cure.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Contents of Report.--Each report to the Secretary required by 
this section shall contain the following:
            ``(1) For gifts received from or contracts entered into 
        with a foreign source other than a foreign government, the 
        aggregate dollar amount of such gifts and contracts 
        attributable to a particular country and the legal or formal 
        name of the foreign source. The country to which a gift is 
        attributable is the country of citizenship, or if unknown, the 
        principal residence for a foreign source who is a natural 
        person, and the country of incorporation, or if unknown, the 
        principal place of business, for a foreign source which is a 
        legal entity.
            ``(2) For gifts received from or contracts entered into 
        with a foreign government, the aggregate amount of such gifts 
        and contracts received from each foreign government.
            ``(3) In the case of an institution which is owned or 
        controlled by a foreign source, the identity of the foreign 
        source, the date on which the foreign source assumed ownership 
        or control, and any changes in program or structure resulting 
        from the change in ownership or control.
            ``(4) An assurance that the institution will maintain true 
        copies of gift and contract agreements subject to the 
        disclosure requirements under this section for at least the 
        duration of the agreement.
            ``(5) An assurance that the institution will produce true 
        copies of gift and contract agreements subject to the 
        disclosure requirements under this section upon request of the 
        Secretary during a compliance audit or other institutional 
        investigation.'';
            (3) by amending subsection (e) to read as follows:
    ``(e) Public Inspection.--Not later than 30 days after receiving a 
disclosure report under this section, the Secretary shall make such 
report electronically available to the public for downloading on a 
searchable database under which institutions can be individually 
identified and compared.'';
            (4) in subsection (f), by adding at the end the following:
            ``(3) Fines.--
                    ``(A) In general.--The Secretary may impose a fine 
                on any institution that repeatedly fails to file a 
                disclosure report for a receipt of a gift from or 
                contract with a foreign source in accordance with 
                subsection (a) in an amount that is not more than 3 
                times the amount of the gift or contract with the 
                foreign source.
                    ``(B) Definition of repeatedly fails.--In this 
                paragraph, the term `repeatedly fails' means that the 
                institution failed to file a disclosure report for a 
                receipt of a gift from or contract with a foreign 
                source in 3 consecutive years.'';
            (5) by amending subsection (g) to read as follows:
    ``(g) Rulemaking.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Safeguarding American Innovation Act, the 
        Secretary shall issue regulations to carry out this section 
        using the negotiated rulemaking procedure set forth in section 
        492(b).
            ``(2) Elements.--Regulations issued pursuant to paragraph 
        (1) shall--
                    ``(A) incorporate instructions for--
                            ``(i) reporting structured gifts and 
                        contracts; and
                            ``(ii) reporting contracts that balances 
                        the need for transparency, while protecting the 
                        proprietary information of institutes of higher 
                        education; and
                    ``(B) clarify the definition of `subunit', for 
                purposes of subsection (i)(4)(C).'';
            (6) by redesignating subsection (h) as subsection (i);
            (7) by inserting after subsection (g) the following:
    ``(h) Treatment of Tuition Payment.--A tuition and related fees and 
expenses payment to an institution by, or a scholarship from, a foreign 
source made on behalf of a student enrolled at such institution shall 
not be considered a gift from or contract with a foreign source under 
this section.''; and
            (8) in subsection (i), as redesignated--
                    (A) in paragraph (3), by striking ``or property'' 
                and inserting ``, property, human resources, or staff, 
                including staff salaries''; and
                    (B) in paragraph (5)(B), by inserting ``institutes, 
                instructional programs,'' after ``centers,''.

   TITLE III--CHIPS FOR AMERICA ACT (CREATING HELPFUL INCENTIVES TO 
                  PRODUCE SEMICONDUCTORS FOR AMERICA)

SEC. 301. SEMICONDUCTOR INCENTIVE GRANTS.

    (a) Definitions.--In this section--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Commerce, Science, and Transportation, the 
                Committee on Foreign Relations, the Committee on Armed 
                Services, the Committee on Appropriations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Energy and Commerce, the Committee on 
                Foreign Affairs, the Committee on Armed Services, the 
                Committee on Science, Space, and Technology, the 
                Committee on Appropriations, the Committee on Financial 
                Services, and the Committee on Homeland Security of the 
                House of Representatives;
            (2) the term ``covered entity'' means a private entity, a 
        consortium of private entities, or a consortium of public and 
        private entities with a demonstrated ability to construct, 
        expand, or modernize a facility relating to the fabrication, 
        assembly, testing, advanced packaging, or advanced research and 
        development of semiconductors;
            (3) the term ``covered incentive''--
                    (A) means an incentive offered by a governmental 
                entity to a covered entity for the purposes of 
                constructing within the jurisdiction of the 
                governmental entity, or expanding or modernizing an 
                existing facility within that jurisdiction, a facility 
                described in paragraph (2); and
                    (B) includes any tax incentive (such as an 
                incentive or reduction with respect to employment or 
                payroll taxes or a tax abatement with respect to 
                personal or real property), a workforce-related 
                incentive (including a grant agreement relating to 
                workforce training or vocational education), any 
                concession with respect to real property, funding for 
                research and development with respect to 
                semiconductors, and any other incentive determined 
                appropriate by the Secretary, in consultation with the 
                Secretary of State;
            (4) the term ``foreign adversary'' means any foreign 
        government or foreign nongovernment person that is engaged in a 
        long-term pattern, or is involved in a serious instance, of 
        conduct that is significantly adverse to--
                    (A) the national security of the United States or 
                an ally of the United States; or
                    (B) the security and safety of United States 
                persons;
            (5) the term ``governmental entity'' means a State or local 
        government;
            (6) the term ``Secretary'' means the Secretary of Commerce; 
        and
            (7) the term ``semiconductor'' has the meaning given the 
        term by the Secretary.
    (b) Grant Program.--
            (1) In general.--The Secretary shall establish in the 
        Department of Commerce a program that, in accordance with the 
        requirements of this section, provides grants to covered 
        entities.
            (2) Procedure.--
                    (A) In general.--A covered entity shall submit to 
                the Secretary an application that describes the project 
                for which the covered entity is seeking a grant under 
                this section.
                    (B) Eligibility.--In order for a covered entity to 
                qualify for a grant under this section, the covered 
                entity shall demonstrate to the Secretary, in the 
                application submitted by the covered entity under 
                subparagraph (A), that--
                            (i) the covered entity has a documented 
                        interest in constructing, expanding, or 
                        modernizing a facility described in subsection 
                        (a)(2); and
                            (ii) with respect to the project described 
                        in clause (i), the covered entity has--
                                    (I) been offered a covered 
                                incentive;
                                    (II) made commitments to worker and 
                                community investment, including 
                                through--
                                            (aa) training and education 
                                        benefits paid by the covered 
                                        entity; and
                                            (bb) programs to expand 
                                        employment opportunity for 
                                        economically disadvantaged 
                                        individuals; and
                                    (III) secured commitments from 
                                regional educational and training 
                                entities and institutions of higher 
                                education to provide workforce 
                                training, including programming for 
                                training and job placement of 
                                economically disadvantaged individuals.
                    (C) Considerations for review.--With respect to the 
                review by the Secretary of an application submitted by 
                a covered entity under subparagraph (A)--
                            (i) the Secretary may not approve the 
                        application unless the Secretary--
                                    (I) confirms that the covered 
                                entity has satisfied the eligibility 
                                criteria under subparagraph (B); and
                                    (II) determines that the project to 
                                which the application relates is in the 
                                interest of the United States; and
                            (ii) the Secretary may consider whether--
                                    (I) the covered entity has 
                                previously received a grant made under 
                                this subsection; and
                                    (II) the governmental entity 
                                offering the applicable covered 
                                incentive has benefitted from a grant 
                                previously made under this subsection.
            (3) Amount.--The amount of a grant made by the Secretary to 
        a covered entity under this subsection shall be in an amount 
        that is not more than $3,000,000,000.
            (4) Use of funds.--A covered entity that receives a grant 
        under this subsection may only use the grant amounts to--
                    (A) finance the construction, expansion, or 
                modernization of a facility described in subsection 
                (a)(2), as documented in the application submitted by 
                the covered entity under paragraph (2)(A), or for 
                similar uses in state of practice and legacy 
                facilities, as determined necessary by the Secretary 
                for purposes relating to the national security and 
                economic competitiveness of the United States;
                    (B) support workforce development for the facility 
                described in subparagraph (A); or
                    (C) support site development for the facility 
                described in subparagraph (A).
            (5) Clawback.--The Secretary shall recover the full amount 
        of a grant provided to a covered entity under this subsection 
        if--
                    (A) as of the date that is 5 years after the date 
                on which the Secretary makes the grant, the project to 
                which the grant relates has not been completed, except 
                that the Secretary may issue a waiver with respect to 
                the requirement under this subparagraph if the 
                Secretary determines that issuing such a waiver is 
                appropriate and in the interests of the United States; 
                or
                    (B) during the applicable term with respect to the 
                grant, the covered entity engages in any joint research 
                or technology licensing effort--
                            (i) with the Government of the People's 
                        Republic of China, the Government of the 
                        Russian Federation, the Government of Iran, the 
                        Government of North Korea, or another foreign 
                        adversary; and
                            (ii) that relates to a sensitive technology 
                        or product, as determined by the Secretary.
    (c) Consultation and Coordination Required.--In carrying out the 
program established under subsection (b), the Secretary shall consult 
and coordinate with the Secretary of State and the Secretary of 
Defense.
    (d) GAO Reviews.--The Comptroller General of the United States 
shall--
            (1) not later than 2 years after the date of enactment of 
        this Act, and biennially thereafter until the date that is 10 
        years after that date of enactment, conduct a review of the 
        program established under subsection (b), which shall include, 
        at a minimum--
                    (A) a determination of the number of instances in 
                which grants were provided under that subsection during 
                the period covered by the review in violation of a 
                requirement of this section;
                    (B) an evaluation of how--
                            (i) the program is being carried out, 
                        including how recipients of grants are being 
                        selected under the program; and
                            (ii) other Federal programs are leveraged 
                        for manufacturing, research, and training to 
                        complement the grants awarded under the 
                        program; and
                    (C) a description of the outcomes of projects 
                supported by grants made under the program, including a 
                description of--
                            (i) facilities described in subsection 
                        (a)(2) that were constructed, expanded, or 
                        modernized as a result of grants made under the 
                        program;
                            (ii) research and development carried out 
                        with grants made under the program; and
                            (iii) workforce training programs carried 
                        out with grants made under the program, 
                        including efforts to hire individuals from 
                        disadvantaged populations; and
            (2) submit to the appropriate committees of Congress the 
        results of each review conducted under paragraph (1).

SEC. 302. DEPARTMENT OF DEFENSE.

    (a) Department of Defense Efforts.--
            (1) In general.--The Secretary of Defense shall, in 
        consultation with the Secretary of Commerce, the Secretary of 
        Homeland Security, and the Director of National Intelligence, 
        work with the private sector through a public-private 
        partnership, including by incentivizing the formation of a 
        consortium of United States companies, to ensure the 
        development and production of advanced, measurably secure 
        microelectronics for use by the Department of Defense, the 
        intelligence community, critical infrastructure sectors, and 
        other national security applications. Such work may include 
        providing incentives for the creation, expansion, or 
        modernization of one or more commercially competitive and 
        sustainable microelectronics manufacturing or advanced research 
        and development facilities.
            (2) Risk mitigation requirements.--A participant in a 
        consortium formed with incentives under paragraph (1) shall--
                    (A) have the potential to perform fabrication, 
                assembly, package, or test functions for 
                microelectronics deemed critical to national security 
                as defined by export control regulatory agencies in 
                consultation with the National Security Adviser and the 
                Secretary of Defense;
                    (B) include management processes to identify and 
                mitigate supply chain security risks; and
                    (C) be able to produce microelectronics consistent 
                with applicable measurably secure supply chain and 
                operational security standards established under 
                section 224(b) of the National Defense Authorization 
                Act for Fiscal Year 2020 (Public Law 116-92).
            (3) National security considerations.--The Secretary of 
        Defense and the Director of National Intelligence shall select 
        participants for the consortium formed with incentives under 
        paragraph (1). In selecting such participants, the Secretary 
        and the Director may jointly consider whether the United States 
        companies--
                    (A) have participated in previous programs and 
                projects of the Department of Defense, Department of 
                Energy, or the intelligence community, including--
                            (i) the Trusted Integrated Circuit program 
                        of the Intelligence Advanced Research Projects 
                        Activity;
                            (ii) trusted and assured microelectronics 
                        projects, as administered by the Department of 
                        Defense;
                            (iii) the Electronics Resurgence Initiative 
                        (ERI) program of the Defense Advanced Research 
                        Projects Agency; or
                            (iv) relevant semiconductor research 
                        programs of Advanced Research Projects Agency-
                        Energy;
                    (B) have demonstrated an ongoing commitment to 
                performing contracts for the Department of Defense and 
                the intelligence community;
                    (C) are approved by the Defense Counterintelligence 
                and Security Agency or the Office of the Director of 
                National Intelligence as presenting an acceptable 
                security risk, taking into account supply chain 
                assurance vulnerabilities, counterintelligence risks, 
                and any risks presented by companies whose owners are 
                located outside the United States; and
                    (D) are evaluated periodically for foreign 
                ownership, control, or influence by foreign 
                adversaries.
            (4) Nontraditional defense contractors and commercial 
        entities.--Arrangements entered into to carry out paragraph (1) 
        shall be in such form as the Secretary of Defense determines 
        appropriate to encourage industry participation of 
        nontraditional defense contractors or commercial entities and 
        may include a contract, a grant, a cooperative agreement, a 
        commercial agreement, the use of other transaction authority 
        under section 2371 of title 10, United States Code, or another 
        such arrangement.
            (5) Discharge.--The Secretary of Defense shall carry out 
        paragraph (1) jointly through the Office of the Under Secretary 
        of Defense for Research and Engineering and the Office of the 
        Under Secretary of Defense for Acquisition and Sustainment, or 
        such other component of the Department of Defense as the 
        Secretary considers appropriate.
            (6) Other initiatives.--The Secretary of Defense shall 
        dedicate initiatives within the Department of Defense to 
        advance radio frequency, mixed signal, radiation tolerant, and 
        radiation hardened microelectronics that support national 
        security and dual-use applications.
            (7) Reports.--
                    (A) Report by secretary of defense.--Not later than 
                90 days after the date of the enactment of this Act, 
                the Secretary of Defense shall submit to Congress a 
                report on the plans of the Secretary to carry out 
                paragraph (1).
                    (B) Biennial reports by comptroller general of the 
                united states.--Not later than 1 year after the date on 
                which the Secretary submits the report required by 
                subparagraph (A) and not less frequently than once 
                every 2 years thereafter for a period of 10 years, the 
                Comptroller General of the United States shall submit 
                to Congress a report on the activities carried out 
                under this subsection.
    (b) Defense Production Act of 1950 Efforts.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report on a plan for use by the Department of 
        Defense of authorities available in title III of the Defense 
        Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish 
        and enhance a domestic production capability for 
        microelectronics technologies and related technologies, subject 
        to the availability of appropriations for that purpose.
            (2) Consultation.--The President shall develop the plan 
        required by paragraph (1) in coordination with the Secretary of 
        Defense, and in consultation with the Secretary of State, the 
        Secretary of Commerce, and appropriate stakeholders in the 
        private sector.
    (c) Department of Defense Requirements for Sourcing From Domestic 
Microelectronics Design and Foundry Services.--
            (1) Requirements required.--Not later than 1 year after the 
        date of the enactment of this Act, the Secretary of Defense, in 
        coordination with the Secretary of Energy, the Secretary of 
        Homeland Security, and the Director of National Intelligence, 
        shall establish requirements, standards, and a timeline for 
        enforcement of such requirements, to the extent possible, for 
        domestic sourcing for microelectronics design and foundry 
        services, and for commercial microelectronics products, by 
        programs, contractors, subcontractors, and other recipients of 
        funding from the Department of Defense, Department of Energy, 
        Department of Homeland Security, and the Director of National 
        Intelligence.
            (2) Processes for waivers.--The requirements established 
        under paragraph (1) shall include processes to permit waivers 
        for specific contracts or transactions for domestic sourcing 
        requirements based on cost, availability, severity of technical 
        and mission requirements, emergency requirements and 
        operational needs, other legal or international treaty 
        obligations, or other factors.
            (3) Updates.--Not less frequently than once each year, the 
        Secretary shall--
                    (A) update the requirements and timelines 
                established under paragraph (1) and the processes under 
                paragraph (2); and
                    (B) submit to Congress a report on the updates made 
                under subparagraph (A).

SEC. 303. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS 
              TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE.

    (a) In General.--Commencing not later than 120 days after the date 
of the enactment of this Act, the Secretary of Commerce and the 
Secretary of Homeland Security, in consultation with the Secretary of 
Defense and the heads of other appropriate Federal departments and 
agencies, shall undertake a review, which shall include a survey, using 
authorities in section 705 of the Defense Production Act (50 U.S.C. 
4555), to assess the capabilities of the United States industrial base 
to support the national defense in light of the global nature of the 
supply chain and significant interdependencies between the United 
States industrial base and the industrial base of foreign countries 
with respect to the manufacture, design, and end use of 
microelectronics.
    (b) Response to Survey.--The Secretary shall ensure compliance with 
the survey from among all relevant potential respondents, including the 
following:
            (1) Corporations, partnerships, associations, or any other 
        organized groups domiciled and with substantial operations in 
        the United States.
            (2) Corporations, partnerships, associations, or any other 
        organized groups domiciled in the United States with operations 
        outside the United States.
            (3) Foreign domiciled corporations, partnerships, 
        associations, or any other organized groups with substantial 
        operations or business presence in, or substantial revenues 
        derived from, the United States.
            (4) Foreign domiciled corporations, partnerships, 
        associations, or any other organized groups in defense treaty 
        or assistance countries where the production of the entity 
        concerned involves critical technologies covered by section 2.
    (c) Information Requested.--The information sought from a 
responding entity pursuant to the survey required by subsection (a) 
shall include, at minimum, information on the following with respect to 
the manufacture. design, or end use of microelectronics by such entity:
            (1) An identification of the geographic scope of 
        operations.
            (2) Information on relevant cost structures.
            (3) An identification of types of microelectronics 
        development, manufacture, assembly, test, and packaging 
        equipment in operation at such entity.
            (4) An identification of all relevant intellectual 
        property, raw materials, and semi-finished goods and components 
        sourced domestically and abroad by such entity.
            (5) Specifications of the microelectronics manufactured or 
        designed by such entity, descriptions of the end-uses of such 
        microelectronics, and a description of any technical support 
        provided to end-users of such microelectronics by such entity.
            (6) Information on domestic and export market sales by such 
        entity.
            (7) Information on the financial performance, including 
        income and expenditures, of such entity.
            (8) A list of all foreign and domestic subsidies, and any 
        other financial incentives, received by such entity in each 
        market in which such entity operates.
            (9) A list of information requests from the People's 
        Republic of China to such entity, and a description of the 
        nature of each request and the type of information provided.
            (10) Information on any joint ventures, technology 
        licensing agreements, and cooperative research or production 
        arrangements of such entity.
            (11) A description of efforts by such entity to evaluate 
        and control supply chain risks it faces.
            (12) A list and description of any sales, licensing 
        agreements, or partnerships between such entity and the 
        People's Liberation Army or People's Armed Police, including 
        any business relationships with entities through which such 
        sales, licensing agreements, or partnerships may occur.
    (d) Report.--
            (1) In general.--The Secretary of Commerce shall, in 
        consultation with the Secretary of Defense, the Secretary of 
        Homeland Security, and the heads of other appropriate Federal 
        departments and agencies, submit to Congress a report on the 
        results of the review required by subsection (a). The report 
        shall include the following:
                    (A) An assessment of the results of the survey.
                    (B) A list of critical technology areas impacted by 
                potential disruptions in production of 
                microelectronics, and a detailed description and 
                assessment of the impact of such potential disruptions 
                on such areas.
                    (C) A description and assessment of gaps and 
                vulnerabilities in the microelectronics supply chain 
                and the national industrial supply base.
            (2) Form.--The report required by paragraph (1) may be 
        submitted in classified form.

SEC. 304. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE 
              MICROELECTRONICS AND MEASURABLY SECURE MICROELECTRONICS 
              SUPPLY CHAINS.

    (a) Multilateral Microelectronics Security Fund.--
            (1) Establishment of fund.--There is established in the 
        Treasury of the United States a trust fund, to be known as the 
        ``Multilateral Microelectronics Security Fund'' (in this 
        section referred to as the ``Fund''), consisting of such 
        amounts as may be appropriated to such Fund and any amounts 
        that may be credited to the Fund under paragraph (2).
            (2) Investment of amounts.--
                    (A) Investment of amounts.--The Secretary of the 
                Treasury shall invest such portion of the Fund as is 
                not required to meet current withdrawals in interest-
                bearing obligations of the United States or in 
                obligations guaranteed as to both principal and 
                interest by the United States.
                    (B) Interest and proceeds.--The interest on, and 
                the proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            (3) Use of fund.--
                    (A) In general.--Subject to subparagraph (B), 
                amounts in the Fund shall be available, as provided in 
                advance in an appropriations Act, to the Secretary of 
                State--
                            (i) to provide funding through the common 
                        funding mechanism described in subsection 
                        (b)(1) to support the development and adoption 
                        of measurably secure microelectronics and 
                        measurably secure microelectronics supply 
                        chains; and
                            (ii) to otherwise carry out this section.
                    (B) Availability contingent on international 
                agreement.--Amounts in the Fund shall be available to 
                the Secretary of State on and after the date on which 
                the Secretary enters into an agreement with the 
                governments of countries that are partners of the 
                United States to participate in the common funding 
                mechanism under paragraph (1) of subsection (b) and the 
                commitments described in paragraph (2) of that 
                subsection.
            (4) Availability of amounts.--
                    (A) In general.--Amounts in the Fund shall remain 
                available through the end of the tenth fiscal year 
                beginning after the date of the enactment of this Act.
                    (B) Remainder to treasury.--Any amounts remaining 
                in the Fund after the end of the fiscal year described 
                in subparagraph (A) shall be deposited in the general 
                fund of the Treasury.
    (b) Common Funding Mechanism for Development and Adoption of 
Measurably Secure Microelectronics and Measurably Secure 
Microelectronics Supply Chains.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary of Commerce, the Secretary of Defense, the 
        Secretary of Homeland Security, the Secretary of the Treasury, 
        and the Director of National Intelligence, shall seek to 
        establish a common funding mechanism, in coordination with the 
        governments of countries that are partners of the United 
        States, that uses amounts from the Fund, and amounts committed 
        by such governments, to support the development and adoption of 
        secure microelectronics and secure microelectronics supply 
        chains, including for use in research and development 
        collaborations among countries participating in the common 
        funding mechanism.
            (2) Mutual commitments.--The Secretary of State, in 
        consultation with the United States Trade Representative, the 
        Secretary of the Treasury, and the Secretary of Commerce, shall 
        seek to negotiate a set of mutual commitments with the 
        governments of countries that are partners of the United States 
        upon which to condition any expenditure of funds pursuant to 
        the common funding mechanism described in paragraph (1). Such 
        commitments shall, at a minimum--
                    (A) establish transparency requirements for any 
                subsidies or other financial benefits (including 
                revenue foregone) provided to microelectronics firms 
                located in or outside such countries;
                    (B) establish consistent policies with respect to 
                countries that--
                            (i) are not participating in the common 
                        funding mechanism; and
                            (ii) do not meet transparency requirements 
                        established under subparagraph (A);
                    (C) promote harmonized treatment of 
                microelectronics and verification processes for items 
                being exported to a country considered a national 
                security risk by a country participating in the common 
                funding mechanism;
                    (D) establish consistent policies and common 
                external policies to address nonmarket economies as the 
                behavior of such countries pertains to 
                microelectronics;
                    (E) align policies on supply chain integrity and 
                microelectronics security, including with respect to 
                protection and enforcement of intellectual property 
                rights; and
                    (F) promote harmonized foreign direct investment 
                screening measures with respect to microelectronics to 
                align with national and multilateral security 
                priorities.
    (c) Annual Report to Congress.--Not later than one year after the 
date of the enactment of this Act, and annually thereafter for each 
fiscal year during which amounts in the Fund are available under 
subsection (a)(4), the Secretary of State shall submit to Congress a 
report on the status of the implementation of this section that 
includes a description of--
            (1) any commitments made by the governments of countries 
        that are partners of the United States to providing funding for 
        the common funding mechanism described in subsection (b)(1) and 
        the specific amount so committed;
            (2) the criteria established for expenditure of funds 
        through the common funding mechanism;
            (3) how, and to whom, amounts have been expended from the 
        Fund;
            (4) amounts remaining in the Fund;
            (5) the progress of the Secretary of State toward entering 
        into an agreement with the governments of countries that are 
        partners of the United States to participate in the common 
        funding mechanism and the commitments described in subsection 
        (b)(2); and
            (6) any additional authorities needed to enhance the 
        effectiveness of the Fund in achieving the security goals of 
        the United States.

SEC. 305. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.

    (a) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on Intelligence, the Committee on 
        Commerce, Science, and Transportation, the Committee on Foreign 
        Relations, the Committee on Armed Services, the Committee on 
        Energy and Natural Resources, the Committee on Appropriations, 
        the Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate; and
            (2) the Permanent Select Committee on Intelligence, the 
        Committee on Energy and Commerce, the Committee on Foreign 
        Affairs, the Committee on Armed Services, the Committee on 
        Science, Space, and Technology, the Committee on Financial 
        Services, and the Committee on Homeland Security of the House 
        of Representatives.
    (b) Sense of Congress.--It is the sense of Congress that the 
leadership of the United States in semiconductor technology and 
innovation is critical to the economic growth and national security of 
the United States.
    (c) Subcommittee on Semiconductor Leadership.--
            (1) Establishment required.--The President shall establish 
        in the National Science and Technology Council a subcommittee 
        on matters relating to leadership of the United States in 
        semiconductor technology and innovation.
            (2) Duties.--The duties of the subcommittee established 
        under paragraph (1) are as follows:
                    (A) National strategy on semiconductor research.--
                            (i) Development.--In coordination with the 
                        Secretary of Defense, the Secretary of Energy, 
                        the Secretary of State, the Secretary of 
                        Commerce, the Secretary of Homeland Security, 
                        the Director of the National Science 
                        Foundation, and the Director of the National 
                        Institute of Standards and Technology and in 
                        consultation with the semiconductor industry 
                        and academia, develop a national strategy on 
                        semiconductor research, development, 
                        manufacturing, and supply chain security, 
                        including guidance for the funding of research, 
                        and strengthening of the domestic 
                        microelectronics workforce.
                            (ii) Reporting and updates.--Not less 
                        frequently than once every 5 years, to update 
                        the strategy developed under clause (i) and to 
                        submit the revised strategy to the appropriate 
                        committees of Congress.
                            (iii) Implementation.--In coordination with 
                        the Secretary of Defense, the Secretary of 
                        Energy, the Secretary of State, the Secretary 
                        of Commerce, the Secretary of Homeland 
                        Security, the Director of the National Science 
                        Foundation, and the Director of the National 
                        Institute of Standards and Technology, on an 
                        annual basis coordinate and recommend each 
                        agency's semiconductor related research and 
                        development programs and budgets to ensure 
                        consistency with the National Semiconductor 
                        Strategy.
                    (B) Fostering coordination of research and 
                development.--To foster the coordination of 
                semiconductor research and development.
            (3) Sunset.--The subcommittee established under paragraph 
        (1) shall terminate on the date that is 10 years after the date 
        of enactment of this Act.
    (d) Industrial Advisory Committee.--The President shall establish a 
standing subcommittee of the President's Council of Advisors on Science 
and Technology to advise the United States Government on matters 
relating to microelectronics policy.
    (e) National Semiconductor Technology Center.--
            (1) Establishment.--The Secretary of Commerce shall 
        establish a national semiconductor technology center to conduct 
        research and prototyping of advanced semiconductor technology 
        to strengthen the economic competitiveness and security of the 
        domestic supply chain, which will be operated as a public 
        private-sector consortium with participation from the private 
        sector, the Department of Defense, the Department of Energy, 
        the Department of Homeland Security, the National Science 
        Foundation, and the National Institute of Standards and 
        Technology.
            (2) Functions.--The functions of the center established 
        under paragraph (1) shall be as follows:
                    (A) To conduct advanced semiconductor 
                manufacturing, design research and prototyping that 
                strengthens the entire domestic ecosystem and is 
                aligned with the National Strategy on Semiconductor 
                Research.
                    (B) To establish a National Advanced Packaging 
                Manufacturing Program led by the National Institute of 
                Standards and Technology, in coordination with the 
                Center, to strengthen semiconductor advanced test, 
                assembly, and packaging capability in the domestic 
                ecosystem, and which shall coordinate with the 
                Manufacturing USA institute established under paragraph 
                (4).
                    (C) To establish an investment fund, in partnership 
                with the private sector, to support startups in the 
                domestic semiconductor ecosystem.
                    (D) To establish a Semiconductor Manufacturing 
                Program through the Director of the National Institute 
                of Standards and Technology to enable advances and 
                breakthroughs in measurement science, standards, 
                material characterization, instrumentation, testing, 
                and manufacturing capabilities that will accelerate the 
                underlying research and development for metrology of 
                next generation semiconductors and ensure the 
                competitiveness and leadership of the United States 
                within this sector.
                    (E) To work with the Secretary of Labor, the 
                private sector, educational institutions, and workforce 
                training entities to develop workforce training 
                programs and apprenticeships in advanced 
                microelectronic packaging capabilities.
            (3) Components.--The fund established under paragraph 
        (2)(C) shall cover the following:
                    (A) Advanced metrology and characterization for 
                manufacturing of microchips using 3 nanometer 
                transistor processes or more advanced processes.
                    (B) Metrology for security and supply chain 
                verification.
            (4) Creation of a manufacturing usa institute.--The fund 
        established under paragraph (2)(C) may also cover the creation 
        of a Manufacturing USA institute described in section 34(d) of 
        the National Institute of Standards and Technology Act (15 
        U.S.C. 278s(d)) that is focused on semiconductor manufacturing. 
        Such institute may emphasize the following:
                    (A) Research to support the virtualization and 
                automation of maintenance of semiconductor machinery.
                    (B) Development of new advanced test, assembly and 
                packaging capabilities.
                    (C) Developing and deploying educational and skills 
                training curricula needed to support the industry 
                sector and ensure the U.S. can build and maintain a 
                trusted and predictable talent pipeline.
    (f) Domestic Production Requirements.--The head of any executive 
agency receiving funding under this section shall develop policies to 
require domestic production, to the extent possible, for any 
intellectual property resulting from microelectronics research and 
development conducted as a result of these funds and domestic control 
requirements to protect any such intellectual property from foreign 
adversaries.

SEC. 306. PROHIBITION RELATING TO FOREIGN ADVERSARIES.

    None of the funds appropriated pursuant to an authorization in this 
title may be provided to an entity--
            (1) under the foreign ownership, control, or influence of 
        the Government of the People's Republic of China or the Chinese 
        Communist Party, or other foreign adversary (as defined in 
        section 301(a)(4)); or
            (2) determined to have beneficial ownership from foreign 
        individuals subject to the jurisdiction, direction, or 
        influence of foreign adversaries (as so defined).

                      TITLE IV--CRITICAL MINERALS

SEC. 401. MINERAL SECURITY.

    (a) Definitions.--In this section:
            (1) Byproduct.--The term ``byproduct'' means a critical 
        mineral--
                    (A) the recovery of which depends on the production 
                of a host mineral that is not designated as a critical 
                mineral; and
                    (B) that exists in sufficient quantities to be 
                recovered during processing or refining.
            (2) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral, element, substance, or material 
                designated as critical by the Secretary under 
                subsection (c).
                    (B) Exclusions.--The term ``critical mineral'' does 
                not include--
                            (i) fuel minerals, including oil, natural 
                        gas, or any other fossil fuels; or
                            (ii) water, ice, or snow.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.
    (b) Policy.--
            (1) In general.--Section 3 of the National Materials and 
        Minerals Policy, Research and Development Act of 1980 (30 
        U.S.C. 1602) is amended in the second sentence--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) establish an analytical and forecasting capability 
        for identifying critical mineral demand, supply, and other 
        factors to allow informed actions to be taken to avoid supply 
        shortages, mitigate price volatility, and prepare for demand 
        growth and other market shifts;'';
                    (B) in paragraph (6), by striking ``and'' after the 
                semicolon at the end; and
                    (C) by striking paragraph (7) and inserting the 
                following:
            ``(7) facilitate the availability, development, and 
        environmentally responsible production of domestic resources to 
        meet national material or critical mineral needs;
            ``(8) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the issuance of 
        permits and authorizations necessary to explore for, develop, 
        and produce critical minerals and to construct critical mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(9) strengthen--
                    ``(A) educational and research capabilities at not 
                lower than the secondary school level; and
                    ``(B) workforce training for exploration and 
                development of critical minerals and critical mineral 
                manufacturing;
            ``(10) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.''.
            (2) Conforming amendment.--Section 2(b) of the National 
        Materials and Minerals Policy, Research and Development Act of 
        1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used 
        in this Act, the term'' and inserting the following:
    ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' means 
        any mineral, element, substance, or material designated as 
        critical by the Secretary under section 401(c) of the Restoring 
        Critical Supply Chains and Intellectual Property Act.
            ``(2) Materials.--The term''.
    (c) Critical Mineral Designations.--
            (1) Draft methodology and list.--The Secretary, acting 
        through the Director of the United States Geological Survey 
        (referred to in this subsection as the ``Secretary''), shall 
        publish in the Federal Register for public comment--
                    (A) a description of the draft methodology used to 
                identify a draft list of critical minerals;
                    (B) a draft list of minerals, elements, substances, 
                and materials that qualify as critical minerals; and
                    (C) a draft list of critical minerals recovered as 
                byproducts.
            (2) Availability of data.--If available data is 
        insufficient to provide a quantitative basis for the 
        methodology developed under this subsection, qualitative 
        evidence may be used to the extent necessary.
            (3) Final methodology and list.--After reviewing public 
        comments on the draft methodology and the draft lists published 
        under paragraph (1) and updating the methodology and lists as 
        appropriate, not later than 45 days after the date on which the 
        public comment period with respect to the draft methodology and 
        draft lists closes, the Secretary shall publish in the Federal 
        Register--
                    (A) a description of the final methodology for 
                determining which minerals, elements, substances, and 
                materials qualify as critical minerals;
                    (B) the final list of critical minerals; and
                    (C) the final list of critical minerals recovered 
                as byproducts.
            (4) Designations.--
                    (A) In general.--For purposes of carrying out this 
                subsection, the Secretary shall maintain a list of 
                minerals, elements, substances, and materials 
                designated as critical, pursuant to the final 
                methodology published under paragraph (3), that the 
                Secretary determines--
                            (i) are essential to the economic or 
                        national security of the United States;
                            (ii) the supply chain of which is 
                        vulnerable to disruption (including 
                        restrictions associated with foreign political 
                        risk, abrupt demand growth, military conflict, 
                        violent unrest, anti-competitive or 
                        protectionist behaviors, and other risks 
                        throughout the supply chain); and
                            (iii) serve an essential function in the 
                        manufacturing of a product (including energy 
                        technology-, defense-, currency-, agriculture-, 
                        consumer electronics-, and health care-related 
                        applications), the absence of which would have 
                        significant consequences for the economic or 
                        national security of the United States.
                    (B) Inclusions.--Notwithstanding the criteria under 
                paragraph (3), the Secretary may designate and include 
                on the list any mineral, element, substance, or 
                material determined by another Federal agency to be 
                strategic and critical to the defense or national 
                security of the United States.
                    (C) Required consultation.--The Secretary shall 
                consult with the Secretaries of Defense, Commerce, 
                Agriculture, and Energy and the United States Trade 
                Representative in designating minerals, elements, 
                substances, and materials as critical under this 
                paragraph.
            (5) Subsequent review.--
                    (A) In general.--The Secretary, in consultation 
                with the Secretaries of Defense, Commerce, Agriculture, 
                and Energy and the United States Trade Representative, 
                shall review the methodology and list under paragraph 
                (3) and the designations under paragraph (4) at least 
                every 3 years, or more frequently as the Secretary 
                considers to be appropriate.
                    (B) Revisions.--Subject to paragraph (4)(A), the 
                Secretary may--
                            (i) revise the methodology described in 
                        this subsection;
                            (ii) determine that minerals, elements, 
                        substances, and materials previously determined 
                        to be critical minerals are no longer critical 
                        minerals; and
                            (iii) designate additional minerals, 
                        elements, substances, or materials as critical 
                        minerals.
            (6) Notice.--On finalization of the methodology and the 
        list under paragraph (3), or any revision to the methodology or 
        list under paragraph (5), the Secretary shall submit to 
        Congress written notice of the action.
    (d) Resource Assessment.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, in consultation with applicable State 
        (including geological surveys), local, academic, industry, and 
        other entities, the Secretary (acting through the Director of 
        the United States Geological Survey) or a designee of the 
        Secretary, shall complete a comprehensive national assessment 
        of each critical mineral that--
                    (A) identifies and quantifies known critical 
                mineral resources, using all available public and 
                private information and datasets, including exploration 
                histories; and
                    (B) provides a quantitative and qualitative 
                assessment of undiscovered critical mineral resources 
                throughout the United States, including probability 
                estimates of tonnage and grade, using all available 
                public and private information and datasets, including 
                exploration histories.
            (2) Supplementary information.--In carrying out this 
        subsection, the Secretary may carry out surveys and field work 
        (including drilling, remote sensing, geophysical surveys, 
        topographical and geological mapping, and geochemical sampling 
        and analysis) to supplement existing information and datasets 
        available for determining the existence of critical minerals in 
        the United States.
            (3) Public access.--Subject to applicable law, to the 
        maximum extent practicable, the Secretary shall make all data 
        and metadata collected from the comprehensive national 
        assessment carried out under paragraph (1) publically and 
        electronically accessible.
            (4) Technical assistance.--At the request of the Governor 
        of a State or the head of an Indian tribe, the Secretary may 
        provide technical assistance to State governments and Indian 
        tribes conducting critical mineral resource assessments on non-
        Federal land.
            (5) Prioritization.--
                    (A) In general.--The Secretary may sequence the 
                completion of resource assessments for each critical 
                mineral such that critical minerals considered to be 
                most critical under the methodology established under 
                subsection (c) are completed first.
                    (B) Reporting.--During the period beginning not 
                later than 1 year after the date of enactment of this 
                Act and ending on the date of completion of all of the 
                assessments required under this subsection, the 
                Secretary shall submit to Congress on an annual basis 
                an interim report that--
                            (i) identifies the sequence and schedule 
                        for completion of the assessments if the 
                        Secretary sequences the assessments; or
                            (ii) describes the progress of the 
                        assessments if the Secretary does not sequence 
                        the assessments.
            (6) Updates.--The Secretary may periodically update the 
        assessments conducted under this subsection based on--
                    (A) the generation of new information or datasets 
                by the Federal Government; or
                    (B) the receipt of new information or datasets from 
                critical mineral producers, State geological surveys, 
                academic institutions, trade associations, or other 
                persons.
            (7) Additional surveys.--The Secretary shall complete a 
        resource assessment for each additional mineral or element 
        subsequently designated as a critical mineral under subsection 
        (c)(5)(B) not later than 2 years after the designation of the 
        mineral or element.
            (8) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the status of geological surveying of Federal 
        land for any mineral commodity--
                    (A) for which the United States was dependent on a 
                foreign country for more than 25 percent of the United 
                States supply, as depicted in the report issued by the 
                United States Geological Survey entitled ``Mineral 
                Commodity Summaries 2020''; but
                    (B) that is not designated as a critical mineral 
                under subsection (c).
    (e) Permitting.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) critical minerals are fundamental to the 
                economy, competitiveness, and security of the United 
                States;
                    (B) to the maximum extent practicable, the critical 
                mineral needs of the United States should be satisfied 
                by minerals responsibly produced and recycled in the 
                United States; and
                    (C) the Federal permitting process has been 
                identified as an impediment to mineral production and 
                the mineral security of the United States.
            (2) Performance improvements.--To improve the quality and 
        timeliness of decisions, the Secretary (acting through the 
        Director of the Bureau of Land Management) and the Secretary of 
        Agriculture (acting through the Chief of the Forest Service) 
        (referred to in this subsection as the ``Secretaries'') shall, 
        to the maximum extent practicable, with respect to critical 
        mineral production on Federal land, complete Federal permitting 
        and review processes with maximum efficiency and effectiveness, 
        while supporting vital economic growth, by--
                    (A) establishing and adhering to timelines and 
                schedules for the consideration of, and final decisions 
                regarding, applications, operating plans, leases, 
                licenses, permits, and other use authorizations for 
                mineral-related activities on Federal land;
                    (B) establishing clear, quantifiable, and temporal 
                permitting performance goals and tracking progress 
                against those goals;
                    (C) engaging in early collaboration among agencies, 
                project sponsors, and affected stakeholders--
                            (i) to incorporate and address the 
                        interests of those parties; and
                            (ii) to minimize delays;
                    (D) ensuring transparency and accountability by 
                using cost-effective information technology to collect 
                and disseminate information regarding individual 
                projects and agency performance;
                    (E) engaging in early and active consultation with 
                State, local, and Indian tribal governments to avoid 
                conflicts or duplication of effort, resolve concerns, 
                and allow for concurrent, rather than sequential, 
                reviews;
                    (F) providing demonstrable improvements in the 
                performance of Federal permitting and review processes, 
                including lower costs and more timely decisions;
                    (G) expanding and institutionalizing permitting and 
                review process improvements that have proven effective;
                    (H) developing mechanisms to better communicate 
                priorities and resolve disputes among agencies at the 
                national, regional, State, and local levels; and
                    (I) developing other practices, such as 
                preapplication procedures.
            (3) Review and report.--Not later than 1 year after the 
        date of enactment of this Act, the Secretaries shall submit to 
        Congress a report that--
                    (A) identifies additional measures (including 
                regulatory and legislative proposals, as appropriate) 
                that would increase the timeliness of permitting 
                activities for the exploration and development of 
                domestic critical minerals;
                    (B) identifies options (including cost recovery 
                paid by permit applicants) for ensuring adequate 
                staffing and training of Federal entities and personnel 
                responsible for the consideration of applications, 
                operating plans, leases, licenses, permits, and other 
                use authorizations for critical mineral-related 
                activities on Federal land;
                    (C) quantifies the amount of time typically 
                required (including range derived from minimum and 
                maximum durations, mean, median, variance, and other 
                statistical measures or representations) to complete 
                each step (including those aspects outside the control 
                of the executive branch, such as judicial review, 
                applicant decisions, or State and local government 
                involvement) associated with the development and 
                processing of applications, operating plans, leases, 
                licenses, permits, and other use authorizations for 
                critical mineral-related activities on Federal land, 
                which shall serve as a baseline for the performance 
                metric under paragraph (4); and
                    (D) describes actions carried out pursuant to 
                paragraph (2).
            (4) Performance metric.--Not later than 90 days after the 
        date of submission of the report under paragraph (3), the 
        Secretaries, after providing public notice and an opportunity 
        to comment, shall develop and publish a performance metric for 
        evaluating the progress made by the executive branch to 
        expedite the permitting of activities that will increase 
        exploration for, and development of, domestic critical 
        minerals, while maintaining environmental standards.
            (5) Annual reports.--Beginning with the first budget 
        submission by the President under section 1105 of title 31, 
        United States Code, after publication of the performance metric 
        required under paragraph (4), and annually thereafter, the 
        Secretaries shall submit to Congress a report that--
                    (A) summarizes the implementation of 
                recommendations, measures, and options identified in 
                subparagraphs (A) and (B) of paragraph (3);
                    (B) using the performance metric under paragraph 
                (4), describes progress made by the executive branch, 
                as compared to the baseline established pursuant to 
                paragraph (3)(C), on expediting the permitting of 
                activities that will increase exploration for, and 
                development of, domestic critical minerals; and
                    (C) compares the United States to other countries 
                in terms of permitting efficiency and any other 
                criteria relevant to the globally competitive critical 
                minerals industry.
            (6) Individual projects.--Using data from the Secretaries 
        generated under paragraph (5), the Director of the Office of 
        Management and Budget shall prioritize inclusion of individual 
        critical mineral projects on the website operated by the Office 
        of Management and Budget in accordance with section 1122 of 
        title 31, United States Code.
            (7) Report of small business administration.--Not later 
        than 1 year and 300 days after the date of enactment of this 
        Act, the Administrator of the Small Business Administration 
        shall submit to the applicable committees of Congress a report 
        that assesses the performance of Federal agencies with respect 
        to--
                    (A) complying with chapter 6 of title 5, United 
                States Code (commonly known as the ``Regulatory 
                Flexibility Act''), in promulgating regulations 
                applicable to the critical minerals industry; and
                    (B) performing an analysis of regulations 
                applicable to the critical minerals industry that may 
                be outmoded, inefficient, duplicative, or excessively 
                burdensome.
    (f) Federal Register Process.--
            (1) Departmental review.--Absent any extraordinary 
        circumstance, and except as otherwise required by law, the 
        Secretary and the Secretary of Agriculture shall ensure that 
        each Federal Register notice described in paragraph (2) shall 
        be--
                    (A) subject to any required reviews within the 
                Department of the Interior or the Department of 
                Agriculture; and
                    (B) published in final form in the Federal Register 
                not later than 45 days after the date of initial 
                preparation of the notice.
            (2) Preparation.--The preparation of Federal Register 
        notices required by law associated with the issuance of a 
        critical mineral exploration or mine permit shall be delegated 
        to the organizational level within the agency responsible for 
        issuing the critical mineral exploration or mine permit.
            (3) Transmission.--All Federal Register notices regarding 
        official document availability, announcements of meetings, or 
        notices of intent to undertake an action shall be originated 
        in, and transmitted to the Federal Register from, the office in 
        which, as applicable--
                    (A) the documents or meetings are held; or
                    (B) the activity is initiated.
    (g) Recycling, Efficiency, and Alternatives.--
            (1) Establishment.--The Secretary of Energy (referred to in 
        this subsection as the ``Secretary'') shall conduct a program 
        of research and development--
                    (A) to promote the efficient production, use, and 
                recycling of critical minerals throughout the supply 
                chain; and
                    (B) to develop alternatives to critical minerals 
                that do not occur in significant abundance in the 
                United States.
            (2) Cooperation.--In carrying out the program, the 
        Secretary shall cooperate with appropriate--
                    (A) Federal agencies and National Laboratories;
                    (B) critical mineral producers;
                    (C) critical mineral processors;
                    (D) critical mineral manufacturers;
                    (E) trade associations;
                    (F) academic institutions;
                    (G) small businesses; and
                    (H) other relevant entities or individuals.
            (3) Activities.--Under the program, the Secretary shall 
        carry out activities that include the identification and 
        development of--
                    (A) advanced critical mineral extraction, 
                production, separation, alloying, or processing 
                technologies that decrease the energy consumption, 
                environmental impact, and costs of those activities, 
                including--
                            (i) efficient water and wastewater 
                        management strategies;
                            (ii) technologies and management strategies 
                        to control the environmental impacts of 
                        radionuclides in ore tailings;
                            (iii) technologies for separation and 
                        processing; and
                            (iv) technologies for increasing the 
                        recovery rates of byproducts from host metal 
                        ores;
                    (B) technologies or process improvements that 
                minimize the use, or lead to more efficient use, of 
                critical minerals across the full supply chain;
                    (C) technologies, process improvements, or design 
                optimizations that facilitate the recycling of critical 
                minerals, and options for improving the rates of 
                collection of products and scrap containing critical 
                minerals from post-consumer, industrial, or other waste 
                streams;
                    (D) commercial markets, advanced storage methods, 
                energy applications, and other beneficial uses of 
                critical minerals processing byproducts;
                    (E) alternative minerals, metals, and materials, 
                particularly those available in abundance within the 
                United States and not subject to potential supply 
                restrictions, that lessen the need for critical 
                minerals; and
                    (F) alternative energy technologies or alternative 
                designs of existing energy technologies, particularly 
                those that use minerals that--
                            (i) occur in abundance in the United 
                        States; and
                            (ii) are not subject to potential supply 
                        restrictions.
            (4) Reports.--Not later than 2 years after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report summarizing the activities, 
        findings, and progress of the program.
    (h) Analysis and Forecasting.--
            (1) Capabilities.--In order to evaluate existing critical 
        mineral policies and inform future actions that may be taken to 
        avoid supply shortages, mitigate price volatility, and prepare 
        for demand growth and other market shifts, the Secretary 
        (acting through the Director of the United States Geological 
        Survey) or a designee of the Secretary, in consultation with 
        the Energy Information Administration, academic institutions, 
        and others in order to maximize the application of existing 
        competencies related to developing and maintaining computer-
        models and similar analytical tools, shall conduct and publish 
        the results of an annual report that includes--
                    (A) as part of the annually published Mineral 
                Commodity Summaries from the United States Geological 
                Survey, a comprehensive review of critical mineral 
                production, consumption, and recycling patterns, 
                including--
                            (i) the quantity of each critical mineral 
                        domestically produced during the preceding 
                        year;
                            (ii) the quantity of each critical mineral 
                        domestically consumed during the preceding 
                        year;
                            (iii) market price data or other price data 
                        for each critical mineral;
                            (iv) an assessment of--
                                    (I) critical mineral requirements 
                                to meet the national security, energy, 
                                economic, industrial, technological, 
                                and other needs of the United States 
                                during the preceding year;
                                    (II) the reliance of the United 
                                States on foreign sources to meet those 
                                needs during the preceding year; and
                                    (III) the implications of any 
                                supply shortages, restrictions, or 
                                disruptions during the preceding year;
                            (v) the quantity of each critical mineral 
                        domestically recycled during the preceding 
                        year;
                            (vi) the market penetration during the 
                        preceding year of alternatives to each critical 
                        mineral;
                            (vii) a discussion of international trends 
                        associated with the discovery, production, 
                        consumption, use, costs of production, prices, 
                        and recycling of each critical mineral as well 
                        as the development of alternatives to critical 
                        minerals; and
                            (viii) such other data, analyses, and 
                        evaluations as the Secretary finds are 
                        necessary to achieve the purposes of this 
                        subsection; and
                    (B) a comprehensive forecast, entitled the ``Annual 
                Critical Minerals Outlook'', of projected critical 
                mineral production, consumption, and recycling 
                patterns, including--
                            (i) the quantity of each critical mineral 
                        projected to be domestically produced over the 
                        subsequent 1-year, 5-year, and 10-year periods;
                            (ii) the quantity of each critical mineral 
                        projected to be domestically consumed over the 
                        subsequent 1-year, 5-year, and 10-year periods;
                            (iii) an assessment of--
                                    (I) critical mineral requirements 
                                to meet projected national security, 
                                energy, economic, industrial, 
                                technological, and other needs of the 
                                United States;
                                    (II) the projected reliance of the 
                                United States on foreign sources to 
                                meet those needs; and
                                    (III) the projected implications of 
                                potential supply shortages, 
                                restrictions, or disruptions;
                            (iv) the quantity of each critical mineral 
                        projected to be domestically recycled over the 
                        subsequent 1-year, 5-year, and 10-year periods;
                            (v) the market penetration of alternatives 
                        to each critical mineral projected to take 
                        place over the subsequent 1-year, 5-year, and 
                        10-year periods;
                            (vi) a discussion of reasonably foreseeable 
                        international trends associated with the 
                        discovery, production, consumption, use, costs 
                        of production, and recycling of each critical 
                        mineral as well as the development of 
                        alternatives to critical minerals; and
                            (vii) such other projections relating to 
                        each critical mineral as the Secretary 
                        determines to be necessary to achieve the 
                        purposes of this subsection.
            (2) Proprietary information.--In preparing a report 
        described in paragraph (1), the Secretary shall ensure, 
        consistent with section 5(f) of the National Materials and 
        Minerals Policy, Research and Development Act of 1980 (30 
        U.S.C. 1604(f)), that--
                    (A) no person uses the information and data 
                collected for the report for a purpose other than the 
                development of or reporting of aggregate data in a 
                manner such that the identity of the person or firm who 
                supplied the information is not discernible and is not 
                material to the intended uses of the information;
                    (B) no person discloses any information or data 
                collected for the report unless the information or data 
                has been transformed into a statistical or aggregate 
                form that does not allow the identification of the 
                person or firm who supplied particular information; and
                    (C) procedures are established to require the 
                withholding of any information or data collected for 
                the report if the Secretary determines that withholding 
                is necessary to protect proprietary information, 
                including any trade secrets or other confidential 
                information.
    (i) Education and Workforce.--
            (1) Workforce assessment.--Not later than 1 year and 300 
        days after the date of enactment of this Act, the Secretary of 
        Labor (in consultation with the Secretary, the Director of the 
        National Science Foundation, institutions of higher education 
        with substantial expertise in mining, institutions of higher 
        education with significant expertise in minerals research, 
        including fundamental research into alternatives, and employers 
        in the critical minerals sector) shall submit to Congress an 
        assessment of the domestic availability of technically trained 
        personnel necessary for critical mineral exploration, 
        development, assessment, production, manufacturing, recycling, 
        analysis, forecasting, education, and research, including an 
        analysis of--
                    (A) skills that are in the shortest supply as of 
                the date of the assessment;
                    (B) skills that are projected to be in short supply 
                in the future;
                    (C) the demographics of the critical minerals 
                industry and how the demographics will evolve under the 
                influence of factors such as an aging workforce;
                    (D) the effectiveness of training and education 
                programs in addressing skills shortages;
                    (E) opportunities to hire locally for new and 
                existing critical mineral activities;
                    (F) the sufficiency of personnel within relevant 
                areas of the Federal Government for achieving the 
                policies described in section 3 of the National 
                Materials and Minerals Policy, Research and Development 
                Act of 1980 (30 U.S.C. 1602); and
                    (G) the potential need for new training programs to 
                have a measurable effect on the supply of trained 
                workers in the critical minerals industry.
            (2) Curriculum study.--
                    (A) In general.--The Secretary and the Secretary of 
                Labor shall jointly enter into an arrangement with the 
                National Academy of Sciences and the National Academy 
                of Engineering under which the Academies shall 
                coordinate with the National Science Foundation on 
                conducting a study--
                            (i) to design an interdisciplinary program 
                        on critical minerals that will support the 
                        critical mineral supply chain and improve the 
                        ability of the United States to increase 
                        domestic, critical mineral exploration, 
                        development, production, manufacturing, 
                        research, including fundamental research into 
                        alternatives, and recycling;
                            (ii) to address undergraduate and graduate 
                        education, especially to assist in the 
                        development of graduate level programs of 
                        research and instruction that lead to advanced 
                        degrees with an emphasis on the critical 
                        mineral supply chain or other positions that 
                        will increase domestic, critical mineral 
                        exploration, development, production, 
                        manufacturing, research, including fundamental 
                        research into alternatives, and recycling;
                            (iii) to develop guidelines for proposals 
                        from institutions of higher education with 
                        substantial capabilities in the required 
                        disciplines for activities to improve the 
                        critical mineral supply chain and advance the 
                        capacity of the United States to increase 
                        domestic, critical mineral exploration, 
                        research, development, production, 
                        manufacturing, and recycling; and
                            (iv) to outline criteria for evaluating 
                        performance and recommendations for the amount 
                        of funding that will be necessary to establish 
                        and carry out the program described in 
                        paragraph (3).
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a description of the results of the study 
                required under subparagraph (A).
            (3) Program.--
                    (A) Establishment.--The Secretary and the Secretary 
                of Labor shall jointly conduct a competitive grant 
                program under which institutions of higher education 
                may apply for and receive 4-year grants for--
                            (i) startup costs for newly designated 
                        faculty positions in integrated critical 
                        mineral education, research, innovation, 
                        training, and workforce development programs 
                        consistent with paragraph (2);
                            (ii) internships, scholarships, and 
                        fellowships for students enrolled in programs 
                        related to critical minerals;
                            (iii) equipment necessary for integrated 
                        critical mineral innovation, training, and 
                        workforce development programs; and
                            (iv) research of critical minerals and 
                        their applications, particularly concerning the 
                        manufacture of critical components vital to 
                        national security.
                    (B) Renewal.--A grant under this paragraph shall be 
                renewable for up to 2 additional 3-year terms based on 
                performance criteria outlined under paragraph 
                (2)(A)(iv).
    (j) National Geological and Geophysical Data Preservation 
Program.--Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 
2021 through 2030, to remain available until expended''.
    (k) Administration.--
            (1) In general.--The National Critical Materials Act of 
        1984 (30 U.S.C. 1801 et seq.) is repealed.
            (2) Conforming amendment.--Section 3(d) of the National 
        Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
        5202(d)) is amended in the first sentence by striking ``, with 
        the assistance of the National Critical Materials Council as 
        specified in the National Critical Materials Act of 1984 (30 
        U.S.C. 1801 et seq.),''.
            (3) Savings clauses.--
                    (A) In general.--Nothing in this section or an 
                amendment made by this section modifies any requirement 
                or authority provided by--
                            (i) the matter under the heading 
                        ``geological survey'' of the first section of 
                        the Act of March 3, 1879 (43 U.S.C. 31(a)); or
                            (ii) the first section of Public Law 87-626 
                        (43 U.S.C. 31(b)).
                    (B) Effect on department of defense.--Nothing in 
                this section or an amendment made by this section 
                affects the authority of the Secretary of Defense with 
                respect to the work of the Department of Defense on 
                critical material supplies in furtherance of the 
                national defense mission of the Department of Defense.
                    (C) Secretarial order not affected.--This section 
                shall not apply to any mineral described in Secretarial 
                Order No. 3324, issued by the Secretary on December 3, 
                2012, in any area to which the order applies.
            (4) Application of certain provisions.--
                    (A) In general.--Subsections (e) and (f) shall 
                apply to--
                            (i) an exploration project in which the 
                        presence of a byproduct is reasonably expected, 
                        based on known mineral companionality, geologic 
                        formation, mineralogy, or other factors; and
                            (ii) a project that demonstrates that the 
                        byproduct is of sufficient grade that, when 
                        combined with the production of a host mineral, 
                        the byproduct is economic to recover, as 
                        determined by the applicable Secretary in 
                        accordance with subparagraph (B).
                    (B) Requirement.--In making the determination under 
                subparagraph (A)(ii), the applicable Secretary shall 
                consider the cost effectiveness of the byproducts 
                recovery.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2021 through 2030.

SEC. 402. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.

    (a) Program for Extraction and Recovery of Rare Earth Elements and 
Minerals From Coal and Coal Byproducts.--
            (1) In general.--The Secretary of Energy, acting through 
        the Assistant Secretary for Fossil Energy (referred to in this 
        section as the ``Secretary''), shall carry out a program under 
        which the Secretary shall develop advanced separation 
        technologies for the extraction and recovery of rare earth 
        elements and minerals from coal and coal byproducts.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        described in paragraph (1) $23,000,000 for each of fiscal years 
        2021 through 2028.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report evaluating the 
development of advanced separation technologies for the extraction and 
recovery of rare earth elements and minerals from coal and coal 
byproducts, including acid mine drainage from coal mines.
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