[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4346 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
July 27, 2022.
Resolved, That the Senate agree to the amendment of the House to
the amendment of the Senate to the bill (H.R. 4346) entitled ``An Act
making appropriations for Legislative Branch for the fiscal year ending
September 30, 2022, and for other purposes.'', do pass with the
following
SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the House to the amendment of the Senate, insert the
following:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. References.
DIVISION A--CHIPS ACT OF 2022
Sec. 101. Short title.
Sec. 102. Creating helpful incentives to produce semiconductors (CHIPS)
for America fund.
Sec. 103. Semiconductor incentives.
Sec. 104. Opportunity and inclusion.
Sec. 105. Additional GAO reporting requirements.
Sec. 106. Appropriations for wireless supply chain innovation.
Sec. 107. Advanced manufacturing investment credit.
DIVISION B--RESEARCH AND INNOVATION
Sec. 10000. Table of contents.
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Budgetary effects.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Science laboratories infrastructure program.
Sec. 10109. Accelerator research and development.
Sec. 10110. Isotope research, development, and production.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; helium
conservation program; Office of Science
emerging biological threat preparedness
research initiative; midscale
instrumentation and research equipment
program; authorization of appropriations.
Sec. 10113. Established program to stimulate competitive research.
Sec. 10114. Research security.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
Sec. 10201. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B--Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cybersecurity theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Artificial intelligence.
Sec. 10233. Sustainable chemistry research and education.
Sec. 10234. Premise plumbing research.
Sec. 10235. Dr. David Satcher Cybersecurity Education Grant Program.
Subtitle C--General Activities
Sec. 10241. Educational outreach and support for underrepresented
communities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to Congress on collaborations with government
agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D--Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part
of the Hollings Manufacturing Extension
Partnership.
Sec. 10252. Update to Hollings Manufacturing Extension Partnership.
Sec. 10253. National Supply Chain Database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Sec. 10255. Amendment to the Hollings Manufacturing Extension
Partnership relating to institutions of
higher education.
Subtitle E--Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Sec. 10262. Expanding opportunities through the Manufacturing USA
Program.
Sec. 10263. Promoting domestic production of technologies developed
under Manufacturing USA Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Subtitle A--Preliminary Matters
Sec. 10301. Sense of Congress.
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Subtitle B--STEM Education
Sec. 10311. PreK-12 STEM education.
Sec. 10312. Undergraduate STEM education.
Sec. 10313. Graduate STEM education.
Sec. 10314. STEM workforce data.
Sec. 10315. Cyber workforce development research and development.
Sec. 10316. Federal cyber scholarship-for-service program.
Sec. 10317. Cybersecurity workforce data initiative.
Sec. 10318. Microelectronics workforce development activities.
Sec. 10319. Incorporation of art and design into certain STEM
education.
Sec. 10320. Mandatory cost-sharing.
Sec. 10321. Programs to address the STEM workforce.
Subtitle C--Broadening Participation
Sec. 10321. Presidential awards for excellence in mathematics and
science.
Sec. 10322. Robert Noyce Teacher Scholarship program update.
Sec. 10323. NSF Eddie Bernice Johnson INCLUDES Initiative.
Sec. 10324. Broadening participation on major facilities awards.
Sec. 10325. Expanding geographic and institutional diversity in
research.
Sec. 10326. Diversity in tech research.
Sec. 10327. Chief Diversity Officer of the NSF.
Sec. 10328. Research and dissemination to increase the participation of
women and underrepresented minorities in
STEM fields.
Sec. 10329. Activities to expand STEM opportunities.
Sec. 10330. Intramural emerging research institutions pilot program.
Subtitle D--NSF Research Security
Sec. 10331. Office of Research Security and Policy.
Sec. 10332. Chief of Research Security.
Sec. 10333. Reporting to Congress.
Sec. 10334. Online resource.
Sec. 10335. Research awards.
Sec. 10336. Authorities.
Sec. 10337. Responsible conduct in research training.
Sec. 10338. Research security and integrity information sharing
analysis organization.
Sec. 10339. Plan with respect to controlled information and background
screening.
Sec. 10339A. Foundation funding to institutions hosting or supporting
Confucius Institutes.
Sec. 10339B. Foreign financial support.
Sec. 10339C. Authorization of appropriations.
Subtitle E--Fundamental Research
Sec. 10341. Broader impacts.
Sec. 10342. Sense of Congress.
Sec. 10343. Research ethics.
Sec. 10344. Research reproducibility and replicability.
Sec. 10345. Climate change research.
Sec. 10346. Social, behavioral, and economic sciences.
Sec. 10347. Measuring impacts of Federally funded research and
development.
Sec. 10348. Food-energy-water research.
Sec. 10349. Biological Field Stations and Marine Laboratories.
Sec. 10350. Sustainable chemistry research and education.
Sec. 10351. Risk and resilience research.
Sec. 10352. Unmanned aircraft systems technologies.
Sec. 10353. Accelerating unmanned maritime systems technologies.
Sec. 10354. Leveraging international expertise in research.
Sec. 10355. Biological research collections.
Sec. 10356. Clean water research and technology acceleration.
Sec. 10357. Technology and behavioral science research.
Sec. 10358. Manufacturing research amendment.
Sec. 10359. Critical minerals mining research and development.
Sec. 10360. Study of AI research capacity.
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act.
Sec. 10362. Astronomy and satellite constellations.
Sec. 10363. Research on the impact of inflation.
Sec. 10364. Microgravity utilization policy.
Sec. 10365. Recognition of the Arecibo Observatory.
Subtitle F--Research Infrastructure
Sec. 10371. Facility operation and maintenance.
Sec. 10372. Reviews.
Sec. 10373. Helium conservation.
Sec. 10374. Advanced computing.
Sec. 10375. National secure data service.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
Sec. 10381. Establishment.
Sec. 10382. Purposes.
Sec. 10383. Activities.
Sec. 10384. Requirements.
Sec. 10385. Assistant Director.
Sec. 10386. Advisory committee.
Sec. 10387. Challenges and focus areas.
Sec. 10388. Regional Innovation Engines.
Sec. 10389. Translation accelerator.
Sec. 10390. Test beds.
Sec. 10391. Planning and capacity building awards.
Sec. 10392. Entrepreneurial fellowships.
Sec. 10393. Scholarships and fellowships.
Sec. 10394. Research and development awards.
Sec. 10395. Scaling innovations in PreK-12 STEM education.
Sec. 10396. Authorities.
Sec. 10397. Coordination of activities.
Sec. 10398. Ethical, legal, and societal considerations.
Sec. 10399. Reports and roadmaps.
Sec. 10399A. Evaluation.
Subtitle H--Administrative Amendments
Sec. 10399D. Supporting veterans in STEM careers.
Sec. 10399E. Sunshine Act compliance.
Sec. 10399F. Science and engineering indicators report submission.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
Sec. 10401. Definitions.
Sec. 10402. National engineering biology research and development
initiative.
Sec. 10403. Initiative coordination.
Sec. 10404. Advisory committee on engineering biology research and
development.
Sec. 10405. External review of ethical, legal, environmental, safety,
security, and societal issues.
Sec. 10406. Agency activities.
Sec. 10407. Rule of construction.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
Sec. 10501. Federal research agency policies for caregivers.
Sec. 10502. Collection and reporting of data on federal research
awards.
Sec. 10503. Policies for review of Federal research awards.
Sec. 10504. Collection of data on demographics of faculty.
Sec. 10505. Cultural and institutional barriers to expanding the
academic and Federal STEM workforce.
Sec. 10506. Existing activities.
Sec. 10507. Report to Congress.
Sec. 10508. Merit review.
Sec. 10509. Determination of budgetary effects.
Sec. 10510. Definition.
Subtitle B--Rural STEM Education Research
Sec. 10511. Definition.
Sec. 10512. National Science Foundation rural STEM activities.
Sec. 10513. Opportunities for online education.
Sec. 10514. National Academies evaluation.
Sec. 10515. GAO review.
Sec. 10516. NIST engagement with rural communities.
Subtitle C--MSI STEM Achievement
Sec. 10521. GAO review.
Sec. 10522. Agency responsibilities.
Sec. 10523. Research at the National Science Foundation.
Sec. 10524. Capacity-building program for developing universities.
Sec. 10525. Tribal Colleges and Universities program.
Sec. 10526. Definitions.
Subtitle D--Combating Sexual Harassment in Science
Sec. 10531. Findings.
Sec. 10532. Purpose.
Sec. 10533. Definition.
Sec. 10534. Research awards.
Sec. 10535. Responsible Conduct Guide.
Sec. 10536. Interagency working group.
Sec. 10537. National Academies assessment.
Sec. 10538. GAO study.
Sec. 10539. Authorization of appropriations.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-career Researchers
Sec. 10601. Early-career research fellowship program.
Sec. 10602. Authorization of appropriations.
Subtitle B--National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Strategy and report on the Nation's economic security,
science, research, and innovation to
support the national security strategy.
Sec. 10613. Quadrennial science and technology review.
Subtitle C--Regional Innovation
Sec. 10621. Regional innovation capacity.
Sec. 10622. Regional Clean Energy Innovation Program.
Subtitle D--Research Security
Sec. 10631. Requirements for foreign talent recruitment programs.
Sec. 10632. Malign foreign talent recruitment program prohibition.
Sec. 10633. Review of contracts and agreements.
Sec. 10634. Research security training requirement for Federal research
award personnel.
Sec. 10635. Research funds accounting.
Sec. 10636. Person or entity of concern prohibition.
Sec. 10637. Nondiscrimination.
Sec. 10638. Definitions.
Subtitle E--Coastal and Ocean Acidification Research and Innovation
Sec. 10641. Short title.
Sec. 10642. Purposes.
Sec. 10643. Definitions.
Sec. 10644. Interagency working group.
Sec. 10645. Strategic research plan.
Sec. 10646. NOAA ocean acidification activities.
Sec. 10647. NSF ocean acidification activities.
Sec. 10648. NASA ocean acidification activities.
Sec. 10649. Authorization of appropriations.
Subtitle F--Interagency Working Group
Sec. 10651. Interagency working group.
Subtitle G--Quantum Networking and Communications
Sec. 10661. Quantum networking and communications.
Subtitle H--Blockchain Specialist
Sec. 10671. Establishment of blockchain and cryptocurrency specialist
position within OSTP.
Subtitle I--Partnerships for Energy Security and Innovation
Sec. 10691. Foundation for Energy Security and Innovation.
Subtitle J--Energizing Technology Transfer
Sec. 10701. Definitions.
PART 1--National Clean Energy Technology Transfer Programs
Sec. 10713. National clean energy incubator program.
Sec. 10714. Clean energy technology university prize competition.
Sec. 10715. Clean energy technology transfer coordination.
PART 2--Supporting Technology Development at the National Laboratories
Sec. 10716. Lab partnering service pilot program.
Sec. 10717. Lab-embedded entrepreneurship program.
Sec. 10718. Small business voucher program.
Sec. 10719. Entrepreneurial leave program.
Sec. 10720. National Laboratory non-Federal employee outside employment
authority.
PART 3--Department of Energy Modernization
Sec. 10722. Office of Technology Transitions.
Sec. 10723. Management of Department of Energy demonstration projects.
Sec. 10724. Streamlining prize competitions.
Sec. 10725. Cost-share waiver extension.
Sec. 10726. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 10727. Technology transfer reports and evaluation.
Subtitle K--Micro Act
Sec. 10731. Microelectronics research for energy innovation.
Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10741. Short title.
Sec. 10742. Purposes.
Sec. 10743. University infrastructure collaboration.
Sec. 10744. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10745. Science education and human resources scholarships,
fellowships, and research and development
projects.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10751. Low-emissions steel manufacturing research program.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
Sec. 10761. Applied laboratories infrastructure restoration and
modernization.
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
Sec. 10771. Department of Energy research, development, and
demonstration activities.
Subtitle P--Fission for the Future
Sec. 10781. Advanced nuclear technologies Federal research,
development, and demonstration program.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
Sec. 10801. Short title.
Sec. 10802. Definitions.
Subtitle A--Exploration
Sec. 10811. Moon to Mars.
Sec. 10812. Space Launch System configurations.
Sec. 10813. Rocket engine test infrastructure.
Sec. 10814. Pearl River maintenance.
Sec. 10815. Extension and modification relating to International Space
Station.
Sec. 10816. Priorities for International Space Station.
Sec. 10817. Technical amendments relating to Artemis missions.
Subtitle B--Science
Sec. 10821. Science priorities.
Sec. 10822. Search for life.
Sec. 10823. Next generation of astrophysics great observatories.
Sec. 10824. Earth science missions and programs.
Sec. 10825. Planetary Defense Coordination Office.
Subtitle C--Aeronautics
Sec. 10831. Experimental aircraft projects.
Sec. 10832. Unmanned aircraft systems.
Sec. 10833. Cleaner, quieter airplanes.
Subtitle D--Space Technology
Sec. 10841. Space nuclear capabilities.
Sec. 10842. Prioritization of low-enriched uranium technology.
Subtitle E--STEM Engagement
Sec. 10851. Office of STEM Engagement.
Subtitle F--Miscellaneous
Sec. 10861. Program, workforce, and industrial base reviews.
Sec. 10862. Modification of lease of non-excess property.
DIVISION C--SUPPLEMENTAL APPROPRIATIONS TO ADDRESS THREATS TO THE
SUPREME COURT OF THE UNITED STATES
SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--CHIPS ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``CHIPS Act of 2022''.
SEC. 102. CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS (CHIPS)
FOR AMERICA FUND.
(a) CHIPS for America Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America Fund''
(referred to in this subsection as the ``Fund'') for the
Secretary of Commerce to carry out sections 9902, 9904, and
9906 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652, 4654,
and 4656; Public Law 116-283). Amounts in the Fund to carry out
sections 9904 and 9906 of Public Law 116-283 shall be
transferred to and merged with accounts within the Department
of Commerce to be used for such purposes, except that amounts
transferred to carry out section 9904 of Public Law 116-283
shall remain available until September 30, 2025.
(2) Appropriation.--
(A) In addition to amounts otherwise available for
such purposes, there is appropriated to the Fund
established in subsection (a)(1), out of amounts in the
Treasury not otherwise appropriated--
(i) for fiscal year 2022, $24,000,000,000,
to remain available until expended, of which
$19,000,000,000 shall be for section 9902 of
Public Law 116-283, $2,000,000,000 shall be for
subsection (c) of section 9906 of Public Law
116-283, $2,500,000,000 shall be for subsection
(d) of section 9906 of Public Law 116-283, and
$500,000,000 shall be for subsections (e) and
(f) of section 9906 of Public Law 116-283;
(ii) for fiscal year 2023, $7,000,000,000
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116-283 and $2,000,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283;
(iii) for fiscal year 2024, $6,300,000,000,
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116-283 and $1,300,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283;
(iv) for fiscal year 2025, $6,100,000,000,
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116-283 and $1,100,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283; and
(v) for fiscal year 2026, $6,600,000,000,
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116- 283 and $1,600,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283.
(B) Direct loans and loan guarantees.--The
Secretary of Commerce may use--
(i) up to $6,000,000,000 of the amounts
made available for fiscal year 2022 for section
9902 of Public Law 116-283 for the cost of
direct loans and loan guarantees, as authorized
by section 9902 of Public Law 116-283, provided
that--
(I) such costs, including the cost
of modifying such loans and loan
guarantees shall be as defined in
section 502 of the Congressional Budget
Act of 1974; and
(II) these funds are available to
subsidize gross obligations for the
principal amount of direct loans and
total loan principal, any part of which
is to be guaranteed, not to exceed
$75,000,000,000;
(ii) up to 2 percent of the amounts made
available in each fiscal year for salaries and
expenses, administration, and oversight
purposes to carry out sections 9902 and 9906 of
Public Law 116-283, of which $5,000,000 in each
of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General
of the Department of Commerce to oversee
expenditures from the Fund; and
(iii) up to $2,300,000 of the amounts made
available in fiscal year 2022 to carry out
section 9904 of Public Law 116-283.
(3) Assistance for mature technology nodes.--Of the amount
available in fiscal year 2022 to implement section 9902 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (15 U.S.C. 4652), $2,000,000,000 shall be
to provide Federal financial assistance to covered entities to
incentivize investment in facilities and equipment in the
United States for the fabrication, assembly, testing, or
packaging of semiconductors at mature technology nodes under
subsection (e) of that section, as added by section 103 of this
Act.
(4) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program, and
project allocations of the full amount made available
under subsection (a)(2)--
(i) for fiscal years 2022 and 2023, not
later than 60 days after the date of enactment
of this Act; and
(ii) for each subsequent fiscal year
through 2026, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
subsection (a)(2), including by account,
program, and project.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program, and
project, by the date on which the Act
making full-year appropriations for the
Departments of Commerce and Justice,
Science, and Related Agencies for the
applicable fiscal year is enacted into
law, only then shall amounts made
available under subsection (a)(2) be
allocated by the President or
apportioned or allotted by account,
program, and project pursuant to title
31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program, and project, for amounts made
available under subsection (a)(2) that
are less than the full amount
appropriated under that subsection, the
difference between the amount
appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program, and project
pursuant to title 31, United States
Code.
(b) CHIPS for America Defense Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America
Defense Fund'' (referred to in this subsection as the ``Fund'')
to provide for those requirements that are necessary to carry
out section 9903(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4653(b)). Amounts in the Fund shall be transferred to and
merged with accounts within the Department of Defense to be
used for such purposes. Amounts in the Fund or transferred to
and merged with accounts within the Department of Defense may
not be used for construction of facilities.
(2) Appropriation.--In addition to amounts otherwise
available for such purposes, there is appropriated to the Fund
established in subsection (b)(1), out of amounts in the
Treasury not otherwise appropriated--
(A) for fiscal year 2023, $400,000,000, to remain
available until September 30, 2023;
(B) for fiscal year 2024, $400,000,000, to remain
available until September 30, 2024;
(C) for fiscal year 2025, $400,000,000, to remain
available until September 30, 2025;
(D) for fiscal year 2026, $400,000,000, to remain
available until September 30, 2026; and
(E) for fiscal year 2027, $400,000,000, to remain
available until September 30, 2027.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program
element, and project allocations of the full amount
made available under subsection (b)(2)--
(i) for fiscal year 2023, not later than 60
days after the date of enactment of this Act;
and
(ii) for each subsequent fiscal year
through 2027, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
subsection (b)(2), including by account,
program element, and project.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program element,
and project, by the date on which the
Act making full-year appropriations for
the Department of Defense for the
applicable fiscal year is enacted into
law, only then shall amounts made
available under subsection (b)(2) be
allocated by the President or
apportioned or allotted by account,
program element, and project pursuant
to title 31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program element, and project, for
amounts made available under subsection
(b)(2) that are less than the full
amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program element, and
project pursuant to title 31, United
States Code.
(c) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America
International Technology Security and Innovation Fund''
(referred to in this subsection as the ``Fund'') to provide for
international information and communications technology
security and semiconductor supply chain activities, including
to support the development and adoption of secure and trusted
telecommunications technologies, secure semiconductors, secure
semiconductors supply chains, and other emerging technologies
and to carry out sections 9905 and 9202(a)(2) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (15 U.S.C. 4655 and 47 U.S.C. 906(a)(2)), as
appropriate. Amounts in the Fund shall be transferred by the
Secretary of State to accounts within the Department of State,
the United States Agency for International Development, the
Export-Import Bank, and the United States International
Development Finance Corporation, as appropriate, to be used for
such purposes and under the terms and conditions of the account
to which transferred.
(2) Appropriation.--
(A) In addition to amounts otherwise available for
such purposes, there is appropriated to the Fund
established in subsection (c)(1), out of amounts in the
Treasury not otherwise appropriated--
(i) for fiscal year 2023, $100,000,000, to
remain available until September 30, 2027;
(ii) for fiscal year 2024, $100,000,000, to
remain available until September 30, 2028;
(iii) for fiscal year 2025, $100,000,000,
to remain available until September 30, 2029;
(iv) for fiscal year 2026, $100,000,000, to
remain available until September 30, 2030; and
(v) for fiscal year 2027, $100,000,000, to
remain available until September 30, 2031.
(B) Use.--In carrying out this subsection, the
Secretary of State may use up to $5,000,000 of the
amounts made available in each fiscal year for the Fund
for salaries and expenses, administration, and
oversight purposes, of which $500,000 in each of fiscal
years 2023 through 2027 shall be transferred to the
Office of Inspector General of the Department of State
to oversee expenditures under the Fund.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program,
project, and activity allocations of the full amount
made available under subsection (c)(2)--
(i) for fiscal year 2023, not later than 90
days after the date of enactment of this Act;
and
(ii) for each subsequent fiscal year
through 2027, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
subsection (c)(2), including by account,
program, project, and activity.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program, project,
and activity, by the date on which the
Act making full-year appropriations for
the Department of State, Foreign
Operations, and Related Programs for
the applicable fiscal year is enacted
into law, only then shall amounts made
available under subsection (c)(2) be
allocated by the President or
apportioned or allotted by account,
program, project, and activity pursuant
to title 31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program, project, and activity, for
amounts made available under subsection
(c)(2) that are less than the full
amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program, project, and
activity pursuant to title 31, United
States Code.
(d) Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Workforce and Education Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America
Workforce and Education Fund'' (referred to in this subsection
as the ``Fund'') for the National Science Foundation for
microelectronics workforce development activities to meet the
requirements under section 9906 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4656).
(2) Appropriation.--In addition to amounts otherwise
available for such purposes, there is appropriated to the Fund
established in subsection (d)(1), out of amounts in the
Treasury not otherwise appropriated--
(A) for fiscal year 2023, $25,000,000, to remain
available until expended;
(B) for fiscal year 2024, $25,000,000, to remain
available until expended;
(C) for fiscal year 2025, $50,000,000, to remain
available until expended;
(D) for fiscal year 2026, $50,000,000, to remain
available until expended; and
(E) for fiscal year 2027, $50,000,000, to remain
available until expended.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program, and
project allocations of the full amount made available
under paragraph (2)--
(i) for fiscal year 2023, not later than 60
days after the date of enactment of this Act;
and
(ii) for each subsequent fiscal year
through 2027, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
paragraph (2), including by account, program,
and project.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program, and
project, by the date on which the Act
making full-year appropriations for the
Departments of Commerce and Justice,
Science, and Related Agencies for the
applicable fiscal year is enacted into
law, only then shall amounts made
available under subsection (d)(2) be
allocated by the President or
apportioned or allotted by account,
program, and project pursuant to title
31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program, and project, for amounts made
available under subsection (d)(2) that
are less than the full amount
appropriated under that subsection, the
difference between the amount
appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program, and project
pursuant to title 31, United States
Code.
(e) Sequestration.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended by inserting after ``Continuing Fund, Southwestern Power
Administration (89-5649-0-2-271).'' the following:
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund.
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund.
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund.
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Workforce and
Education Fund''.
(f) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(d)).
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of this section shall not be estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee
on Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3
of the Statutory Pay-As-You-Go Act of 2010 as being
included in an appropriation Act.
(g) Limitation on Using Amounts for Stock Buybacks or the Payment
of Dividends.--
(1) In general.--A person receiving amounts appropriated
under this section or from a covered fund may not use such
amounts, as determined using the criteria for eligible uses of
amounts under sections 9902(a)(4) and 9905(a)(4) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4652(a)(4), 15 U.S.C. 4655(a)(4)),
the activities under section 9903(b) of such Act (15 U.S.C.
4653(b)), and the functions under 9906(c)(2) of such Act (15
U.S.C. 4656(c)(2)) --
(A) to purchase an equity security that is listed
on a national securities exchange of such person or any
parent company of such person; or
(B) to pay dividends or make other capital
distributions with respect to the common stock (or
equivalent interest) of the person.
(2) Covered fund.--In this subsection, the term ``covered
fund'' means--
(A) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund;
(B) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund;
(C) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund; and
(D) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Workforce and
Education Fund.
SEC. 103. SEMICONDUCTOR INCENTIVES.
(a) Definitions.--Section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4651) is amended--
(1) in paragraph (2)--
(A) by striking ``a private entity, a consortium of
private entities, or a consortium of public and private
entities'' and inserting ``a nonprofit entity, a
private entity, a consortium of private entities, or a
consortium of nonprofit, public, and private
entities'';
(B) by inserting ``production,'' before ``or
research and development''; and
(C) by striking ``of semiconductors.'' and
inserting ``of semiconductors, materials used to
manufacture semiconductors, or semiconductor
manufacturing equipment.'';
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (6), (8), (9), (12), and (13), respectively;
(3) by inserting after paragraph (4), the following:
``(5) The term `critical manufacturing industry'--
``(A) means an industry, industry group, or a set
of related industries or related industry groups--
``(i) assigned a North American Industry
Classification System code beginning with 31,
32, or 33; and
``(ii) for which the applicable industry
group or groups in the North American Industry
Classification System code cumulatively--
``(I) manufacture primary products
and parts, the sum of which account for
not less than 5 percent of the
manufacturing value added by industry
gross domestic product of the United
States; and
``(II) employ individuals for
primary products and parts
manufacturing activities that,
combined, account for not less than 5
percent of manufacturing employment in
the United States; and
``(B) may include any other manufacturing industry
designated by the Secretary based on the relevance of
the manufacturing industry to the national and economic
security of the United States, including the impacts of
job losses.''; and
(4) by inserting after paragraph (6), as so redesignated,
the following:
``(7) The term `foreign country of concern' means--
``(A) a country that is a covered nation (as
defined in section 4872(d) of title 10 United States
Code); and
``(B) any country that the Secretary, in
consultation with the Secretary of Defense, the
Secretary of State, and the Director of National
Intelligence, determines to be engaged in conduct that
is detrimental to the national security or foreign
policy of the United States.''; and
(5) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `mature technology node' has the meaning
given the term by the Secretary.
``(11) The term `nonprofit entity' means an entity
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such
Code.''.
(b) Semiconductor Program.--Section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652) is amended--
(1) in subsection (a)(1)--
(A) by striking ``for semiconductor fabrication''
and inserting ``for the fabrication'';
(B) by inserting ``production,'' before ``or
research and development''; and
(C) by striking the period at the end and inserting
``of semiconductors, materials used to manufacture
semiconductors, or semiconductor manufacturing
equipment.''; and
(2) in subsection (a)(2)--
(A) in subparagraph (B)(i), by striking ``; and''
at the end;
(B) in subparagraph (B)(ii)--
(i) in subclause (III), by striking ``and''
at the end;
(ii) in subclause (IV), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(V) determined--
``(aa) the type of
semiconductor technology,
equipment, materials, or
research and development the
covered entity will produce at
the facility described in
clause (i); and
``(bb) the customers, or
categories of customers, to
which the covered entity plans
to sell the semiconductor
technology, equipment,
materials, or research and
development described in item
(aa); and
``(VI) documented, to the extent
practicable, workforce needs and
developed a strategy to meet such
workforce needs consistent with the
commitments described in subclauses
(II) and (III);''; and
(C) by inserting after subparagraph (B)(ii) the
following--
``(iii) with respect to the project
described in clause (i), the covered entity has
an executable plan to identify and mitigate
relevant semiconductor supply chain security
risks, such as risks associated with access,
availability, confidentiality, integrity, and a
lack of geographic diversification in the
covered entity's supply chain; and
``(iv) with respect to any project for the
production, assembly, or packaging of
semiconductors, the covered entity has
implemented policies and procedures to combat
cloning, counterfeiting, and relabeling of
semiconductors, as applicable.'';
(D) in subparagraph (C)--
(i) in clause (i)--
(I) in subclause (II), by striking
``is in the interest of the United
States'' and inserting ``is in the
economic and national security
interests of the United States''; and
(II) in subclause (III), by
striking ``and'' at the end;
(ii) in clause (ii)(IV), by striking
``and'' at the end;
(iii) by redesignating clause (iii) as
clause (v); and
(iv) by inserting after clause (ii) the
following:
``(iii) the Secretary shall consider the
type of semiconductor technology produced by
the covered entity and whether that
semiconductor technology advances the economic
and national security interests of the United
States;
``(iv) the Secretary may not approve an
application, unless the covered entity provides
a plan that does not use Federal financial
assistance to assist efforts to physically
relocate existing facility infrastructure to
another jurisdiction within the United States,
unless the project is in the interest of the
United States; and'';
(E) by redesignating subparagraph (D) as
subparagraph (E); and
(F) by inserting after subparagraph (C) the
following:
``(D) Priority.--In awarding Federal financial
assistance to covered entities under this subsection,
the Secretary shall--
``(i) give priority to ensuring that a
covered entity receiving financial assistance
will--
``(I) manufacture semiconductors
necessary to address gaps and
vulnerabilities in the domestic supply
chain across a diverse range of
technology and process nodes; and
``(II) provide a secure supply of
semiconductors necessary for the
national security, manufacturing,
critical infrastructure, and technology
leadership of the United States and
other essential elements of the economy
of the United States; and
``(ii) ensure that the assistance is
awarded to covered entities for both advanced
and mature technology nodes to meet the
priorities described in clause (i).'';
(3) in subsection (a)(4)(A), by striking ``used for
semiconductors'' and inserting ``used for the purposes'';
(4) in subsection (a)(5)--
(A) in subparagraph (A), by striking ``major'';
(B) in subparagraph (D), by striking ``major''; and
(C) in subparagraph (E)(i), by striking ``major'';
(5) by inserting after subsection (a)(5) the following:
``(6) Expansion clawback.--
``(A) Definition of legacy semiconductor.--
``(i) In general.--In this paragraph, the
term `legacy semiconductor'--
``(I) includes--
``(aa) a semiconductor
technology that is of the 28
nanometer generation or older
for logic;
``(bb) with respect to
memory technology, analog
technology, packaging
technology, and any other
relevant technology, any legacy
generation of semiconductor
technology relative to the
generation described in item
(aa), as determined by the
Secretary, in consultation with
the Secretary of Defense and
the Director of National
Intelligence; and
``(cc) any additional
semiconductor technology
identified by the Secretary in
a public notice issued under
clause (ii); and
``(II) does not include a
semiconductor that is critical to
national security, as determined by the
Secretary, in consultation with the
Secretary of Defense and the Director
of National Intelligence.
``(ii) Updates.--Not later than 2 years
after the date of enactment of the CHIPS Act of
2022, and not less frequently than once every 2
years thereafter for the 8-year period after
the last award under this section is made, the
Secretary, after public notice and an
opportunity for comment and if applicable and
necessary, shall issue a public notice
identifying any additional semiconductor
technology included in the meaning of the term
`legacy semiconductor' under clause (i).
``(iii) Functions of the secretary.--The
functions of the Secretary under this paragraph
shall not be subject to sections 551, 553
through 559, and 701 through 706 of title 5,
United States Code.
``(iv) Consultation.--In carrying out
clause (ii), the Secretary shall consult with
the Director of National Intelligence and the
Secretary of Defense.
``(v) Considerations.--In carrying out
clause (ii), the Secretary shall consider--
``(I) state-of-the-art
semiconductor technologies in the
United States and internationally,
including in foreign countries of
concern; and
``(II) consistency with export
controls relating to semiconductors.
``(B) Definition of semiconductor manufacturing.--
In this paragraph, the term `semiconductor
manufacturing'--
``(i) has the meaning given the term by the
Secretary, in consultation with the Secretary
of Defense and the Director of National
Intelligence; and
``(ii) includes front-end semiconductor
fabrication.
``(C) Required agreement.--
``(i) In general.--On or before the date on
which the Secretary awards Federal financial
assistance to a covered entity under this
section, the covered entity shall enter into an
agreement with the Secretary specifying that,
during the 10-year period beginning on the date
of the award, subject to clause (ii), the
covered entity may not engage in any
significant transaction, as defined in the
agreement, involving the material expansion of
semiconductor manufacturing capacity in the
People's Republic of China or any other foreign
country of concern.
``(ii) Exceptions.--The prohibition in the
agreement required under clause (i) shall not
apply to--
``(I) existing facilities or
equipment of a covered entity for
manufacturing legacy semiconductors; or
``(II) significant transactions
involving the material expansion of
semiconductor manufacturing capacity
that--
``(aa) produces legacy
semiconductors; and
``(bb) predominately serves
the market of a foreign country
of concern.
``(iii) Affiliated group.--For the purpose
of applying the requirements in an agreement
required under clause (i), a covered entity
shall include the covered entity receiving
financial assistance under this section, as
well as any member of the covered entity's
affiliated group under section 1504(a) of the
Internal Revenue Code of 1986, without regard
to section 1504(b)(3) of such Code.
``(D) Notification requirements.--During the
applicable term of the agreement of a covered entity
required under subparagraph (C)(i), the covered entity
shall notify the Secretary of any planned significant
transactions of the covered entity involving the
material expansion of semiconductor manufacturing
capacity in the People's Republic of China or any other
foreign country of concern.
``(E) Violation of agreement.--
``(i) Notification to covered entities.--
Not later than 90 days after the date of
receipt of a notification described in
subparagraph (D) from a covered entity, the
Secretary, in consultation with the Secretary
of Defense and the Director of National
Intelligence, shall--
``(I) determine whether the
significant transaction described in
the notification would be a violation
of the agreement of the covered entity
required under subparagraph (C)(i); and
``(II) notify the covered entity of
the Secretary's decision under
subclause (I).
``(ii) Opportunity to remedy.--Upon a
notification under clause (i)(II) that a
planned significant transaction of a covered
entity is a violation of the agreement of the
covered entity required under subparagraph
(C)(i), the Secretary shall--
``(I) immediately request from the
covered entity tangible proof that the
planned significant transaction has
ceased or been abandoned; and
``(II) provide the covered entity
45 days to produce and provide to the
Secretary the tangible proof described
in subclause (I).
``(iii) Failure by the covered entity to
cease or remedy the activity.--Subject to
clause (iv), if a covered entity fails to
remedy a violation as set forth under clause
(ii), the Secretary shall recover the full
amount of the Federal financial assistance
provided to the covered entity under this
section.
``(iv) Mitigation.--If the Secretary, in
consultation with the Secretary of Defense and
the Director of National Intelligence,
determines that a covered entity planning a
significant transaction that would violate the
agreement required under subparagraph (C)(i)
could take measures in connection with the
transaction to mitigate any risk to national
security, the Secretary--
``(I) may negotiate, enter into,
and enforce any agreement or condition
for the mitigation; and,
``(II) waive the recovery
requirement under clause (iii).
``(F) Submission of records.--
``(i) In general.--The Secretary may
request from a covered entity records and other
necessary information to review the compliance
of the covered entity with the agreement
required under subparagraph (C)(i).
``(ii) Eligibility.--In order to be
eligible for Federal financial assistance under
this section, a covered entity shall agree to
provide records and other necessary information
requested by the Secretary under clause (i).
``(G) Confidentiality of records.--
``(i) In general.--Subject to clause (ii),
any information derived from records or
necessary information disclosed by a covered
entity to the Secretary under this section--
``(I) shall be exempt from
disclosure under section 552(b)(3) of
title 5, United States Code; and
``(II) shall not be made public.
``(ii) Exceptions.--Clause (i) shall not
prevent the disclosure of any of the following
by the Secretary:
``(I) Information relevant to any
administrative or judicial action or
proceeding.
``(II) Information that a covered
entity has consented to be disclosed to
third parties.
``(III) Information necessary to
fulfill the requirement of the
congressional notification under
subparagraph (H).
``(H) Congressional notification.--Not later than
60 days after the date on which the Secretary finds a
violation by a covered entity of an agreement required
under subparagraph (C)(i), and after providing the
covered entity with an opportunity to provide
information in response to that finding, the Secretary
shall provide to the appropriate Committees of
Congress--
``(i) a notification of the violation;
``(ii) a brief description of how the
Secretary determined the covered entity to be
in violation; and
``(iii) a summary of any actions or planned
actions by the Secretary in response to the
violation.
``(I) Regulations.--The Secretary may issue
regulations implementing this paragraph.''; and
(6) by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that, in
carrying out subsection (a), the Secretary should allocate funds in a
manner that--
``(1) strengthens the security and resilience of the
semiconductor supply chain, including by mitigating gaps and
vulnerabilities;
``(2) provides a supply of secure semiconductors relevant
for national security;
``(3) strengthens the leadership of the United States in
semiconductor technology;
``(4) grows the economy of the United States and supports
job creation in the United States;
``(5) bolsters the semiconductor and skilled technical
workforces in the United States;
``(6) promotes the inclusion of economically disadvantaged
individuals and small businesses; and
``(7) improves the resiliency of the semiconductor supply
chains of critical manufacturing industries.
``(e) Additional Assistance for Mature Technology Nodes.--
``(1) In general.--The Secretary shall establish within the
program established under subsection (a) an additional program
that provides Federal financial assistance to covered entities
to incentivize investment in facilities and equipment in the
United States for the fabrication, assembly, testing, or
packaging of semiconductors at mature technology nodes.
``(2) Eligibility and requirements.--In order for an entity
to qualify to receive Federal financial assistance under this
subsection, the covered entity shall agree to--
``(A) submit an application under subsection
(a)(2)(A);
``(B) meet the eligibility requirements under
subsection (a)(2)(B);
``(C)(i) provide equipment or materials for the
fabrication, assembly, testing, or packaging of
semiconductors at mature technology nodes in the United
States; or
``(ii) fabricate, assemble using packaging, or test
semiconductors at mature technology nodes in the United
States;
``(D) commit to using any Federal financial
assistance received under this section to increase the
production of semiconductors at mature technology
nodes; and
``(E) be subject to the considerations described in
subsection (a)(2)(C).
``(3) Procedures.--In granting Federal financial assistance
to covered entities under this subsection, the Secretary may
use the procedures established under subsection (a).
``(4) Considerations.--In addition to the considerations
described in subsection (a)(2)(C), in granting Federal
financial assistance under this subsection, the Secretary may
consider whether a covered entity produces or supplies
equipment or materials used in the fabrication, assembly,
testing, or packaging of semiconductors at mature technology
nodes that are necessary to support a critical manufacturing
industry.
``(5) Priority.--In awarding Federal financial assistance
to covered entities under this subsection, the Secretary shall
give priority to covered entities that support the resiliency
of semiconductor supply chains for critical manufacturing
industries in the United States.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this subsection $2,000,000,000, which shall remain available
until expended.
``(f) Construction Projects.--Section 602 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a
construction project that receives financial assistance from the
Secretary under this section.
``(g) Loans and Loan Guarantees.--
``(1) In general.--Subject to the requirements of
subsection (a) and this subsection, the Secretary may make or
guarantee loans to covered entities as financial assistance
under this section.
``(2) Conditions.--The Secretary may select eligible
projects to receive loans or loan guarantees under this
subsection if the Secretary determines that--
``(A) the covered entity--
``(i) has a reasonable prospect of repaying
the principal and interest on the loan; and
``(ii) has met such other criteria as may
be established and published by the Secretary;
and
``(B) the amount of the loan (when combined with
amounts available to the loan recipient from other
sources) will be sufficient to carry out the project.
``(3) Reasonable prospect of repayment.--The Secretary
shall base a determination of whether there is a reasonable
prospect of repayment of the principal and interest on a loan
under paragraph (2)(A)(i) on a comprehensive evaluation of
whether the covered entity has a reasonable prospect of
repaying the principal and interest, including, as applicable,
an evaluation of--
``(A) the strength of the contractual terms of the
project the covered entity plans to perform (if
commercially reasonably available);
``(B) the forecast of noncontractual cash flows
supported by market projections from reputable sources,
as determined by the Secretary;
``(C) cash sweeps and other structure enhancements;
``(D) the projected financial strength of the
covered entity--
``(i) at the time of loan close; and
``(ii) throughout the loan term after the
project is completed;
``(E) the financial strength of the investors and
strategic partners of the covered entity, if
applicable;
``(F) other financial metrics and analyses that the
private lending community and nationally recognized
credit rating agencies rely on, as determined
appropriate by the Secretary; and
``(G) such other criteria the Secretary may
determine relevant.
``(4) Rates, terms, and repayments of loans.--A loan
provided under this subsection--
``(A) shall have an interest rate that does not
exceed a level that the Secretary determines
appropriate, taking into account, as of the date on
which the loan is made, the cost of funds to the
Department of the Treasury for obligations of
comparable maturity; and
``(B) shall have a term of not more than 25 years.
``(5) Additional terms.--A loan or guarantee provided under
this subsection may include any other terms and conditions that
the Secretary determines to be appropriate.
``(6) Responsible lender.--No loan may be guaranteed under
this subsection, unless the Secretary determines that--
``(A) the lender is responsible; and
``(B) adequate provision is made for servicing the
loan on reasonable terms and protecting the financial
interest of the United States.
``(7) Advanced budget authority.--New loans may not be
obligated and new loan guarantees may not be committed to under
this subsection, unless appropriations of budget authority to
cover the costs of such loans and loan guarantees are made in
advance in accordance with section 504(b) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)).
``(8) Continued oversight.--The loan agreement for a loan
guaranteed under this subsection shall provide that no
provision of the loan agreement may be amended of waived
without the consent of the Secretary.
``(h) Oversight.--Not later than 4 years after disbursement of the
first financial award under subsection (a), the Inspector General of
the Department of Commerce shall audit the program under this section
to assess--
``(1) whether the eligibility requirements for covered
entities receiving financial assistance under the program are
met;
``(2) whether eligible entities use the financial
assistance received under the program in accordance with the
requirements of this section;
``(3) whether the covered entities receiving financial
assistance under this program have carried out the commitments
made to worker and community investment under subsection
(a)(2)(B)(ii)(II) by the target date for completion set by the
Secretary under subsection (a)(5)(A);
``(4) whether the required agreement entered into by
covered entities and the Secretary under subsection
(a)(6)(C)(i), including the notification process, has been
carried out to provide covered entities sufficient guidance
about a violation of the required agreement;
``(5) whether the Secretary has provided timely
Congressional notification about violations of the required
agreement under subsection (a)(6)(C)(i), including the required
information on how the Secretary reached a determination of
whether a covered entity was in violation under subsection
(a)(6)(E); and
``(6) whether the Secretary has sufficiently reviewed any
covered entity engaging in a listed exception under subsection
(a)(6)(C)(ii).
``(i) Prohibition on Use of Funds.--No funds made available under
this section may be used to construct, modify, or improve a facility
outside of the United States.''.
(c) Advanced Microelectronics Research and Development.--Section
9906 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (15 U.S.C. 4656) is amended--
(1) in subsection (a)(3)(A)(ii)--
(A) in subclause (II), by inserting ``, including
for technologies based on organic and inorganic
materials'' after ``components''; and
(B) in subclause (V), by striking ``and supply
chain integrity'' and inserting ``supply chain
integrity, and workforce development'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and grow the domestic
semiconductor workforce'' after ``prototyping
of advanced semiconductor technology''; and
(ii) by adding at the end the following:
``The Secretary may make financial assistance
awards, including construction awards, in
support of the national semiconductor
technology center.''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``and
capitalize'' before ``an investment fund''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) To work with the Secretary of Labor, the
Director of the National Science Foundation, the
Secretary of Energy, the private sector, institutions
of higher education, and workforce training entities to
incentivize and expand geographically diverse
participation in graduate, undergraduate, and community
college programs relevant to microelectronics,
including through--
``(i) the development and dissemination of
curricula and research training experiences;
and
``(ii) the development of workforce
training programs and apprenticeships in
advanced microelectronic design, research,
fabrication, and packaging capabilities.'';
(3) in subsection (d)--
(A) by striking ``the Manufacturing USA institute''
and inserting ``a Manufacturing USA institute''; and
(B) by adding at the end the following: ``The
Director may make financial assistance awards,
including construction awards, in support of the
National Advanced Packaging Manufacturing Program.'';
(4) in subsection (f)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a Manufacturing USA
Institute'' and inserting ``not more than 3
Manufacturing USA Institutes'';
(ii) by striking ``is focused on
semiconductor manufacturing.'' and inserting
``are focused on semiconductor manufacturing.
The Secretary of Commerce may award financial
assistance to any Manufacturing USA Institute
for work relating to semiconductor
manufacturing.''; and
(iii) by striking ``Such institute may
emphasize'' and inserting ``Such institutes may
emphasize''; and
(5) by adding at the end the following:
``(h) Construction Projects.--Section 602 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a
construction project that receives financial assistance under this
section.''.
(d) Additional Authorities.--Division H of title XCIX of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4651 et seq.) is amended by adding at the
end the following:
``SEC. 9909. ADDITIONAL AUTHORITIES.
``(a) In General.--In carrying out the responsibilities of the
Department of Commerce under this division, the Secretary may--
``(1) enter into agreements, including contracts, grants
and cooperative agreements, and other transactions as may be
necessary and on such terms as the Secretary considers
appropriate;
``(2) make advance payments under agreements and other
transactions authorized under paragraph (1) without regard to
section 3324 of title 31, United States Code;
``(3) require a person or other entity to make payments to
the Department of Commerce upon application and as a condition
for receiving support through an award of assistance or other
transaction;
``(4) procure temporary and intermittent services of
experts and consultants in accordance with section 3109 of
title 5, United States Code;
``(5) notwithstanding section 3104 of title 5, United
States Code, or the provisions of any other law relating to the
appointment, number, classification, or compensation of
employees, make appointments of scientific, engineering, and
professional personnel, and fix the basic pay of such personnel
at a rate to be determined by the Secretary at rates not in
excess of the highest total annual compensation payable at the
rate determined under section 104 of title 3, United States
Code, except that the Secretary shall appoint not more than 25
personnel under this paragraph;
``(6) with the consent of another Federal agency, enter
into an agreement with that Federal agency to use, with or
without reimbursement, any service, equipment, personnel, or
facility of that Federal agency; and
``(7) establish such rules, regulations, and procedures as
the Secretary considers appropriate.
``(b) Requirement.--Any funds received from a payment made by a
person or entity pursuant to subsection (a)(3) shall be credited to and
merged with the account from which support to the person or entity was
made''.
(e) Conforming Amendment.--The table of contents for division H of
title XCIX of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by adding after the item relating to section 9908 the following:
``9909. Additional authorities.''.
SEC. 104. OPPORTUNITY AND INCLUSION.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce shall establish
activities in the Department of Commerce, within the program
established under section 9902 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4652), to carry out this section using funds appropriated under this
Act.
(b) In General.--The Secretary of Commerce shall assign personnel
to lead and support the activities carried out under this section,
including coordination with other workforce development activities of
the Department of Commerce or of Federal agencies, as defined in
section 551 of title 5, United States Code, as appropriate.
(c) Activities.--Personnel assigned by the Secretary to carry out
the activities under this section shall--
(1) assess the eligibility of a covered entity, as defined
in section 9901 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4651), for financial assistance for a project with respect to
the requirements under subclauses (II) and (III) of section
9902(a)(2)(B)(ii) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4652(a)(2)(B)(ii)(II) and (III));
(2) ensure that each covered entity, as defined in section
9901 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651),that is
awarded financial assistance under section 9902 of that Act (15
U.S.C. 4652) is carrying out the commitments of the covered
entity to economically disadvantaged individuals as described
in the application of the covered entity under that section by
the target dates for completion established by the Secretary of
Commerce under subsection(a)(5)(A) of that section; and
(3) increase participation of and outreach to economically
disadvantaged individuals, minority-owned businesses, veteran-
owned businesses, and women-owned businesses, as defined by the
Secretary of Commerce, respectively, in the geographic area of
a project under section 9902 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652) and serve as a resource for those individuals,
businesses, and covered entities.
(d) Staff.--The activities under this section shall be staffed at
the appropriate levels to carry out the functions and responsibilities
under this section until 95 percent of the amounts of funds made
available for the program established under section 9902 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4652) have been expended.
(e) Report.--Beginning on the date that is 1 year after the date on
which the Secretary of Commerce establishes the activities described in
subsection (c), the Secretary of Commerce shall submit to the
appropriate committees of Congress, as defined in section 9901(1) of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4651), and make publicly available on the
website of the Department of Commerce an annual report regarding the
actions taken by the Department of Commerce under this section.
SEC. 105. ADDITIONAL GAO REPORTING REQUIREMENTS.
(a) NDAA.--Section 9902(c) of William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652(c)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``; and''
and inserting a semicolon; and
(ii) by adding at the end the following:
``(iii) the Federal Government could take
specific actions to address shortages in the
semiconductor supply chain, including--
``(I) demand-side incentives,
including incentives related to the
information and communications
technology supply chain; and
``(II) additional incentives, at
national and global scales, to
accelerate utilization of leading-edge
semiconductor nodes to address
shortages in mature semiconductor
nodes; and''; and
(B) in subparagraph (C)--
(i) in clause (iii), by striking ``; and''
and inserting a semicolon; and
(ii) by inserting after clause (iv) the
following:
``(v) how projects are supporting the
semiconductor needs of critical infrastructure
industries in the United States, including
those industries designated by the
Cybersecurity and Infrastructure Security
Agency as essential infrastructure industries;
and''; and
(2) by inserting after paragraph (1)(C)(iv) the following:
``(D) drawing on data made available by the
Department of Labor or other sources, to the extent
practicable, an analysis of--
``(i) semiconductor industry data regarding
businesses that are--
``(I) majority owned and controlled
by minority individuals;
``(II) majority owned and
controlled by women; or
``(III) majority owned and
controlled by both women and minority
individuals;
``(ii) the number and amount of contracts
and subcontracts awarded by each covered entity
using funds made available under subsection (a)
disaggregated by recipients of each such
contract or subcontracts that are majority
owned and controlled by minority individuals
and majority owned and controlled by women; and
``(iii) aggregated workforce data,
including data by race or ethnicity, sex, and
job categories.''.
(b) Department of Defense.--Section 9202(a)(1)(G)(ii)(I) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)(ii)(I)) is amended by
inserting ``(including whether recipients are majority owned and
controlled by minority individuals and majority owned and controlled by
women)'' after ``to whom''.
SEC. 106. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN INNOVATION.
(a) Direct Appropriations.--In addition to amounts otherwise
available for such purposes, there is appropriated to the Public
Wireless Supply Chain Innovation Fund established under section
9202(a)(1) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652(a)(1)), out of
amounts in the Treasury not otherwise appropriated--
(1) $150,000,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $1,350,000,000 for fiscal year 2023, to remain
available until September 30, 2032.
(b) Use of Funds, Administration, and Oversight.--Of the amounts
made available under subsection (a)--
(1) not more than 5 percent of the amounts allocated
pursuant to subsection (c) in a given fiscal year may be used
by the Assistant Secretary of Commerce for Communications and
Information to administer the programs funded from the Public
Wireless Supply Chain Innovation Fund; and
(2) not less than $2,000,000 per fiscal year shall be
transferred to the Office of Inspector General of the
Department of Commerce for oversight related to activities
conducted using amounts provided under this section.
(c) Allocation Authority.--
(1) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations of the amount recommended for allocation in a
fiscal year from amounts made available under subsection (a)--
(A) for fiscal years 2022 and 2023, not later than
60 days after the date of enactment of this Act; and
(B) for each subsequent fiscal year through 2032,
as part of the annual budget submission of the
President under section 1105(a) of title 31, United
States Code.
(2) Alternate allocation.--
(A) In general.--The Committees on Appropriations
of the House of Representatives and the Senate may
provide for alternate allocation of amounts recommended
for allocation in a given fiscal year from amounts made
available under subsection (a), including by account,
program, and project.
(B) Allocation by president.--
(i) No alternate allocations.--If Congress
has not enacted legislation establishing
alternate allocations, including by account,
program, and project, by the date on which the
Act making full-year appropriations for the
Departments of Commerce and Justice, Science,
and Related Agencies for the applicable fiscal
year is enacted into law, only then shall
amounts recommended for allocation for that
fiscal year from amounts made available under
subsection (a) be allocated by the President or
apportioned or allotted by account, program,
and project pursuant to title 31, United States
Code.
(ii) Insufficient alternate allocation.--If
Congress enacts legislation establishing
alternate allocations, including by account,
program, and project, for amounts recommended
for allocation in a given fiscal year from
amounts made available under subsection (a)
that are less than the full amount recommended
for allocation for that fiscal year, the
difference between the amount recommended for
allocation and the alternate allocation shall
be allocated by the President and apportioned
and allotted by account, program, and project
pursuant to title 31, United States Code.
(d) Sequestration.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended by inserting after ``Postal Service Fund (18-4020-0-3-372).''
the following:
``Public Wireless Supply Chain Innovation
Fund.''.
(e) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of this section shall not be estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee
on Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3
of the Statutory Pay-As-You-Go Act of 2010 as being
included in an appropriation Act.
SEC. 107. ADVANCED MANUFACTURING INVESTMENT CREDIT.
(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. ADVANCED MANUFACTURING INVESTMENT CREDIT.
``(a) Establishment of Credit.--For purposes of section 46, the
advanced manufacturing investment credit for any taxable year is an
amount equal to 25 percent of the qualified investment for such taxable
year with respect to any advanced manufacturing facility of an eligible
taxpayer.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment with respect to any advanced manufacturing
facility for any taxable year is the basis of any qualified
property placed in service by the taxpayer during such taxable
year which is part of an advanced manufacturing facility.
``(2) Qualified property.--
``(A) In general.--For purposes of this subsection,
the term `qualified property' means property--
``(i) which is tangible property,
``(ii) with respect to which depreciation
(or amortization in lieu of depreciation) is
allowable,
``(iii) which is--
``(I) constructed, reconstructed,
or erected by the taxpayer, or
``(II) acquired by the taxpayer if
the original use of such property
commences with the taxpayer, and
``(iv) which is integral to the operation
of the advanced manufacturing facility.
``(B) Buildings and structural components.--
``(i) In general.--The term `qualified
property' includes any building or its
structural components which otherwise satisfy
the requirements under subparagraph (A).
``(ii) Exception.--Clause (i) shall not
apply with respect to a building or portion of
a building used for offices, administrative
services, or other functions unrelated to
manufacturing.
``(3) Advanced manufacturing facility.--For purposes of
this section, the term `advanced manufacturing facility' means
a facility for which the primary purpose is the manufacturing
of semiconductors or semiconductor manufacturing equipment.
``(4) Coordination with rehabilitation credit.--The
qualified investment with respect to any advanced manufacturing
facility for any taxable year shall not include that portion of
the basis of any property which is attributable to qualified
rehabilitation expenditures (as defined in section 47(c)(2)).
``(5) Certain progress expenditure 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 date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of subsection (a).
``(c) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any taxpayer which--
``(1) is not a foreign entity of concern (as defined in
section 9901(6) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021), and
``(2) has not made an applicable transaction (as defined in
section 50(a)) during the taxable year.
``(d) Elective Payment.--
``(1) In general.--Except as otherwise provided in
paragraph (2)(A), in the case of a taxpayer making an election
(at such time and in such manner as the Secretary may provide)
under this subsection with respect to the credit determined
under subsection (a) with respect to such taxpayer, such
taxpayer shall be treated as making a payment against the tax
imposed by subtitle A (for the taxable year with respect to
which such credit was determined) equal to the amount of such
credit.
``(2) Special rules.--For purposes of this subsection--
``(A) Application to partnerships and s
corporations.--
``(i) In general.--In the case of the
credit determined under subsection (a) with
respect to any property held directly by a
partnership or S corporation, any election
under paragraph (1) shall be made by such
partnership or S corporation. If such
partnership or S corporation makes an election
under such paragraph (in such manner as the
Secretary may provide) with respect to such
credit--
``(I) the Secretary shall make a
payment to such partnership or S
corporation equal to the amount of such
credit,
``(II) paragraph (3) shall be
applied with respect to such credit
before determining any partner's
distributive share, or shareholder's
pro rata share, of such credit,
``(III) any amount with respect to
which the election in paragraph (1) is
made shall be treated as tax exempt
income for purposes of sections 705 and
1366, and
``(IV) a partner's distributive
share of such tax exempt income shall
be based on such partner's distributive
share of the otherwise applicable
credit for each taxable year.
``(ii) Coordination with application at
partner or shareholder level.--In the case of
any property held directly by a partnership or
S corporation, no election by any partner or
shareholder shall be allowed under paragraph
(1) with respect to any credit determined under
subsection (a) with respect to such property.
``(B) Elections.--Any election under paragraph (1)
shall be made not later than the due date (including
extensions of time) for the return of tax for the
taxable year for which the election is made, but in no
event earlier than 270 days after the date of the
enactment of this section. Any such election, once
made, shall be irrevocable. Except as otherwise
provided in this subparagraph, any election under
paragraph (1) shall apply with respect to any credit
for the taxable year for which the election is made.
``(C) Timing.--The payment described in paragraph
(1) shall be treated as made on the later of the due
date (determined without regard to extensions) of the
return of tax for the taxable year or the date on which
such return is filed.
``(D) Treatment of payments to partnerships and s
corporations.--For purposes of section 1324 of title
31, United States Code, the payments under subparagraph
(A)(i)(I) shall be treated in the same manner as a
refund due from a credit provision referred to in
subsection (b)(2) of such section.
``(E) Additional information.--As a condition of,
and prior to, any amount being treated as a payment
which is made by the taxpayer under paragraph (1) or
any payment being made pursuant to subparagraph (A),
the Secretary may require such information or
registration as the Secretary deems necessary or
appropriate for purposes of preventing duplication,
fraud, improper payments, or excessive payments under
this section.
``(F) Excessive payment.--
``(i) In general.--In the case of any
amount treated as a payment which is made by
the taxpayer under paragraph (1), or any
payment made pursuant to subparagraph (A),
which the Secretary determines constitutes an
excessive payment, the tax imposed on such
taxpayer by chapter 1 for the taxable year in
which such determination is made shall be
increased by an amount equal to the sum of--
``(I) the amount of such excessive
payment, plus
``(II) an amount equal to 20
percent of such excessive payment.
``(ii) Reasonable cause.--Clause (i)(II)
shall not apply if the taxpayer demonstrates to
the satisfaction of the Secretary that the
excessive payment resulted from reasonable
cause.
``(iii) Excessive payment defined.--For
purposes of this subparagraph, the term
`excessive payment' means, with respect to
property for which an election is made under
this subsection for any taxable year, an amount
equal to the excess of--
``(I) the amount treated as a
payment which is made by the taxpayer
under paragraph (1), or the amount of
the payment made pursuant to
subparagraph (A), with respect to such
property for such taxable year, over
``(II) the amount of the credit
which, without application of this
subsection, would be otherwise
allowable (determined without regard to
section 38(c)) under subsection (a)
with respect to such property for such
taxable year.
``(3) Denial of double benefit.--In the case of a taxpayer
making an election under this subsection with respect to the
credit determined under subsection (a), such credit shall be
reduced to zero and shall, for any other purposes under this
title, be deemed to have been allowed to the taxpayer for such
taxable year.
``(4) Mirror code possessions.--In the case of any
possession of the United States with a mirror code tax system
(as defined in section 24(k)), this subsection shall not be
treated as part of the income tax laws of the United States for
purposes of determining the income tax law of such possession
unless such possession elects to have this subsection be so
treated.
``(5) Basis reduction and recapture.--Rules similar to the
rules of subsections (a) and (c) of section 50 shall apply with
respect to--
``(A) any amount treated as a payment which is made
by the taxpayer under paragraph (1), and
``(B) any payment made pursuant to paragraph
(2)(A).
``(6) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including--
``(A) regulations or other guidance providing rules
for determining a partner's distributive share of the
tax exempt income described in paragraph
(2)(A)(i)(III), and
``(B) guidance to ensure that the amount of the
payment or deemed payment made under this subsection is
commensurate with the amount of the credit that would
be otherwise allowable (determined without regard to
section 38(c)).
``(e) Termination of Credit.--The credit allowed under this section
shall not apply to property the construction of which begins after
December 31, 2026.''.
(b) Recapture in Connection With Certain Expansions.--
(1) In general.--Section 50(a) of the Internal Revenue Code
of 1986 is amended redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and by inserting
after paragraph (2) the following new paragraph:
``(3) Certain expansions in connection with advanced
manufacturing facilities.--
``(A) In general.--If there is a an applicable
transaction by an applicable taxpayer before the close
of the 10-year period beginning on the date such
taxpayer placed in service investment credit property
which is eligible for the advanced manufacturing
investment credit under section 48D(a), then the tax
under this chapter for the taxable year in which such
transaction occurs shall be increased by 100 percent of
the aggregate decrease in the credits allowed under
section 38 for all prior taxable years which would have
resulted solely from reducing to zero any credit
determined under section 46 which is attributable to
the advanced manufacturing investment credit under
section 48D(a) with respect to such property.
``(B) Exception.--Subparagraph (A) shall not apply
if the applicable taxpayer demonstrates to the
satisfaction of the Secretary that the applicable
transaction has been ceased or abandoned within 45 days
of a determination and notice by the Secretary.
``(C) Regulations and guidance.--The Secretary
shall issue such regulations or other guidance as the
Secretary determines necessary or appropriate to carry
out the purposes of this paragraph, including
regulations or other guidance which provide for
requirements for recordkeeping or information reporting
for purposes of administering the requirements of this
paragraph.''.
(2) Applicable transaction; applicable taxpayer.--Section
50(a)(6) of the Internal Revenue Code of 1986, as redesignated
by paragraph (1), is amended adding at the end the following
new subparagraphs:
``(D) Applicable transaction.--For purposes of this
subsection--
``(i) In general.--The term `applicable
transaction' means, with respect to any
applicable taxpayer, any significant
transaction (as determined by the Secretary, in
coordination with the Secretary of Commerce and
the Secretary of Defense) involving the
material expansion of semiconductor
manufacturing capacity of such applicable
taxpayer in the People's Republic of China or a
foreign country of concern (as defined in
section 9901(7) of the William M. (Mac)
Thornberry National Defense Authorization Act
for Fiscal Year 2021).
``(ii) Exception.--Such term shall not
include a transaction which primarily involves
the expansion of manufacturing capacity for
legacy semiconductors (as defined in section
9902(a)(6) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal
Year 2021).
``(E) Applicable taxpayer.--For purposes of this
subsection, the term `applicable taxpayer' means any
taxpayer who has been allowed a credit under section
48D(a) for any prior taxable year.''.
(3) Conforming amendments.--
(A) Section 50(a)(4) of the Internal Revenue Code
of 1986, as redesignated by paragraph (1), is amended--
(i) by inserting ``, or any applicable
transaction to which paragraph (3)(A) applies''
after ``paragraphs (1) and (2)'', and
(ii) by inserting ``or applicable
transaction'' after ``such cessation''.
(B) Section 50(a)(6)(C) of such Code, as
redesignated by paragraph (1), is amended by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1),
(2), or (3)''.
(C) Section 1371(d)(1) of such Code is amended by
striking ``section 50(a)(4)'' and inserting ``section
50(a)(5)''.
(c) Exemption of Elective Payments From Sequestration.--Subsection
(d) of section 255 of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 905) is amended to read as follows:
``(d) Refundable Income Tax Credits and Certain Elective
Payments.--
``(1) Refundable income tax credits.--Payments to
individuals made pursuant to provisions of the Internal Revenue
Code of 1986 establishing refundable tax credits shall be
exempt from reduction under any order issued under this part.
``(2) Certain elective payments.--Payments made to
taxpayers pursuant to elections under subsection (d) of section
48D of the Internal Revenue Code of 1986, or amounts treated as
payments which are made by taxpayers under paragraph (1) of
such subsection, shall be exempt from reduction under any order
issued under this part.''.
(d) Conforming Amendments.--
(1) Paragraph (6) of section 46 of the Internal Revenue
Code of 1986 is amended to read as follows:
``(6) the advanced manufacturing investment 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 new clause:
``(vi) the basis of any qualified property
(as defined in subsection (b)(2) of section
48D) which is part of an advanced manufacturing
facility (as defined in subsection (b)(3) of
such section).''.
(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)(5)''.
(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. Advanced manufacturing investment credit.''.
(e) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(d)).
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of this section shall not be estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee
on Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3
of the Statutory Pay-As-You-Go Act of 2010 as being
included in an appropriation Act.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2022, and, for any property the
construction of which begins prior to January 1, 2023, only to
the extent of the basis thereof attributable to the
construction, reconstruction, or erection after the date of
enactment of this Act.
(2) Exemption of elective payments from sequestration.--The
amendment made by subsection (c) shall apply to any
sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on
or after December 31, 2022.
DIVISION B--RESEARCH AND INNOVATION
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION B--RESEARCH AND INNOVATION
Sec. 10000. Table of contents.
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Budgetary effects.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Science laboratories infrastructure program.
Sec. 10109. Accelerator research and development.
Sec. 10110. Isotope research, development, and production.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; helium
conservation program; Office of Science
emerging biological threat preparedness
research initiative; midscale
instrumentation and research equipment
program; authorization of appropriations.
Sec. 10113. Established program to stimulate competitive research.
Sec. 10114. Research security.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
Sec. 10201. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B--Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cybersecurity theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Artificial intelligence.
Sec. 10233. Sustainable chemistry research and education.
Sec. 10234. Premise plumbing research.
Sec. 10235. Dr. David Satcher Cybersecurity Education Grant Program.
Subtitle C--General Activities
Sec. 10241. Educational outreach and support for underrepresented
communities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to Congress on collaborations with government
agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D--Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part
of the Hollings Manufacturing Extension
Partnership.
Sec. 10252. Update to Hollings Manufacturing Extension Partnership.
Sec. 10253. National Supply Chain Database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Sec. 10255. Amendment to the Hollings Manufacturing Extension
Partnership relating to institutions of
higher education.
Subtitle E--Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Sec. 10262. Expanding opportunities through the Manufacturing USA
Program.
Sec. 10263. Promoting domestic production of technologies developed
under Manufacturing USA Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Subtitle A--Preliminary Matters
Sec. 10301. Sense of Congress.
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Subtitle B--STEM Education
Sec. 10311. PreK-12 STEM education.
Sec. 10312. Undergraduate STEM education.
Sec. 10313. Graduate STEM education.
Sec. 10314. STEM workforce data.
Sec. 10315. Cyber workforce development research and development.
Sec. 10316. Federal cyber scholarship-for-service program.
Sec. 10317. Cybersecurity workforce data initiative.
Sec. 10318. Microelectronics workforce development activities.
Sec. 10319. Incorporation of art and design into certain STEM
education.
Sec. 10320. Mandatory cost-sharing.
Sec. 10321. Programs to address the STEM workforce.
Subtitle C--Broadening Participation
Sec. 10321. Presidential awards for excellence in mathematics and
science.
Sec. 10322. Robert Noyce Teacher Scholarship program update.
Sec. 10323. NSF Eddie Bernice Johnson INCLUDES Initiative.
Sec. 10324. Broadening participation on major facilities awards.
Sec. 10325. Expanding geographic and institutional diversity in
research.
Sec. 10326. Diversity in tech research.
Sec. 10327. Chief Diversity Officer of the NSF.
Sec. 10328. Research and dissemination to increase the participation of
women and underrepresented minorities in
STEM fields.
Sec. 10329. Activities to expand STEM opportunities.
Sec. 10330. Intramural emerging research institutions pilot program.
Subtitle D--NSF Research Security
Sec. 10331. Office of Research Security and Policy.
Sec. 10332. Chief of Research Security.
Sec. 10333. Reporting to Congress.
Sec. 10334. Online resource.
Sec. 10335. Research awards.
Sec. 10336. Authorities.
Sec. 10337. Responsible conduct in research training.
Sec. 10338. Research security and integrity information sharing
analysis organization.
Sec. 10339. Plan with respect to controlled information and background
screening.
Sec. 10339A. Foundation funding to institutions hosting or supporting
Confucius Institutes.
Sec. 10339B. Foreign financial support.
Sec. 10339C. Authorization of appropriations.
Subtitle E--Fundamental Research
Sec. 10341. Broader impacts.
Sec. 10342. Sense of Congress.
Sec. 10343. Research ethics.
Sec. 10344. Research reproducibility and replicability.
Sec. 10345. Climate change research.
Sec. 10346. Social, behavioral, and economic sciences.
Sec. 10347. Measuring impacts of Federally funded research and
development.
Sec. 10348. Food-energy-water research.
Sec. 10349. Biological Field Stations and Marine Laboratories.
Sec. 10350. Sustainable chemistry research and education.
Sec. 10351. Risk and resilience research.
Sec. 10352. Unmanned aircraft systems technologies.
Sec. 10353. Accelerating unmanned maritime systems technologies.
Sec. 10354. Leveraging international expertise in research.
Sec. 10355. Biological research collections.
Sec. 10356. Clean water research and technology acceleration.
Sec. 10357. Technology and behavioral science research.
Sec. 10358. Manufacturing research amendment.
Sec. 10359. Critical minerals mining research and development.
Sec. 10360. Study of AI research capacity.
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act.
Sec. 10362. Astronomy and satellite constellations.
Sec. 10363. Research on the impact of inflation.
Sec. 10364. Microgravity utilization policy.
Sec. 10365. Recognition of the Arecibo Observatory.
Subtitle F--Research Infrastructure
Sec. 10371. Facility operation and maintenance.
Sec. 10372. Reviews.
Sec. 10373. Helium conservation.
Sec. 10374. Advanced computing.
Sec. 10375. National secure data service.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
Sec. 10381. Establishment.
Sec. 10382. Purposes.
Sec. 10383. Activities.
Sec. 10384. Requirements.
Sec. 10385. Assistant Director.
Sec. 10386. Advisory committee.
Sec. 10387. Challenges and focus areas.
Sec. 10388. Regional Innovation Engines.
Sec. 10389. Translation accelerator.
Sec. 10390. Test beds.
Sec. 10391. Planning and capacity building awards.
Sec. 10392. Entrepreneurial fellowships.
Sec. 10393. Scholarships and fellowships.
Sec. 10394. Research and development awards.
Sec. 10395. Scaling innovations in PreK-12 STEM education.
Sec. 10396. Authorities.
Sec. 10397. Coordination of activities.
Sec. 10398. Ethical, legal, and societal considerations.
Sec. 10399. Reports and roadmaps.
Sec. 10399A. Evaluation.
Subtitle H--Administrative Amendments
Sec. 10399D. Supporting veterans in STEM careers.
Sec. 10399E. Sunshine Act compliance.
Sec. 10399F. Science and engineering indicators report submission.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
Sec. 10401. Definitions.
Sec. 10402. National engineering biology research and development
initiative.
Sec. 10403. Initiative coordination.
Sec. 10404. Advisory committee on engineering biology research and
development.
Sec. 10405. External review of ethical, legal, environmental, safety,
security, and societal issues.
Sec. 10406. Agency activities.
Sec. 10407. Rule of construction.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
Sec. 10501. Federal research agency policies for caregivers.
Sec. 10502. Collection and reporting of data on federal research
awards.
Sec. 10503. Policies for review of Federal research awards.
Sec. 10504. Collection of data on demographics of faculty.
Sec. 10505. Cultural and institutional barriers to expanding the
academic and Federal STEM workforce.
Sec. 10506. Existing activities.
Sec. 10507. Report to Congress.
Sec. 10508. Merit review.
Sec. 10509. Determination of budgetary effects.
Sec. 10510. Definition.
Subtitle B--Rural STEM Education Research
Sec. 10511. Definition.
Sec. 10512. National Science Foundation rural STEM activities.
Sec. 10513. Opportunities for online education.
Sec. 10514. National Academies evaluation.
Sec. 10515. GAO review.
Sec. 10516. NIST engagement with rural communities.
Subtitle C--MSI STEM Achievement
Sec. 10521. GAO review.
Sec. 10522. Agency responsibilities.
Sec. 10523. Research at the National Science Foundation.
Sec. 10524. Capacity-building program for developing universities.
Sec. 10525. Tribal Colleges and Universities program.
Sec. 10526. Definitions.
Subtitle D--Combating Sexual Harassment in Science
Sec. 10531. Findings.
Sec. 10532. Purpose.
Sec. 10533. Definition.
Sec. 10534. Research awards.
Sec. 10535. Responsible Conduct Guide.
Sec. 10536. Interagency working group.
Sec. 10537. National Academies assessment.
Sec. 10538. GAO study.
Sec. 10539. Authorization of appropriations.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-career Researchers
Sec. 10601. Early-career research fellowship program.
Sec. 10602. Authorization of appropriations.
Subtitle B--National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Strategy and report on the Nation's economic security,
science, research, and innovation to
support the national security strategy.
Sec. 10613. Quadrennial science and technology review.
Subtitle C--Regional Innovation
Sec. 10621. Regional innovation capacity.
Sec. 10622. Regional Clean Energy Innovation Program.
Subtitle D--Research Security
Sec. 10631. Requirements for foreign talent recruitment programs.
Sec. 10632. Malign foreign talent recruitment program prohibition.
Sec. 10633. Review of contracts and agreements.
Sec. 10634. Research security training requirement for Federal research
award personnel.
Sec. 10635. Research funds accounting.
Sec. 10636. Person or entity of concern prohibition.
Sec. 10637. Nondiscrimination.
Sec. 10638. Definitions.
Subtitle E--Coastal and Ocean Acidification Research and Innovation
Sec. 10641. Short title.
Sec. 10642. Purposes.
Sec. 10643. Definitions.
Sec. 10644. Interagency working group.
Sec. 10645. Strategic research plan.
Sec. 10646. NOAA ocean acidification activities.
Sec. 10647. NSF ocean acidification activities.
Sec. 10648. NASA ocean acidification activities.
Sec. 10649. Authorization of appropriations.
Subtitle F--Interagency Working Group
Sec. 10651. Interagency working group.
Subtitle G--Quantum Networking and Communications
Sec. 10661. Quantum networking and communications.
Subtitle H--Blockchain Specialist
Sec. 10671. Establishment of blockchain and cryptocurrency specialist
position within OSTP.
Subtitle I--Partnerships for Energy Security and Innovation
Sec. 10691. Foundation for Energy Security and Innovation.
Subtitle J--Energizing Technology Transfer
Sec. 10701. Definitions.
PART 1--National Clean Energy Technology Transfer Programs
Sec. 10713. National clean energy incubator program.
Sec. 10714. Clean energy technology university prize competition.
Sec. 10715. Clean energy technology transfer coordination.
PART 2--Supporting Technology Development at the National Laboratories
Sec. 10716. Lab partnering service pilot program.
Sec. 10717. Lab-embedded entrepreneurship program.
Sec. 10718. Small business voucher program.
Sec. 10719. Entrepreneurial leave program.
Sec. 10720. National Laboratory non-Federal employee outside employment
authority.
PART 3--Department of Energy Modernization
Sec. 10722. Office of Technology Transitions.
Sec. 10723. Management of Department of Energy demonstration projects.
Sec. 10724. Streamlining prize competitions.
Sec. 10725. Cost-share waiver extension.
Sec. 10726. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 10727. Technology transfer reports and evaluation.
Subtitle K--Micro Act
Sec. 10731. Microelectronics research for energy innovation.
Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10741. Short title.
Sec. 10742. Purposes.
Sec. 10743. University infrastructure collaboration.
Sec. 10744. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10745. Science education and human resources scholarships,
fellowships, and research and development
projects.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10751. Low-emissions steel manufacturing research program.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
Sec. 10761. Applied laboratories infrastructure restoration and
modernization.
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
Sec. 10771. Department of Energy research, development, and
demonstration activities.
Subtitle P--Fission for the Future
Sec. 10781. Advanced nuclear technologies Federal research,
development, and demonstration program.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
Sec. 10801. Short title.
Sec. 10802. Definitions.
Subtitle A--Exploration
Sec. 10811. Moon to Mars.
Sec. 10812. Space Launch System configurations.
Sec. 10813. Rocket engine test infrastructure.
Sec. 10814. Pearl River maintenance.
Sec. 10815. Extension and modification relating to International Space
Station.
Sec. 10816. Priorities for International Space Station.
Sec. 10817. Technical amendments relating to Artemis missions.
Subtitle B--Science
Sec. 10821. Science priorities.
Sec. 10822. Search for life.
Sec. 10823. Next generation of astrophysics great observatories.
Sec. 10824. Earth science missions and programs.
Sec. 10825. Planetary Defense Coordination Office.
Subtitle C--Aeronautics
Sec. 10831. Experimental aircraft projects.
Sec. 10832. Unmanned aircraft systems.
Sec. 10833. Cleaner, quieter airplanes.
Subtitle D--Space Technology
Sec. 10841. Space nuclear capabilities.
Sec. 10842. Prioritization of low-enriched uranium technology.
Subtitle E--STEM Engagement
Sec. 10851. Office of STEM Engagement.
Subtitle F--Miscellaneous
Sec. 10861. Program, workforce, and industrial base reviews.
Sec. 10862. Modification of lease of non-excess property.
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Research and Development,
Competition, and Innovation Act''.
SEC. 10002. DEFINITIONS.
In this division:
(1) Artificial intelligence.--The term ``artificial
intelligence'' or ``AI'' has the meaning given such term in
section 5002 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
9401).
(2) Awardee.--The term ``awardee'' means the legal entity
to which Federal assistance is awarded and that is accountable
to the Federal Government for the use of the funds provided.
(3) Award personnel.--The term ``award personnel'' means
principal investigators and co-principal investigators,
faculty, postdoctoral researchers, and other employees
supported by a grant, cooperative agreement, or contract under
Federal law.
(4) Biomanufacturing.--The term ``biomanufacturing'' means
the utilization of biological systems to develop new and
advance existing products, tools, and processes at commercial
scale.
(5) Emerging research institution.--The term ``emerging
research institution'' means an institution of higher education
with an established undergraduate or graduate program that has
less than $50,000,000 in Federal research expenditures.
(6) Engineering biology.--The term ``engineering biology''
means the application of engineering design principles and
practices to biological systems, including molecular and
cellular systems, to advance fundamental understanding of
complex natural systems and to enable novel or optimize
functions and capabilities.
(7) EPSCoR.--The term ``EPSCoR'' has the meaning given the
term in section 502 of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p note).
(8) EPSCoR institution.--The term ``EPSCoR institution''
means an institution of higher education, nonprofit
organization, or other institution located in a jurisdiction
eligible to participate in the program under section 113 of the
National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g).
(9) Federal laboratory.--The term ``Federal laboratory''
has the meaning given such term in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(10) Federal research agency.--The term ``Federal research
agency'' means any Federal agency with an annual extramural
research expenditure of over $100,000,000 in fiscal year 2022
constant dollars.
(11) Foundation.--The term ``Foundation'' means the
National Science Foundation.
(12) Historically black college and university.--The term
``historically Black college and university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(14) Interagency working group on inclusion in stem.--The
term ``interagency working group on inclusion in STEM'' means
the interagency working group established by section 308 of the
American Innovation and Competitiveness Act (42 U.S.C. 6626).
(15) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)), except that such term
shall also include--
(A) any organization composed of labor
organizations, such as a labor union federation or a
State or municipal labor body; and
(B) any organization which would be included in the
definition for such term under such section 2(5) but
for the fact that the organization represents--
(i) individuals employed by the United
States, any wholly owned Government
corporation, any Federal Reserve Bank, or any
State or political subdivision thereof;
(ii) individuals employed by persons
subject to the Railway Labor Act (45 U.S.C. 151
et seq.); or
(iii) individuals employed as agricultural
laborers.
(16) Low-income individual.--The term ``low-income
individual'' means an individual from a family whose taxable
income for the preceding year did not exceed 150 percent of an
amount equal to the poverty level determined by using criteria
of poverty established by the Bureau of the Census.
(17) Manufacturing extension center.--The term
``manufacturing extension center'' has the meaning given the
term ``Center'' in section 25(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(a)).
(18) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' means a Manufacturing USA institute described
in section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)).
(19) Minority-serving institution.--The term ``minority-
serving institution'' means a Hispanic-serving institution as
defined in section 502(a) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)); an Alaska Native-serving institution or
Native Hawaiian-serving institution as defined in section
317(b) of such Act (20 U.S.C. 1059d(b)); or a Predominantly
Black institution, Asian American and Native American Pacific
Islander-serving institution, or Native American-serving
nontribal institution as defined in section 371(c) of such Act
(20 U.S.C. 1067q(c)).
(20) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
(21) Non-profit organization.--The term ``non-profit
organization'' means an organization which is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code.
(22) Prek-12.--The term ``PreK-12'' means pre-kindergarten
through grade 12.
(23) Quantum information science.--The term ``quantum
information science'' has the meaning given such term in
section 2 of the National Quantum Initiative Act (15 U.S.C.
8801).
(24) Recipient.--The term ``recipient'' means an entity,
usually a non-Federal entity, that receives a Federal award
directly from a Federal research agency. The term ``recipient''
does not include entities that receive subawards or individuals
that are the beneficiaries of the award.
(25) Research and development award.--The term ``research
and development award'' means support provided to an individual
or entity by a Federal research agency to carry out research
and development activities, which may include support in the
form of a grant, contract, cooperative agreement, or other such
transaction. The term does not include a grant, contract,
agreement or other transaction for the procurement of goods or
services to meet the administrative needs of a Federal research
agency.
(26) Skilled technical work.--The term ``skilled technical
work'' means an occupation that requires a high level of
knowledge in a technical domain and does not require a
bachelor's degree for entry.
(27) Stem.--The term ``STEM'' means science, technology,
engineering, and mathematics, including computer science.
(28) Stem education.--The term ``STEM education'' has the
meaning given the term in section 2 of the STEM Education Act
of 2015 (42 U.S.C. 6621 note).
(29) Technical standard.--The term ``technical standard''
has the meaning given such term in section 12(d)(5) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note).
(30) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given such term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
SEC. 10003. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(d)).
(b) Senate Paygo Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
SEC. 10101. MISSION OF THE OFFICE OF SCIENCE.
Section 209 of the Department of Energy Organization Act (42 U.S.C.
7139) is amended by adding at the end the following:
``(d) User Facilities.--The Director shall carry out the
construction, operation, and maintenance of user facilities to support
the mission described in subsection (c). As practicable, these
facilities shall serve the needs of the Department, industry, the
academic community, and other relevant entities for the purposes of
advancing the missions of the Department, improving the competitiveness
of the United States, protecting public health and safety, and
addressing other national priorities including emergencies.
``(e) Coordination.--
``(1) In general.--The Secretary--
``(A) shall ensure the coordination of the Office
of Science with the other activities of the Department,
including the transfer of knowledge, capabilities, and
relevant technologies from basic research programs of
the Department to applied research and development
programs of the Department for the purpose of enabling
development of mission-relevant technologies;
``(B) shall support joint activities among the
programs of the Department;
``(C) shall coordinate with other relevant Federal
agencies operating under existing authorizations
relating to subjects relating to the mission described
in subsection (c) in supporting advancements in related
research areas as appropriate; and
``(D) may form partnerships to enhance the
utilization of and ensure access to user facilities by
other Federal agencies.
``(2) Office of science.--The Director--
``(A) shall ensure the coordination of programs and
activities carried out by the Office of Science; and
``(B) shall direct all programs which have not
recently completed a future planning roadmap consistent
with the funding of such programs authorized under the
Research and Development, Competition, and Innovation
Act to complete such a roadmap.''.
SEC. 10102. BASIC ENERGY SCIENCES PROGRAM.
(a) Department of Energy Research and Innovation Act.--Section 303
of the Department of Energy Research and Innovation Act (42 U.S.C.
18641) is amended--
(1) by redesignating subsections (a) through (e) as
subsections (c) through (g), respectively;
(2) by inserting before subsection (c), as so redesignated,
the following:
``(a) Program.--As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139), the
Director shall carry out a research and development program in basic
energy sciences, including materials sciences and engineering, chemical
sciences, physical biosciences, geosciences, and other disciplines, to
understand, model, and control matter and energy at the electronic,
atomic, and molecular levels in order to provide the foundations for
new energy technologies, address scientific grand challenges, and
support the energy, environment, and national security missions of the
Department.
``(b) Sustainable Chemistry.--In carrying out chemistry-related
research and development activities under this section, the Director
shall prioritize research and development of sustainable chemistry to
support clean, safe, and economic alternatives and methodologies to
traditional chemical products and processes.'';
(3) in subsection (d), as so redesignated--
(A) in paragraph (3)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) autonomous chemistry and materials synthesis
and characterization facilities that leverage advances
in artificial intelligence; and''; and
(B) by adding at the end the following:
``(4) Advanced photon source upgrade.--
``(A) Definitions.--In this paragraph:
``(i) Flux.--The term `flux' means the rate
of flow of photons.
``(ii) Hard x-ray.--The term `hard x-ray'
means a photon with energy greater than 20
kiloelectron volts.
``(B) Upgrade.--The Secretary shall provide for the
upgrade to the Advanced Photon Source described in the
publication approved by the Basic Energy Sciences
Advisory Committee on June 9, 2016, entitled `Report on
Facility Upgrades', including the development of a
multibend achromat lattice to produce a high flux of
coherent x-rays within the hard x-ray energy region and
a suite of beamlines optimized for this source.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before March 31, 2026.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there is authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph $14,200,000 for fiscal
year 2023.
``(5) Spallation neutron source proton power upgrade.--
``(A) In general.--The Secretary shall provide for
the proton power upgrade to the Spallation Neutron
Source.
``(B) Proton power upgrade defined.--In this
paragraph, the term `proton power upgrade' means the
Spallation Neutron Source power upgrade described in--
``(i) the publication entitled `Facilities
for the Future of Science: A Twenty-Year
Outlook', published by the Office of Science of
the Department in December, 2003;
``(ii) the publication entitled `Four Years
Later: An Interim Report on Facilities for the
Future of Science: A Twenty-Year Outlook',
published by the Office of Science of the
Department in August, 2007; and
``(iii) the publication approved by the
Basic Energy Sciences Advisory Committee on
June 9, 2016, entitled `Report on Facility
Upgrades'.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before July 30, 2028, with the
option for early operation in 2025.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there is authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph--
``(i) $17,000,000 for fiscal year 2023;
``(ii) $14,202,000 for fiscal year 2024;
and
``(iii) $1,567,000 for fiscal year 2025.
``(6) Spallation neutron source second target station.--
``(A) In general.--The Secretary shall provide for
a second target station for the Spallation Neutron
Source.
``(B) Second target station defined.--In this
paragraph, the term `second target station' means the
Spallation Neutron Source second target station
described in--
``(i) the publication entitled, `Facilities
for the Future of Science: A Twenty-Year
Outlook', published by the Office of Science of
the Department in December, 2003;
``(ii) the publication entitled, `Four
Years Later: An Interim Report on Facilities
for the Future of Science: A Twenty-Year
Outlook', published by the Office of Science of
the Department in August, 2007; and
``(iii) the publication approved by the
Basic Energy Sciences Advisory Committee on
June 9, 2016, entitled `Report on Facility
Upgrades'.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the second target
station under this paragraph occurs before December 31,
2033, with the option for early operation in 2029.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
activities under this paragraph, including
construction--
``(i) $127,000,000 for fiscal year 2023;
``(ii) $205,000,000 for fiscal year 2024;
``(iii) $279,000,000 for fiscal year 2025;
``(iv) $300,000,000 for fiscal year 2026;
and
``(v) $281,000,000 for fiscal year 2027.
``(7) Advanced light source upgrade.--
``(A) Definitions.--In this paragraph:
``(i) Flux.--The term `flux' means the rate
of flow of photons.
``(ii) Soft x-ray.--The term `soft x-ray'
means a photon with energy in the range from 50
to 2,000 electron volts.
``(B) Upgrade.--The Secretary shall provide for the
upgrade to the Advanced Light Source described in the
publication approved by the Basic Energy Sciences
Advisory Committee on June 9, 2016, entitled `Report on
Facility Upgrades', including the development of a
multibend achromat lattice to produce a high flux of
coherent x-rays within the soft x-ray energy region.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before September 30, 2029.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph--
``(i) $135,000,000 for fiscal year 2023;
``(ii) $102,500,000 for fiscal year 2024;
``(iii) $50,000,000 for fiscal year 2025;
and
``(iv) $1,400,000 for fiscal year 2026.
``(8) Linac coherent light source ii high energy upgrade.--
``(A) Definitions.--In this paragraph:
``(i) High energy.--The term `high energy',
with respect to an x-ray, means a photon with
an energy in the 5 to 13 kiloelectron volt
range.
``(ii) High repetition rate.--The term
`high repetition rate' means the delivery of x-
ray pulses up to 1,000,000 pulses per second.
``(iii) Ultra-short pulse.--The term
`ultra-short pulse', with respect to an x-ray,
means that the x-ray has bursts capable of
durations of less than 100 femtoseconds.
``(B) Upgrade.--The Secretary shall--
``(i) provide for the upgrade to the Linac
Coherent Light Source II facility described in
the publication approved by the Basic Energy
Sciences Advisory Committee on June 9, 2016,
entitled `Report on Facility Upgrades',
including the development of experimental
capabilities for high energy x-rays to reveal
fundamental scientific discoveries; and
``(ii) ensure such upgrade enables the
production and use of high energy, ultra-short
pulse x-rays delivered at a high repetition
rate.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before December 31, 2026.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph--
``(i) $100,000,000 for fiscal year 2023;
``(ii) $130,000,000 for fiscal year 2024;
``(iii) $135,000,000 for fiscal year 2025;
and
``(iv) $99,343,000 for fiscal year 2026.
``(9) Cryomodule repair and maintenance facility.--
``(A) In general.--The Secretary shall provide for
the construction of a cryomodule repair and maintenance
facility to service the Linac Coherent Light Source II
and subsequent upgrades.
``(B) Consultation required.--The Secretary shall
consult with the private sector, institutions of higher
education, National Laboratories, and relevant Federal
agencies to ensure that the facility described in
subparagraph (A) has the capability to maintain,
repair, and test superconducting radio frequency
accelerator components.
``(C) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
activities under this paragraph--
``(i) $29,300,000 for fiscal year 2023;
``(ii) $24,000,000 for fiscal year 2024;
``(iii) $20,000,000 for fiscal year 2025;
and
``(iv) $15,700,000 for fiscal year 2026.
``(10) Nanoscale science research center recapitalization
project.--
``(A) In general.--The Secretary shall provide for
the recapitalization of the Nanoscale Science Research
Centers, to include the upgrade of equipment at each
Center supported by the Office of Science on the date
of enactment of the Research and Development,
Competition, and Innovation Act, to accelerate advances
in the various fields of science including nanoscience,
materials, chemistry, biology, and quantum information
science.
``(B) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
recapitalization under this paragraph--
``(i) $25,000,000 for fiscal year 2023; and
``(ii) $25,000,000 for fiscal year 2024.
``(11) National synchrotron light source ii beamline
buildout.--
``(A) In general.--The Secretary shall provide for
the development and construction of experimental
stations to provide significant additional beamline and
instrument capacity, complement the existing portfolio
of beamlines, and complete the buildout of the National
Synchrotron Light Source II.
``(B) Start of operations.--Subject to the
availability of appropriations, the Secretary--
``(i) shall begin carrying out subparagraph
(A) not later than September 30, 2036; and
``(ii) may begin carrying out subparagraph
(A)--
``(I) in calendar year 2033; or
``(II) after the construction of
individual beamlines is complete.'';
and
(4) by adding at the end the following:
``(h) Computational Materials and Chemical Sciences.--
``(1) In general.--The Director shall support a program of
research and development for the application of advanced
computing practices to foundational and emerging research
problems in chemistry and materials science. Research
activities shall include--
``(A) chemical catalysis research and development;
``(B) the use of large data sets to model materials
phenomena, including through advanced characterization
of materials, materials synthesis, processing, and
innovative use of experimental and theoretical data;
``(C) codesign of chemical system and chemistry
modeling software with advanced computing systems and
hardware technologies; and
``(D) modeling of chemical processes, assemblies,
and reactions such as molecular dynamics and quantum
chemistry, including through novel computing methods.
``(2) Computational materials and chemical sciences
centers.--
``(A) In general.--In carrying out the activities
authorized under paragraph (1), the Director shall
select and establish up to 6 computational materials
and chemical sciences centers to--
``(i) develop open-source, robust, and
validated computational codes and user-friendly
software, coupled with innovative use of
experimental and theoretical data, to enable
the design, discovery, and development of new
materials and chemical systems; and
``(ii) focus on overcoming challenges and
maximizing the benefits of exascale and other
high performance computing underpinned by
accelerated node technologies.
``(B) Selection.--The Director shall select centers
under subparagraph (A) on a competitive, merit-reviewed
basis. The Director shall consider applications from
the National Laboratories, institutions of higher
education, multi-institutional collaborations, and
other appropriate entities.
``(C) Duration.--
``(i) New centers.--A center selected under
subparagraph (A) shall receive support for a
period of not more than 5 years beginning on
the date of establishment of that center,
subject to the availability of appropriations.
``(ii) Existing centers.--A center already
in existence on the date of enactment of the
Research and Development, Competition, and
Innovation Act may continue to receive support
for a period of not more than 5 years beginning
on the date of establishment of that center.
``(D) Renewal.--Upon the expiration of any period
of support of a center under this subsection, the
Director may renew support for the center, on a merit-
reviewed basis, for a period of not more than 5 years.
``(i) Materials Research Database.--
``(1) In general.--The Director shall support the
development of a web-based platform to develop and provide
access to a database of computed information on known and
predicted materials properties and computational tools to
accelerate breakthroughs in materials discovery and design.
``(2) Program.--In carrying out this subsection, the
Director shall--
``(A) conduct cooperative research among National
Laboratories, industry, academia, and other research
institutions to advance understanding, prediction, and
manipulation of materials and facilitate the design of
novel materials;
``(B) develop and maintain data infrastructure at
user facilities that generate data to collect, analyze,
label, and otherwise prepare the data for inclusion in
the database;
``(C) leverage existing high performance computing
systems to conduct high throughput calculations, and
develop computational and data mining algorithms for
the prediction of material properties;
``(D) strengthen the foundation for new
technologies and advanced manufacturing; and
``(E) drive the development of advanced materials
for applications that span the Department's missions in
energy, environment, and national security.
``(3) Coordination.--In carrying out this subsection, the
Director shall leverage programs and activities across the
Department, including computational materials and chemical
sciences centers established under subsection (h).
``(4) Funding.--Out of funds authorized to be appropriated
under subsection (j), there is authorized to be appropriated to
the Secretary to carry out activities under this subsection
$10,000,000 for each of fiscal years 2023 through 2027.
``(j) Authorization of Appropriations.--Out of funds authorized to
be appropriated to the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $2,685,414,000 for fiscal year 2023;
``(2) $2,866,890,840 for fiscal year 2024;
``(3) $2,987,727,170 for fiscal year 2025;
``(4) $3,062,732,781 for fiscal year 2026; and
``(5) $3,080,067,167 for fiscal year 2027.''.
(b) Artificial Photosynthesis.--Section 973 of the Energy Policy
Act of 2005 (42 U.S.C. 16313) is amended--
(1) in subsection (b), by striking paragraph (4) and
inserting the following:
``(4) Funds.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is authorized
to be appropriated to the Secretary to carry out activities
under this subsection $50,000,000 for each of fiscal years 2023
through 2027.''; and
(2) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Funds.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is authorized
to be appropriated to the Secretary to carry out activities
under this subsection $50,000,000 for each of fiscal years 2023
through 2027.''.
(c) Electricity Storage Research Initiative.--Section 975 of the
Energy Policy Act of 2005 (42 U.S.C. 16315) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)(ii), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) to ensure the competitiveness of the United
States in energy storage by fostering an ecosystem
linking fundamental research and development to
deployment of storage solutions while minimizing the
environmental impacts of energy storage
technologies.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) any other relevant office of the
Department.'';
(2) in subsection (b), by striking paragraph (4) and
inserting the following:
``(4) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is authorized
to be appropriated to the Secretary to carry out activities
under this subsection $50,000,000 for each of fiscal years 2023
through 2027.'';
(3) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is authorized
to be appropriated to the Secretary to carry out activities
under this subsection $50,000,000 for each of fiscal years 2023
through 2027.''; and
(4) in subsection (d), by striking paragraph (4) and
inserting the following:
``(4) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is authorized
to be appropriated to the Secretary to carry out activities
under this subsection $20,000,000 for each of fiscal years 2023
through 2027.''.
(d) Foundational Nuclear Science.--
(1) In general.--The Director of the Office of Science
shall support a program of research and development to bridge
scientific barriers to, and expand theoretical and fundamental
knowledge relevant to, understanding nuclear materials and
matter for the benefit of commerce, medicine, and national
security.
(2) Activities.--As part of the program described in
paragraph (1)--
(A) the Director of the Office of Science shall
support basic research to pursue distinct lines of
scientific inquiry, including--
(i) research in nuclear materials science,
including the application of advanced computing
practices to foundational and emerging research
areas in nuclear materials science and
discovery, such as--
(I) the advanced characterization
of materials;
(II) materials synthesis;
(III) processing;
(IV) the innovative use of
experimental and theoretical data; and
(V) mechanical behavior in unique
environments, including the effects of
radiation;
(ii) electrochemistry research and
associated techniques for processing nuclear
materials;
(iii) the development of advanced
instrumentation and nuclear data collection to
inform the activities described in clauses (i)
and (ii); and
(iv) any other area of research, as
determined by the Director of the Office of
Science; and
(B) the Assistant Secretary for Nuclear Energy
shall consult with the Director of the Office of
Science to support the direction of translational
research, development, and validation of physical
concepts developed under the program.
(3) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is authorized
to be appropriated to the Secretary of Energy to carry out
activities under this subsection $50,000,000 for each of fiscal
years 2023 through 2027.
(e) Carbon Materials Science Initiative.--
(1) Initiative.--
(A) In general.--The Director of the Office of
Science (referred to in this subsection as the
``Director'') shall establish a research initiative, to
be known as the ``Carbon Materials Science Initiative''
(referred to in this subsection as the ``Initiative''),
to expand the fundamental knowledge of coal, coal-
wastes, and carbon ore chemistry useful for
understanding the conversion of carbon to material
products.
(B) Coordination.--In carrying out programs and
activities under the Initiative, the Director shall
leverage expertise and resources from the Office of
Fossil Energy and Carbon Management and the United
States Geological Survey.
(C) Teams.--
(i) In general.--In carrying out the
Initiative, the Director shall establish and
organize activities among multidisciplinary
teams to leverage, to the maximum extent
practicable, expertise from the National
Laboratories, institutions of higher education,
and the private sector.
(ii) Goals.--The multidisciplinary teams
described in clause (i) shall pursue expedient,
milestone-driven research goals established by
the Director.
(2) Research program.--
(A) In general.--The Director shall carry out under
the Initiative a program to support, and discover
fundamental knowledge relevant to, carbon materials and
carbon ore processing research.
(B) Activities.--As part of the program described
in subparagraph (A), the Director shall, in
coordination with the Assistant Secretary of Energy for
Fossil Energy and Carbon Management, as appropriate,
support research to pursue distinct lines of scientific
inquiry, including--
(i) methods of extraction, processing,
recycling, and utilization of the materials and
valuable minerals contained in raw coal and
coal-waste;
(ii) methods of improving performance,
cost, and availability of materials for use in
carbon capture systems; and
(iii) unconventional pathways and materials
for conversion of carbon dioxide molecules,
minerals, and materials.
(C) Review.--The Director shall periodically review
activities carried out under the program described in
subparagraph (A) to evaluate the achievement of
scientific objectives and research milestones.
(D) Coordination with existing programs and
centers.--In carrying out the program described in
subparagraph (A), the Director shall--
(i) ensure coordination and knowledge
sharing with--
(I) the United States Geological
Survey; and
(II) the programs and the Carbon
Utilization Research Center established
under section 969A of the Energy Policy
Act of 2005 (42 U.S.C. 16298a); and
(ii) avoid duplication of efforts to the
maximum extent practicable.
(3) Carbon materials research centers.--
(A) In general.--In carrying out the activities
authorized under paragraph (2), the Director shall
establish 1 center in each of the 2 major coal-
producing regions of the United States, each of which
shall--
(i) be known as a ``Carbon Materials
Research Center'' (referred to in this
paragraph as a ``Center''); and
(ii) focus on early stage research and
development activities, including--
(I) developing and advancing
methods of extracting, processing, or
recycling carbon or other valuable
materials or minerals from raw coal,
coal-waste, or other solid carbon
materials, for the development of new
carbon-based materials;
(II) methods of improving the
structural, physical, and chemical
properties of carbon-based materials or
other valuable materials from raw coal,
coal-waste, or other solid carbon
materials and their recyclability;
(III) overcoming the challenges and
maximizing the benefits of commercially
extracting, producing, or improving
coal-derived carbon and resulting
products; and
(IV) identifying novel pathways and
materials for carbon storage and
conversion into useful products.
(B) Selection.--The Director shall--
(i) select Centers under subparagraph (A)
on a competitive, merit-reviewed basis; and
(ii) consider applications from the
National Laboratories, institutions of higher
education, multi-institutional collaborations,
and other appropriate entities.
(C) Duration.--A Center shall receive support for a
period of not more than 5 years beginning on the date
of establishment of that Center, subject to the
availability of appropriations.
(D) Renewal.--On the expiration of any period of
support of a Center, the Director may renew support for
that Center, on a merit-reviewed basis, for a period of
not more than 5 years.
(E) Existing facilities.--The Director shall--
(i) ensure that the research activities
carried out by the Centers are not duplicative
of existing efforts; and
(ii) if practicable, leverage existing user
facilities and other capabilities of the
Department of Energy to carry out the research
objectives of the Centers.
(f) Carbon Sequestration Research and Geologic Computational
Science Initiative.--
(1) Initiative.--
(A) In general.--The Secretary of Energy (referred
to in this subsection as the ``Secretary'') shall
establish a research initiative, to be known as the
``Carbon Sequestration Research and Geologic
Computational Science Initiative'' (referred to in this
subsection as the ``Initiative''), to expand the
fundamental knowledge, data collection, data analysis,
and modeling of subsurface geology for the purpose of
advancing carbon sequestration in geologic formations.
(B) Leveraging.--In carrying out programs and
activities under the Initiative, the Secretary shall
leverage expertise and resources from the Office of
Fossil Energy and Carbon Management and the United
States Geological Survey.
(C) Teams.--
(i) In general.--In carrying out the
Initiative, the Secretary shall establish and
organize activities among multidisciplinary
teams to leverage, to the maximum extent
practicable, expertise from the National
Laboratories, institutions of higher education,
and the private sector.
(ii) Goals.--The multidisciplinary teams
described in clause (i) shall pursue
aggressive, milestone-driven research goals
established by the Secretary.
(D) Additional activities.--The Secretary may
organize additional activities under this subsection
through other organizational structures.
(2) Research program.--
(A) In general.--The Secretary shall carry out
under the Initiative a program to support research
needed for, and discover knowledge relevant to, the
sequestration of carbon in geologic formations.
(B) Activities.--As part of the program described
in subparagraph (A), the Director of the Office of
Science shall support fundamental research to pursue
distinct lines of scientific inquiry, including--
(i) gathering geologic data for pore space
characterization, including improvements to
geologic seismic imaging;
(ii) evaluating pore space quality,
including evaluation of geologic samples, to
determine appropriate sequestration zones for
carbon;
(iii) testing carbon sequestration;
(iv) monitoring carbon migration in
geologic formations;
(v) advancements in data analytics,
including the analysis of seismic data, and
computational science to improve the advanced
computing, visualization, and imaging of
geologic formations for the sequestration of
carbon; and
(vi) predictive understanding of coupled
processes in complex subsurface geologic
systems for secure carbon storage.
(C) Review.--The Secretary shall periodically
review activities carried out under the program
described in subparagraph (A) to evaluate achievement
of scientific objectives and research milestones.
(3) Carbon storage research and geologic computational
science centers.--
(A) In general.--In carrying out the activities
authorized under paragraph (2), the Secretary shall
select and establish not more than 2 carbon storage
research and geologic computational science centers
(referred to in this paragraph as a ``Center'') to
develop and advance improvements to data collection,
analysis, and modeling of subsurface geology for the
purpose of advancing carbon sequestration in geologic
formations.
(B) Selection.--
(i) In general.--The Secretary shall--
(I) select Centers under
subparagraph (A) on a competitive,
merit-reviewed basis; and
(II) to the maximum extent
practicable, locate each Center in a
geographically diverse region with
established and ongoing geologic carbon
sequestration research and
demonstration.
(ii) Applications.--In selecting Centers
under subparagraph (A), the Secretary shall
consider applications from institutions of
higher education, multi-institutional
collaborations, and other appropriate entities.
(C) Duration.--
(i) New centers.--A Center established
after the date of enactment of this Act shall
receive support for a period of not more than 5
years beginning on the date of establishment of
that Center, subject to the availability of
appropriations.
(ii) Existing centers.--A Center already in
existence on the date of enactment of this Act
may continue to receive support for a period of
not more than 5 years beginning on that date of
enactment.
(iii) Renewal.--On expiration of a period
of support described in clause (i) or (ii), the
Secretary may renew support for the Center, on
a merit-reviewed basis, for a period of not
more than 5 years.
(4) Coordination with existing programs and centers.--In
carrying out this subsection, the Secretary shall--
(A) ensure coordination with--
(i) the United States Geological Survey;
and
(ii) the programs established under section
963 of the Energy Policy Act of 2005 (42 U.S.C.
16293); and
(B) avoid duplication of efforts to the maximum
extent practicable.
(g) Funding for Carbon Initiatives.--Of the funds authorized to be
appropriated for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out activities
under subsections (e) and (f) $50,000,000 for each of fiscal years 2023
through 2027.
SEC. 10103. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.
(a) Program; Biological Systems; Biomolecular Characterization and
Imaging Science.--Section 306 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644) is amended--
(1) in subsection (c), by redesignating paragraphs (6)
through (8) as paragraphs (5) through (7), respectively;
(2) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Program.--As part of the duties of the Director authorized
under section 209 of the Department of Energy Organization Act (42
U.S.C. 7139), and coordinated with the activities authorized under
sections 303 and 304, the Director shall carry out a program of
research and development in the areas of biological systems science and
climate and environmental science, including subsurface science,
relevant to the development of new energy technologies and to support
the energy, environmental, and national security missions of the
Department.
``(b) Biological Systems.--The Director shall carry out research
and development activities in genomic science including fundamental
research on plants and microbes to increase systems-level understanding
of the complex biological systems, which may include activities--
``(1) to provide a fundamental understanding of the biology
of plants, fungi, and microbes as a basis for developing
innovative processes for bioenergy and bioproducts and
accelerate breakthroughs and new knowledge that would enable
the cost-effective, sustainable production of--
``(A) advanced biofuels;
``(B) bioenergy; and
``(C) biobased materials;
``(2) to conduct foundational functional systems biology
research--
``(A) to support expanded biosystems design
research; and
``(B) to understand--
``(i) fundamental genome structure; and
``(ii) phenomes, including functional
genomics of gene products at genome scale;
``(3) to develop biosystems designs and synthetic biology
approaches for new nonfood plant-derived and microbially
derived bioproducts as a basis for new bioeconomy and
biotechnology applications in bioproducts production, resource
recovery, recycling, and upcycling ventures;
``(4) to better understand the behavior of microbiomes in
the environment and the interdependencies between plants and
microbes in a sustainable ecosystem;
``(5) to improve fundamental understanding of plant and
microbial processes impacting the global carbon cycle,
including processes for removing carbon dioxide from the
atmosphere, through photosynthesis and other biological
processes, for sequestration, storage, and utilization;
``(6) to understand the microbiome mechanisms and
microbiota used to transform, immobilize, or remove
contaminants from subsurface environments and that affect the
cycling and disposition of carbon, nutrients, and contaminants
in the environment;
``(7) to develop the computational approaches and
integrated platforms for open access collaborative science;
``(8) to leverage tools and approaches across the Office of
Science to expand research to include novel processes, methods,
and science to develop bio-based chemicals, polymers, inorganic
materials, including research--
``(A) to advance fungal, microbial, and plant
biosystems design research to advance the understanding
of how CRISPR tools and other gene editing tools and
technologies work in nature, in the laboratory, and in
practice;
``(B) to deepen genome-enabled knowledge of the
roles of microbes and microbial communities, including
fungi, in--
``(i) supporting plant and tree growth,
productivity, performance, adaptation, and
resilience in changing environmental
conditions; and
``(ii) optimizing end uses of biomass;
``(C) to develop biosystems design methods and
tools to increase the efficiency of photosynthesis in
plants; and
``(D) to increase the scale and pace of
characterizing the functions and physical
characteristics of microbes and microbial communities
to improve biosystems design;
``(9) to conduct research focused on developing analysis
techniques and simulation capabilities, including artificial
intelligence and machine learning, on high-performance
computing platforms to accelerate collaborative and
reproducible systems biology research;
``(10) to develop and improve new technologies for
bioimaging, measurement, and characterization purposes to
understand the structural, spatial, and temporal relationships
of metabolic processes governing phenotypic expression in
plants and microbes;
``(11) to conduct research focused on genotype-to-phenotype
translations to develop a predictive understanding of cellular
function under a variety of relevant environmental and
bioenergy-related conditions;
``(12) to conduct metagenomic and metadata assembly
research sequencing and analysis; and
``(13) to develop other relevant methods and processes as
determined by the Director.
``(c) Biomolecular Characterization and Imaging Science.--The
Director shall carry out research and development activities in
biomolecular characterization and imaging science, including
development of new and integrative imaging and analysis platforms and
biosensors to understand the expression, structure, and function of
genome information encoded within cells and for real-time measurements
in ecosystems and field sites of relevance to the mission of the
Department.''; and
(4) by adding at the end the following:
``(l) Definitions.--In this section:
``(1) Advanced biofuel.--The term `advanced biofuel' has
the meaning given the term in section 9001 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8101).
``(2) Bioenergy.--The term `bioenergy' means energy derived
from biofuels.
``(3) Biomass.--The term `biomass' has the meaning given
the term in section 203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)).
``(4) Bioproduct.--The term `bioproduct' has the meaning
given the term `biobased product' in section 9001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101).''.
(b) Low-dose Radiation Research Program.--Paragraph (8) of
subsection (e) of section 306 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644), as redesignated by subsection (a)(2),
is amended--
(1) in subparagraph (C), by striking ``and'';
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) $40,000,000 for fiscal year 2025;
``(F) $50,000,000 for fiscal year 2026; and
``(G) $50,000,000 for fiscal year 2027.''.
(c) Low-dose Radiation and Space Radiation Research Program.--
Subsection (f) of section 306 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644), as redesignated by subsection (a)(2),
is amended to read as follows:
``(f) Low-dose Radiation and Space Radiation Research Program.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the National Aeronautics and Space
Administration, shall carry out a basic research program on the
similarities and differences between the effects of exposure to
low-dose radiation on Earth, in low Earth orbit, and in the
space environment.
``(2) Purpose.--The purpose of the program described in
paragraph (1) is to accelerate breakthroughs in low-dose and
low dose-rate radiation research and development as described
in subsection (e) and to inform the advancement of new tools,
technologies, and advanced materials needed to facilitate long-
duration space exploration.''.
(d) Climate, Environmental Science, and Other Activities.--Section
306 of the Department of Energy Research and Innovation Act (42 U.S.C.
18644) (as amended by subsection (a)) is amended by inserting after
subsection (f) the following:
``(g) Earth and Environmental Systems Sciences Activities.--
``(1) In general.--As part of the activities authorized
under subsection (a), and in coordination with activities
carried out under subsection (b), the Director shall coordinate
with the National Oceanic and Atmospheric Administration, the
National Science Foundation, the Environmental Protection
Agency, the National Aeronautics and Space Administration, the
Department of Agriculture, the Department of the Interior, and
any other relevant agencies to carry out activities relating to
Earth and environmental systems science research, which may
include activities--
``(A) to understand, observe, measure, and model
the response of Earth's atmosphere and biosphere to
changing concentrations of greenhouse gas emissions and
any associated changes in climate, including frequency
and intensity of extreme weather events;
``(B) to understand the coupled physical, chemical,
and biological processes to transform, immobilize,
remove, or move carbon, nitrogen, and other energy
production-derived contaminants such as radionuclides
and heavy metals, and understand the process of
sequestration and transformation of these, carbon
dioxide, and other relevant molecules in subsurface
environments;
``(C) to understand, observe, and model the cycling
of water, carbon, and nutrients in terrestrial systems
across spatiotemporal scales;
``(D) to understand the biological, biogeochemical,
and physical processes across the multiple scales that
control the flux of environmentally relevant compounds
between the terrestrial surface and the atmosphere; and
``(E) to understand and predict interactions among
natural and human systems to inform potential
mitigation and adaptation options for increased
concentrations of greenhouse gas emissions and any
associated changes in climate.
``(2) Prioritization.--In carrying out the program
authorized under paragraph (1), the Director shall prioritize--
``(A) the development of software and algorithms to
enable the productive application of environmental
systems and extreme weather in climate and Earth system
prediction models in high-performance computing
systems; and
``(B) capabilities that support the Department's
mission needs for energy and infrastructure security,
resilience, and reliability.
``(3) Environmental systems science research.--
``(A) In general.--As part of the activities
described in paragraph (1), the Director shall carry
out research to advance an integrated, robust, and
scale-aware predictive understanding of environmental
systems, including the role of hydrobiogeochemistry,
from the subsurface to the top of the vegetative canopy
that considers effects of seasonal to interannual
variability and change.
``(B) Clean water and watershed research.--As part
of the activities described in subparagraph (A), the
Director shall--
``(i) support interdisciplinary research to
significantly advance our understanding of
water availability, quality, and the impact of
human activity and a changing climate on urban
and rural watershed systems, including in
freshwater environments;
``(ii) consult with the Interagency
Research, Development, and Demonstration
Coordination Committee on the Nexus of Energy
and Water for Sustainability established under
section 1010 of the Energy Act of 2020 (Public
Law 116-260) on energy-water nexus research
activities;
``(iii) engage with representatives of
research and academic institutions, nonprofit
organizations, State, territorial, local, and
Tribal governments, and industry, who have
expertise in technologies, technological
innovations, or practices relating to the
energy-water nexus, as applicable; and
``(iv) coordinate with the National Oceanic
and Atmospheric Administration, the National
Science Foundation, the Environmental
Protection Agency, the National Aeronautics and
Space Administration, the Department of
Agriculture, the Department of the Interior,
and any other relevant agency.
``(C) Coordination.--
``(i) Director.--The Director shall carry
out activities under this paragraph in
accordance with priorities established by the
Secretary to support and accelerate the
decontamination of relevant facilities managed
by the Department.
``(ii) Secretary.--The Secretary shall
ensure the coordination of activities of the
Department, including activities under this
paragraph, to support and accelerate the
decontamination of relevant facilities managed
by the Department.
``(4) Climate and earth modeling.--As part of the
activities described in paragraph (1), the Director, in
collaboration with the Advanced Scientific Computing Research
program described in section 304 and other programs carried out
by the Department, as applicable, and in coordination with the
National Oceanic and Atmospheric Administration, the National
Science Foundation, the National Aeronautics and Space
Administration, and other relevant agencies, shall carry out
research to develop, evaluate, and use high-resolution regional
climate, global climate, Earth system, and other relevant
models to inform decisions on reducing greenhouse gas emissions
and the resulting impacts of a changing global climate. Such
modeling shall include--
``(A) integrated capabilities for modeling
multisectoral interactions, including the impacts of
climate policies on human systems and the
interdependencies and risks at the energy-water-land
nexus;
``(B) greenhouse gas emissions, air quality, energy
supply and demand, and other critical elements; and
``(C) interaction among human and Earth systems
informed by interdisciplinary research, including the
economic and social sciences.
``(5) Midscale funding mechanism.--
``(A) In general.--Any of the activities authorized
in this subsection may be carried out, in lieu of
individual research grants--
``(i) by competitively selected midscale,
multi-institutional research centers;
``(ii) by large-scale experiments or user
facilities; or
``(iii) through existing facilities and
systems of the Department or the National
Oceanic and Atmospheric Administration.
``(B) Consideration.--The Biological and
Environmental Research Advisory Committee shall provide
recommendations to the Director on projects most
suitable for the research centers described in
subparagraph (A).
``(6) Atmospheric systems and sciences research program.--
``(A) In general.--As part of the activities
carried out under paragraph (1), the Director shall
carry out a program, to be known as the `Atmospheric
Systems and Sciences Research Program', to use
observations to improve understanding of atmospheric
processes, under which the Director, in coordination,
and as appropriate, collaboration, with the National
Oceanic and Atmospheric Administration and other
relevant Federal agencies conducting research under the
topics described in this subparagraph, shall conduct
research relating to--
``(i) better understanding the atmosphere
and the interaction of the atmosphere with the
surface of the Earth;
``(ii) understanding sources of uncertainty
in Earth system models, including with respect
to the interdependence of clouds, atmospheric
aerosols, radiation processes, and
precipitation;
``(iii) understanding the radiative balance
and hydrological cycle of Earth;
``(iv) demonstrating the improved
predictability of regional and global
atmospheric models due to improved process-
level understanding;
``(v) atmospheric regimes with large
uncertainties in earth system prediction,
aerosol processes, warm boundary-layer
processes, convective processes, and high-
latitude processes;
``(vi) reduced uncertainty and improved
simulation capability of earth system models of
the atmospheric system in a holistic,
comprehensive fashion; and
``(vii) understanding and modeling
representation of priority research areas,
including aerosol, warm boundary layer,
convective, and high-latitude processes.
``(B) Activities.--In carrying out the Atmospheric
Systems and Sciences Research Program, the Director
shall, in coordination, and as appropriate, in
collaboration, with other relevant Federal agencies--
``(i) collect data and conduct research to
advance atmospheric and Earth system modeling
capabilities;
``(ii) develop or participate in existing
or future integrated, scalable test-beds that--
``(I) incorporate process-level
understanding of the life cycles of
aerosols, clouds, and precipitation;
and
``(II) can be incorporated into
other models;
``(iii) improve data, analysis, and
prediction systems in marine, littoral,
terrestrial, and arctic environments, including
those environments sensitive to changes in the
climate, relating to the energy and science
mission of the Department; and
``(iv) support the development of
technologies relating to--
``(I) more accurate cloud, aerosol,
and other atmospheric sensors;
``(II) observing sensor networks;
and
``(III) computational predictive
modeling.
``(C) Use of atmospheric radiation measurement
program facilities and infrastructure.--To support the
Atmospheric Systems and Sciences Research Program and,
in coordination, and as appropriate, in collaboration,
with the National Oceanic and Atmospheric
Administration and other relevant Federal agencies, to
improve fundamental understanding of the physical and
chemical processes that impact the formation, life
cycle, and radiative impacts of cloud and aerosol
particles, atmospheric processes, and surface or
subsurface phenomena, the Director shall use the
facilities and infrastructure of the Atmospheric
Radiation Measurement User Facility, the Global
Monitoring Laboratory of the National Oceanic and
Atmospheric Administration, or other Earth and
Environmental Systems Sciences User Facilities--
``(i) to provide support to environmental
scientists by collecting high-quality and well-
characterized in-situ, remote-sensing, and
aircraft observations of--
``(I) the microphysical properties
of clouds and atmospheric aerosols;
``(II) the coincident and highly
detailed dynamical and thermodynamic
properties of the atmospheric
environment that contains those clouds
and aerosols;
``(III) the properties of
precipitation;
``(IV) the properties of radiation
and the background environment; and
``(V) the properties of surface or
subsurface phenomena;
``(ii) to carry out laboratory studies and
ground-based and airborne field campaigns to
target specific atmospheric and surface or
subsurface processes relating to the energy and
science mission of the Department in different
locations and across a range of environments,
including by developing technologies to assist
in advancing predictive capabilities;
``(iii) to build data sets that can be
incorporated into atmospheric models; and
``(iv) to enhance observations by using
modeling and simulations that test the accuracy
of climate model parameterizations.
``(h) Biological and Environmental Research User Facilities.--
``(1) In general.--The Director shall carry out a program
for the development, construction, operation, and maintenance
of user facilities to enhance the collection and analysis of
observational data related to complex biological, climate, and
environmental systems.
``(2) Selection.--
``(A) In general.--The Director shall select user
facilities under paragraph (1) on a competitive, merit-
reviewed basis.
``(B) Applicants.--In selecting user facilities
under paragraph (1), the Director shall consider
applications from the National Laboratories,
institutions of higher education, multi-institutional
collaborations, and other appropriate entities.
``(3) Facility requirements.--To the maximum extent
practicable, the user facilities developed, constructed,
operated, or maintained under paragraph (1) shall include--
``(A) distributed field research and observation
platforms for understanding earth system processes;
``(B) analytical techniques, instruments, and
modeling resources, including high-throughput molecular
phenotyping, for understanding and predicting the
functional processes of biological and environmental
systems;
``(C) integrated high-throughput sequencing,
advanced bioanalytic techniques, DNA design and
synthesis, metabolomics, and computational analysis;
and
``(D) such other facilities as the Director
considers appropriate, consistent with section 209 of
the Department of Energy Organization Act (42 U.S.C.
7139).
``(4) Existing facilities.--In carrying out the program
established under paragraph (1), the Director is encouraged to
evaluate the capabilities of existing user facilities and, to
the maximum extent practicable, invest in modernization of
those capabilities to address emerging research priorities.
``(5) Earth and environmental systems sciences user
facilities.--In carrying out the program established under
paragraph (1), the Director shall operate at least 1 user
facility to advance the collection, validation, and analysis of
atmospheric data, including through activities--
``(A) to advance knowledge of the Earth and
environmental systems and improve model
representations; and
``(B) to measure the impact of atmospheric gases,
aerosols, and clouds on the Earth and environmental
systems.
``(6) Microbial molecular phenotyping capability project.--
``(A) In general.--The Secretary shall provide for
the expansion of the Environmental Molecular Sciences
Laboratory, or subsequent facility successor, to
advance high-throughput microbial plant and molecular
phenotyping capability to accelerate discovery of new
protein functions and metabolic pathways in microbial
systems.
``(B) Capabilities.--In carrying out subparagraph
(A), the Secretary shall ensure the following
capabilities:
``(i) Coupled high-throughput autonomous
experimental and multimodal analytical
capabilities.
``(ii) Direct integration of automated
multiomics analyses, biomolecular and cellular
imaging, and functional biological assays with
high-throughput microbial culturing and
cultivation capabilities at timescales relevant
to biological processes under natural and
perturbed environmental conditions.
``(C) Data coordination.--In carrying out
subparagraph (A), the Secretary shall ensure
integration and coordination with existing data
platforms and user facilities of the Department.
``(D) Start of operations.--Subject to the
availability of appropriations, the Secretary shall
begin carrying out subparagraph (A) not later than
September 29, 2027.
``(E) Funding.--Of the funds authorized to be
appropriated under subsection (k) for a fiscal year,
there are authorized to be appropriated to the
Secretary to carry out this paragraph--
``(i) $550,000 for fiscal year 2023;
``(ii) $29,000,000 for fiscal year 2024;
``(iii) $32,000,000 for fiscal year 2025;
``(iv) $30,500,000 for fiscal year 2026;
and
``(v) $27,500,000 for fiscal year 2027.
``(7) User facilities integration and collaboration
program.--
``(A) In general.--The Director shall support a
program of collaboration between user facilities to
encourage and enable researchers to more readily
integrate the tools, expertise, resources, and
capabilities of multiple Office of Science user
facilities (as described in subsection (d) of section
209 of the Department of Energy Organization Act (42
U.S.C. 7139)) to further research and advance emerging
technologies.
``(B) Activities.--The program shall advance the
integration of automation, robotics, computational
biology, bioinformatics, biosensing, cellular platforms
and other relevant emerging technologies as determined
by the Director to enhance productivity and scientific
impact of user facilities.
``(8) Coordination.--In carrying out the program authorized
under paragraph (1), the Director shall ensure that the Office
of Science coordinates with--
``(A) the National Oceanic Atmospheric
Administration, the Environmental Protection Agency,
the National Aeronautics and Space Administration, the
Department of Agriculture, the Department of the
Interior, and any other relevant Federal agency on the
collection, validation, and analysis of atmospheric
data; and
``(B) relevant stakeholders, including institutions
of higher education, nonprofit research institutions,
industry, State, territorial, local, and Tribal
governments, and other appropriate entities to ensure
access to the best available relevant atmospheric and
historical weather data.
``(i) Terrestrial-aquatic Interface Research Initiative.--
``(1) In general.--The Director shall carry out a research
program to enhance the understanding of terrestrial-aquatic
interface. In carrying out the program, the Director shall
prioritize efforts to enhance the collection of observational
data, and shall develop models to analyze the natural and human
processes that interact in littoral zones.
``(2) Littoral data collection system.--The Director shall
establish an integrated system of geographically diverse field
research sites in order to improve the scientific understanding
and predictability of the major land water interfaces of the
United States through improved data quantity and quality,
including in--
``(A) the Great Lakes region;
``(B) the Pacific coast;
``(C) the Atlantic coast;
``(D) the Arctic;
``(E) the Gulf coast; and
``(F) the coasts of United States territories and
freely associated States.
``(3) Existing infrastructure.--In carrying out the
programs and establishing the field research sites under
paragraphs (1) and (2), the Secretary shall leverage existing
research and development infrastructure supported by the
Department, including the Department's existing marine and
coastal research lab.
``(4) Coordination.--For the purposes of carrying out the
programs and establishing the field research sites under
paragraphs (1) and (2), the Secretary may enter into agreements
with Federal departments and agencies with complementary
capabilities, including the National Oceanic and Atmospheric
Administration and any other relevant Federal agency as
appropriate.
``(5) Report.--Not earlier than 2 years after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Director shall provide to the Committee on
Science, Space, and Technology, the Committee on Natural
Resources, and the Committee on Appropriations of the House of
Representatives, and the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate, a
report examining whether the system described in paragraph (2)
should be established as a National User Facility within the
Department or as a research facility within another Federal
agency.
``(6) Interoperability.--
``(A) In general.--The Director shall ensure that
activities carried out under paragraphs (1) and (2),
including observation, data collection, monitoring, and
model development and enhancements, are interoperable
and may be integrated with existing related systems at
the National Oceanic and Atmospheric Administration and
other relevant Federal agencies, as practicable.
``(B) Resources.--In carrying out subparagraph (A),
in support of interoperability, as practicable, the
Director may make available to other Federal agencies
high performance computing resources.
``(C) NOAA.--The National Oceanic and Atmospheric
Administration shall integrate the data collected under
the programs carried out under paragraphs (1) and (2)
into relevant data systems and models, as practicable.
``(j) Engineered Ecosystems Initiative.--
``(1) In general.--The Secretary shall establish within the
Biological and Environmental Research program an initiative
focused on the development of engineered ecosystems through the
application of artificial intelligence, novel sensing
capabilities, and other emerging technologies.
``(2) Interagency coordination.--The Secretary shall
coordinate with the Director of the National Science
Foundation, the Administrator of the National Oceanic and
Atmospheric Administration, the Director of the U.S. Geological
Survey, the Secretary of Agriculture, and other relevant
officials to avoid duplication of research and observational
activities and to ensure that activities carried out under the
initiative established under paragraph (1) are complimentary to
activities being undertaken by other agencies.
``(3) Report.--Not later than 180 days after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report on the activity authorized under this subsection.
``(k) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $885,420,000 for fiscal year 2023;
``(2) $946,745,200 for fiscal year 2024;
``(3) $1,001,149,912 for fiscal year 2025;
``(4) $1,068,818,907 for fiscal year 2026; and
``(5) $1,129,948,041 for fiscal year 2027.''.
(e) Bioenergy Research Centers.--Section 977 of the Energy Policy
Act of 2005 (42 U.S.C. 16317) is amended by striking subsection (f) and
inserting the following:
``(f) Bioenergy Research Centers.--
``(1) In general.--In carrying out the program under
section 306(a) of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644(a)), the Director shall support
up to 6 bioenergy research centers to conduct fundamental
research in plant and microbial systems biology, biological
imaging and analysis, and genomics, and to accelerate advanced
research and development of advanced biofuels, bioenergy or
biobased materials, chemicals, and products that are produced
from a variety of regionally diverse feedstocks, and to
facilitate the translation of research results to industry. The
activities of the centers authorized under this subsection may
include--
``(A) accelerating the domestication of bioenergy-
relevant plants, microbes, and associated microbial
communities to enable high-impact, value-added
coproduct development at multiple points in the
bioenergy supply chain;
``(B) developing the science and technological
advances to ensure process sustainability is considered
in the creation of advanced biofuels and bioproducts
from lignocellulosic biomass; and
``(C) using the latest tools in genomics, molecular
biology, catalysis science, chemical engineering,
systems biology, and computational and robotics
technologies to sustainably produce and transform
biomass into advanced biofuels and bioproducts.
``(2) Selection and duration.--
``(A) In general.--A center established under
paragraph (1) shall be selected on a competitive,
merit-reviewed basis for a period of not more than 5
years, subject to the availability of appropriations,
beginning on the date of establishment of that center.
``(B) Applications.--The Director shall consider
applications from National Laboratories, multi-
institutional collaborations, and other appropriate
entities.
``(C) Existing centers.--A center already in
existence on the date of enactment of the Research and
Development, Competition, and Innovation Act may
continue to receive support for a period of not more
than 5 years beginning on the date of establishment of
that center.
``(D) New centers.--The Director shall select any
new center pursuant to paragraph (1) on a competitive,
merit-reviewed basis, with special consideration for
applications from an institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) that is located in an
eligible jurisdiction (as defined in section
2203(b)(3)(A) of the Energy Policy Act of 1992 (42
U.S.C. 13503(b)(3)(A))).
``(3) Renewal.--After the end of the applicable period
described in paragraph (2), the Director may renew support for
a center for a period of not more than 5 years on a merit-
reviewed basis. For a center in operation for 10 years after
its previous selection on a competitive, merit-reviewed basis,
the Director may renew support for the center on a competitive,
merit-reviewed basis for a period of not more than 5 years, and
may subsequently provide an additional renewal on a merit-
reviewed basis for a period of not more than 5 years.
``(4) Activities.--Centers shall undertake research
activities to accelerate the production of advanced biofuels
and bioproducts from biomass resources by identifying the most
suitable species of plants for use as energy crops; and
improving methods of breeding, propagation, planting,
producing, harvesting, storage and processing. Activities may
include the following:
``(A) Research activities to increase
sustainability, including--
``(i) advancing knowledge of how bioenergy
crop interactions with biotic and abiotic
environmental factors influence crop growth,
yield, and quality;
``(ii) identifying the most impactful
research areas that address the economics of
advanced biofuels and bioproducts production;
and
``(iii) utilizing multiscale modeling to
advance predictive understanding of advanced
biofuel cropping ecosystems.
``(B) Research activities to further feedstock
development, including lignocellulosic, algal, gaseous
wastes including carbon oxides and methane, and direct
air capture of single carbon gases via plants and
microbes, including--
``(i) developing genetic and genomic tools,
high-throughput analytical tools, and
biosystems design approaches to enhance
bioenergy feedstocks and their associated
microbiomes;
``(ii) conducting field testing of new
potential bioenergy feedstock crops under
environmentally benign and geographically
diverse conditions to assess viability and
robustness; and
``(iii) developing quantitative models
informed by experimentation to predict how
bioenergy feedstocks perform under diverse
conditions.
``(C) Research activities to improve
lignocellulosic deconstruction and separation methods,
including--
``(i) developing feedstock-agnostic
deconstruction processes capable of efficiently
fractionating biomass into targeted output
streams;
``(ii) gaining a detailed understanding of
plant cell wall biosynthesis, composition,
structure, and properties during
deconstruction; and
``(iii) improving enzymes and approaches
for biomass breakdown and cellulose,
hemicellulose, and lignin processing.
``(D) Research activities to improve the feedstock
conversion process for advanced biofuels and
bioproducts, including--
``(i) developing high-throughput methods to
screen or select high-performance microbial
strains and communities to improve product
formation rates, yields, and selectivity;
``(ii) establishing a broad set of platform
microorganisms and microbial communities
suitable for metabolic engineering to produce
advanced biofuels and bioproducts and high-
throughput methods for experimental validation
of gene function;
``(iii) developing techniques to enhance
microbial robustness for tolerating toxins to
improve advanced biofuel and bioproduct yields
and to gain a better understanding of the
cellular and molecular bases of tolerance for
major chemical classes of inhibitors found in
these processes;
``(iv) advancing technologies for the use
of batch, continuous, and consolidated
bioprocessing;
``(v) identifying, creating, and optimizing
microbial and chemical pathways to produce
promising, atom-economical intermediates and
final bioproducts from biomass with
considerations given to environmentally benign
processes;
``(vi) developing high-throughput, real-
time, in situ analytical techniques to
understand and characterize the pre- and post-
bioproduct separation streams in detail;
``(vii) creating methodologies for
efficiently identifying viable target
molecules, identifying high-value bioproducts
in existing biomass streams, and utilizing
current byproduct streams;
``(viii) identifying and improving plant
feedstocks with enhanced extractable levels of
desired bioproducts or bioproduct precursors,
including lignin streams; and
``(ix) developing integrated biological and
chemical catalytic approaches to valorize and
produce a diverse portfolio of advanced
biofuels and bioproducts.
``(5) Industry partnerships.--Centers shall establish
industry partnerships to translate research results to
commercial applications.
``(6) Coordination.--In coordination with the Bioenergy
Technologies Office of the Department, the Secretary shall
support interdisciplinary research activities to improve the
capacity, efficiency, resilience, security, reliability, and
affordability, of the production and use of advanced biofuels
and bioproducts, as well as activities to enable positive
impacts and avoid the potential negative impacts that the
production and use of advanced biofuels and bioproducts may
have on ecosystems, people, and historically marginalized
communities.
``(7) Funding.--Of the funds authorized to be appropriated
under subsection (k) of section 306 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18644) for a fiscal
year, there is authorized to be appropriated to the Secretary
to carry out this subsection $30,000,000 per center established
under paragraph (1) for each of fiscal years 2023 through 2027.
``(8) Definitions.--In this subsection:
``(A) Advanced biofuel.--The term `advanced
biofuel' has the meaning given the term in section 9001
of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101).
``(B) Bioenergy.--The term `bioenergy' means energy
derived from biofuels.
``(C) Biomass.--The term `biomass' has the meaning
given the term in section 203(b) of the Energy Policy
Act of 2005 (42 U.S.C. 15852(b)).
``(D) Bioproduct.--The term `bioproduct' has the
meaning given the term `biobased product' in section
9001 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101).''.
SEC. 10104. ADVANCED SCIENTIFIC COMPUTING RESEARCH PROGRAM.
(a) Advanced Scientific Computing Research.--Section 304 of the
Department of Energy Research and Innovation Act (42 U.S.C. 18642) is
amended--
(1) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) In General.--As part of the activities authorized under
section 209 of the Department of Energy Organization Act (42 U.S.C.
7139), the Director shall carry out, in coordination with academia and
relevant public and private sector entities, a research, development,
and demonstration program--
``(1) to steward applied mathematics, computational
science, and computer science research relevant to the missions
of the Department and the competitiveness of the United States;
``(2) to develop modeling, simulation, and other
computational tools relevant to other scientific disciplines
and to the development of new energy technologies and other
technologies;
``(3) to advance computing and networking capabilities for
data-driven discovery; and
``(4) to develop advanced scientific computing hardware and
software tools for science and engineering.'';
(3) in subsection (c), as so redesignated--
(A) by striking ``The Director'' and inserting the
following:
``(1) Director.--The Director''; and
(B) by adding at the end the following:
``(2) Coordination.--The Under Secretary for Science shall
ensure the coordination of the activities of the Department,
including activities under this section, to determine and meet
the computational and networking research and facility needs of
the Office of Science and all other relevant energy technology
and energy efficiency programs within the Department and with
other Federal agencies as appropriate.'';
(4) by amending subsection (d), as so redesignated, to read
as follows:
``(d) Applied Mathematics and Software Development for High-End
Computing Systems and Computer Sciences Research.--
``(1) In general.--The Director shall carry out activities
to develop, test, and support--
``(A) mathematics, statistics, and algorithms for
modeling complex systems relevant to the missions of
the Department, including on advanced computing
architectures; and
``(B) tools, languages, programming environments,
and operations for high-end computing systems (as
defined in section 2 of the American Super Computing
Leadership Act of 2017 (15 U.S.C. 5541)).
``(2) Portfolio balance.--
``(A) In general.--The Director shall maintain a
balanced portfolio within the advanced scientific
computing research and development program established
under section 976 of the Energy Policy Act of 2005 (42
U.S.C. 16316) that supports robust investment in--
``(i) applied mathematical, computational,
and computer sciences research needs relevant
to the mission of the Department, including
foundational areas that are critical to the
advancement of energy sciences and technologies
and new and emerging computing technologies;
and
``(ii) associated high-performance
computing hardware and facilities.
``(B) Exascale ecosystem sustainment.--
``(i) Sense of congress.--It is the sense
of Congress that the Exascale Computing Project
has successfully created a broad ecosystem that
provides shared software packages, novel
evaluation systems, and applications relevant
to the science and engineering requirements of
the Department, and that such products must be
maintained and improved in order that the full
potential of the deployed systems can be
continuously realized.
``(ii) Sustainment.--The Secretary shall
seek to sustain and evolve the ecosystem
described in clause (i) to ensure that the
exascale software stack and other research
software will continue to be maintained,
hardened, and otherwise optimized for long-term
use on exascale systems and beyond and reliable
availability to the user community.''; and
(5) by adding at the end the following:
``(e) Advanced Computing Program.--
``(1) In general.--The Secretary shall establish a program
to develop and implement a strategy for achieving computing
systems with capabilities beyond exascale computing systems. In
establishing this program, the Secretary shall--
``(A) maintain foundational research programs in
mathematical, computational, and computer sciences
focused on new and emerging computing needs within the
mission of the Department, including post-Moore's law
computing architectures, novel approaches to modeling
and simulation, artificial intelligence and scientific
machine learning, quantum computing, edge computing,
extreme heterogeneity, including potential quantum
accelerators, and distributed high-performance
computing;
``(B) retain best practices and maintain support
for essential hardware, applications, and software
elements of the Exascale Computing Program that are
necessary for sustaining the vitality of a long-term
capable software ecosystem for exascale and beyond; and
``(C) develop a Department-wide strategy for
balancing on-premises and cloud-based computing and
scientific data management.
``(2) Report.--Not later than 1 year after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report on the development and implementation of the strategy
described in paragraph (1).
``(f) Guidance on Mitigation of Bias in High-performance Computing
Capabilities.--In leveraging high-performance computing systems for
research purposes, including through the use of machine learning
algorithms for data analysis and artificial intelligence, the Secretary
shall issue, and ensure adherence to, guidance for the Department, the
National Laboratories, and users as to how those capabilities should be
employed in a manner that mitigates and, to the maximum extent
practicable, avoids harmful algorithmic bias.
``(g) Architectural Research in Heterogeneous Computing Systems.--
``(1) In general.--The Secretary shall carry out a program
of research and development in heterogeneous and reconfigurable
computing systems to expand understanding of the potential for
heterogeneous and reconfigurable computing systems to deliver
high performance, high efficiency computing for Department
mission challenges. The program shall include research and
development that explores the convergence of big data
analytics, simulations, and artificial intelligence to drive
the design of heterogeneous computing system architectures.
``(2) Coordination.--In carrying out the program described
in paragraph (1), the Secretary shall ensure coordination
between research activities undertaken by the Advanced
Scientific Computing Research program and materials research
supported by the Basic Energy Sciences program within the
Office of Science.
``(h) Energy Efficient Computing Program.--
``(1) In general.--The Secretary shall support a program of
fundamental research, development, and demonstration of energy
efficient computing and data center technologies relevant to
advanced computing applications, including high-performance
computing, artificial intelligence, and scientific machine
learning.
``(2) Execution.--
``(A) Program.--In carrying out the program under
paragraph (1), the Secretary shall--
``(i) establish a partnership for National
Laboratories, industry partners, and
institutions of higher education for codesign
of energy efficient hardware, technology,
software, and applications across all
applicable program offices of the Department,
and provide access to energy efficient
computing resources to such partners;
``(ii) develop hardware and software
technologies that decrease the energy needs of
advanced computing practices, including through
data center codesign;
``(iii) consider multiple heterogeneous
computing architectures in collaboration with
the program established under subsection (g),
including neuromorphic computing, persistent
computing, and ultrafast networking; and
``(iv) provide, as appropriate, on a
competitive, merit-reviewed basis, access for
researchers from institutions of higher
education, National Laboratories, industry, and
other Federal agencies to the energy efficient
computing technologies developed pursuant to
clause (i).
``(B) Selection of partners.--In selecting
participants for the partnership established under
subparagraph (A)(i), the Secretary shall select
participants through a competitive, merit review
process.
``(C) Report.--Not later than 1 year after the date
of enactment of the Research and Development,
Competition, and Innovation Act, the Secretary shall
submit to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a report on--
``(i) the activities conducted under
subparagraph (A); and
``(ii) the coordination and management of
the program under subparagraph (A) to ensure an
integrated research program across the
Department.
``(i) Energy Sciences Network.--
``(1) In general.--The Secretary shall provide for upgrades
to the Energy Sciences Network user facility in order to meet
the research needs of the Department for highly reliable data
transport capabilities optimized for the requirements of large-
scale science.
``(2) Capabilities.--In carrying out paragraph (1), the
Secretary shall ensure the following capabilities:
``(A) To provide high bandwidth scientific
networking across the continental United States and the
Atlantic Ocean.
``(B) To ensure network reliability.
``(C) To protect the network infrastructure from
cyberattacks.
``(D) To manage transport of exponentially
increasing levels of data from the Department's
National Laboratories and sites, user facilities,
experiments, and sensors.
``(E) To contribute to the integration of
heterogeneous computing frameworks and systems.
``(j) Computational Science Graduate Fellowship.--
``(1) In general.--The Secretary shall support the
Computational Science Graduate Fellowship program in order to
facilitate collaboration between graduate students and
researchers at the National Laboratories, and contribute to the
development of a diverse and inclusive computational workforce
to help advance research in all areas of computational science
relevant to the mission of the Department, including quantum
computing.
``(2) Funding.--Of the funds authorized to be appropriated
for the Advanced Scientific Computing Research Program, there
are authorized to be appropriated to the Secretary for carrying
out activities under this subsection--
``(A) $15,750,000 for fiscal year 2023;
``(B) $16,537,500 for fiscal year 2024;
``(C) $17,364,375 for fiscal year 2025;
``(D) $18,232,594 for fiscal year 2026; and
``(E) $19,144,223 for fiscal year 2027.
``(k) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $1,126,950,000 for fiscal year 2023;
``(2) $1,194,109,500 for fiscal year 2024;
``(3) $1,265,275,695 for fiscal year 2025;
``(4) $1,340,687,843 for fiscal year 2026; and
``(5) $1,420,599,500 for fiscal year 2027.''.
(b) Quantum Science Network.--
(1) Definitions.--Section 2 of the National Quantum
Initiative Act (15 U.S.C. 8801) is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) Quantum network infrastructure.--The term `quantum
network infrastructure' means any facility, expertise, or
capability that is necessary to enable the development and
deployment of scalable and diverse quantum network
technologies.''.
(2) Department of energy quantum network infrastructure
research and development program.--
(A) In general.--Title IV of the National Quantum
Initiative Act (15 U.S.C. 8851 et seq.) is amended by
adding at the end the following:
``SEC. 403. DEPARTMENT OF ENERGY QUANTUM NETWORK INFRASTRUCTURE
RESEARCH AND DEVELOPMENT PROGRAM.
``(a) In General.--The Secretary of Energy (referred to in this
section as the `Secretary') shall carry out a research, development,
and demonstration program to accelerate innovation in quantum network
infrastructure in order to--
``(1) facilitate the advancement of distributed quantum
computing systems through the internet and intranet;
``(2) improve the precision of measurements of scientific
phenomena and physical imaging technologies;
``(3) develop secure national quantum communications
technologies and strategies;
``(4) demonstrate quantum networking utilizing the
Department of Energy's Energy Sciences Network User Facility;
and
``(5) advance the relevant domestic supply chains,
manufacturing capabilities, and associated simulations or
modeling capabilities.
``(b) Program.--In carrying out this section, the Secretary shall--
``(1) coordinate with--
``(A) the Director of the National Science
Foundation;
``(B) the Director of the National Institute of
Standards and Technology;
``(C) the Chair of the Subcommittee on Quantum
Information Science of the National Science and
Technology Council established under section 103(a);
and
``(D) the Chair of the Subcommittee on the Economic
and Security Implications of Quantum Science;
``(2) conduct cooperative research with industry, National
Laboratories, institutions of higher education, and other
research institutions to facilitate new quantum infrastructure
methods and technologies, including--
``(A) quantum-limited detectors, ultra-low loss
optical channels, space-to-ground connections, and
classical networking and cybersecurity protocols;
``(B) entanglement and hyper-entangled state
sources and transmission, control, and measurement of
quantum states;
``(C) quantum interconnects that allow short range
local connections between quantum processors;
``(D) transducers for quantum sources and signals
between optical wavelength regimes, including
telecommunications regimes and quantum computer-
relevant domains, including microwaves;
``(E) development of quantum memory buffers and
small-scale quantum computers that are compatible with
photon-based quantum bits in the optical or
telecommunications wavelengths;
``(F) long-range entanglement distribution,
including allowing entanglement-based protocols between
small- and large scale quantum processors, at the
terrestrial and space-based level using quantum
repeaters and optical or laser communications;
``(G) quantum routers, multiplexers, repeaters, and
related technologies necessary to create secure long-
distance quantum communication; and
``(H) integration of systems across the quantum
technology stack into traditional computing networks,
including the development of remote controlled, high-
performance, and reliable implementations of key
quantum network components by leveraging the expertise,
infrastructure and supplemental investments at the
National Laboratories in the Energy Sciences Network
User Facility;
``(3) engage with the Quantum Economic Development
Consortium and other organizations, as applicable, to
transition component technologies to help facilitate as
appropriate the development of a quantum supply chain for
quantum network technologies;
``(4) advance basic research in advanced scientific
computing, particle and nuclear physics, and material science
to enhance the understanding, prediction, and manipulation of
materials, processes, and physical phenomena relevant to
quantum network infrastructure;
``(5) develop experimental tools and testbeds in
collaboration with the Energy Sciences Network User Facility
necessary to support cross-cutting fundamental research and
development activities with diverse stakeholders from industry,
National Laboratories, and institutions of higher education;
and
``(6) consider quantum network infrastructure applications
that span the Department of Energy's missions in energy,
environment, and national security.
``(c) Leveraging.--In carrying out this section, the Secretary
shall leverage resources, infrastructure, and expertise across the
Department of Energy and from--
``(1) the National Institute of Standards and Technology;
``(2) the National Science Foundation;
``(3) the National Aeronautics and Space Administration;
``(4) other relevant Federal agencies;
``(5) the National Laboratories;
``(6) industry stakeholders;
``(7) institutions of higher education; and
``(8) the National Quantum Information Science Research
Centers.
``(d) Research Plan.--Not later than 180 days after the date of
enactment of the Research and Development, Competition, and Innovation
Act, the Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a 4-year research plan that
identifies and prioritizes basic research needs relating to quantum
network infrastructure.
``(e) Standard of Review.--The Secretary shall review activities
carried out under this section to determine the achievement of
technical milestones.
``(f) Funding.--Of the funds authorized to be appropriated for the
Department of Energy's Office of Science, there is authorized to be
appropriated to the Secretary to carry out the activities under this
section $100,000,000 for each of fiscal years 2023 through 2027.
``SEC. 404. DEPARTMENT OF ENERGY QUANTUM USER EXPANSION FOR SCIENCE AND
TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary of Energy (referred to in this
section as the `Secretary') shall establish and carry out a program, to
be known as the `Quantum User Expansion for Science and Technology
program' or `QUEST program', to encourage and facilitate access to
United States quantum computing hardware and quantum computing clouds
for research purposes--
``(1) to enhance the United States quantum research
enterprise;
``(2) to educate the future quantum computing workforce;
``(3) to accelerate the advancement of United States
quantum computing capabilities; and
``(4) to advance the relevant domestic supply chains,
manufacturing processes, and associated simulations or modeling
capabilities.
``(b) Program.--In carrying out this section, the Secretary shall--
``(1) coordinate with--
``(A) the Director of the National Science
Foundation;
``(B) the Director of the National Institute of
Standards and Technology;
``(C) the Chair of the Subcommittee on Quantum
Information Science of the National Science and
Technology Council established under section 103(a);
and
``(D) the Chair of the Subcommittee on the Economic
and Security Implications of Quantum Science;
``(2) provide researchers based within the United States
with access to, and use of, United States quantum computing
resources through a competitive, merit-reviewed process;
``(3) consider applications from the National Laboratories,
multi-institutional collaborations, institutions of higher
education, industry stakeholders, and any other entities that
the Secretary determines are appropriate to provide national
leadership on quantum computing related issues;
``(4) coordinate with private sector stakeholders, the user
community, and interagency partners on program development and
best management practices; and
``(5) to the extent practicable, balance user access to
commercial prototypes available for use across a broad class of
applications and Federal research prototypes that enable
benchmarking a wider variety of early-stage devices.
``(c) Leveraging.--In carrying out this section, the Secretary
shall leverage resources and expertise across the Department of Energy
and from--
``(1) the National Institute of Standards and Technology;
``(2) the National Science Foundation;
``(3) the National Aeronautics and Space Administration;
``(4) other relevant Federal agencies;
``(5) the National Laboratories;
``(6) industry stakeholders;
``(7) institutions of higher education; and
``(8) the National Quantum Information Science Research
Centers.
``(d) Security.--In carrying out the activities authorized by this
section, the Secretary, in consultation with the Director of the
National Science Foundation and the Director of the National Institute
of Standards and Technology, shall ensure proper security controls are
in place to protect sensitive information, as appropriate.
``(e) Funding.--Of the funds authorized to be appropriated for the
Department of Energy's Office of Science, there are authorized to be
appropriated to the Secretary to carry out the activities under this
section--
``(1) $30,000,000 for fiscal year 2023;
``(2) $31,500,000 for fiscal year 2024;
``(3) $33,075,000 for fiscal year 2025;
``(4) $34,728,750 for fiscal year 2026; and
``(5) $36,465,188 for fiscal year 2027.''.
(B) Clerical amendment.--The table of contents in
section 1(b) of the National Quantum Initiative Act
(Public Law 115-368; 132 Stat. 5092) is amended by
inserting after the item relating to section 402 the
following:
``Sec. 403. Department of Energy quantum network infrastructure
research and development program.
``Sec. 404. Department of Energy quantum user expansion for science and
technology program.''.
SEC. 10105. FUSION ENERGY RESEARCH.
(a) Fusion Energy Research.--Section 307 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18645) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``As part of'' and inserting
the following:
``(1) In general.--As part of''; and
(D) by adding at the end the following:
``(2) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (q), there is
authorized to be appropriated to the Secretary to carry out
activities described in paragraph (1) $50,000,000 for each of
fiscal years 2023 through 2027.'';
(2) in subsection (d)(3)--
(A) by striking ``(o)'' and inserting ``(q)'';
(B) by striking ``subsection (d)'' and inserting
``this subsection''; and
(C) by striking ``2025'' and inserting ``2027'';
(3) in subsection (e)(4)--
(A) by striking ``(o)'' and inserting ``(q)'';
(B) by striking ``subsection (e)'' and inserting
``this subsection''; and
(C) by striking ``2025'' and inserting ``2027'';
(4) in subsection (i)(10)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``(o)'' and inserting
``(q)''; and
(ii) by striking ``subsection (i)'' and
inserting ``this subsection'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(F) $45,000,000 for fiscal year 2026; and
``(G) $45,000,000 for fiscal year 2027.'';
(5) by striking subsection (j) and inserting the following:
``(j) Fusion Reactor System Design.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Research and Development, Competition, and
Innovation Act, the Director shall establish not less than 2
national teams described in paragraph (2) that shall--
``(A) develop conceptual pilot plant designs and
technology roadmaps; and
``(B) create an engineering design of a pilot plant
that will bring fusion to commercial viability.
``(2) National teams.--A national team referred to in
paragraph (1) shall--
``(A) be composed of developers, manufacturers,
universities, National Laboratories, and
representatives of the engineering, procurement, and
construction industries; and
``(B) include public-private partnerships.
``(3) Authorization of appropriations.--Of the funds
authorized to be appropriated for Fusion Energy Sciences in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out this subsection--
``(A) $35,000,000 for fiscal year 2023;
``(B) $50,000,000 for fiscal year 2024;
``(C) $65,000,000 for fiscal year 2025;
``(D) $80,000,000 for fiscal year 2026; and
``(E) $80,000,000 for fiscal year 2027.'';
(6) by redesignating subsection (o) as subsection (r);
(7) by inserting after subsection (n) the following:
``(o) High-performance Computation Collaborative Research
Program.--
``(1) In general.--The Secretary shall carry out a program
to conduct and support collaborative research, development, and
demonstration of fusion energy technologies, through high-
performance computation modeling and simulation techniques, in
order--
``(A) to support fundamental research in plasmas
and matter at very high temperatures and densities;
``(B) to inform the development of a broad range of
fusion energy systems; and
``(C) to facilitate the translation of research
results in fusion energy science to industry.
``(2) Coordination.--In carrying out the program under
paragraph (1), the Secretary shall coordinate with relevant
Federal agencies, and prioritize the following objectives:
``(A) To use expertise from the private sector,
institutions of higher education, and the National
Laboratories to leverage existing, and develop new,
computational software and capabilities that
prospective users may use to accelerate research and
development of fusion energy systems.
``(B) To develop computational tools to simulate
and predict fusion energy science phenomena that may be
validated through physical experimentation.
``(C) To increase the utility of the research
infrastructure of the Department by coordinating with
the Advanced Scientific Computing Research program
within the Office of Science.
``(D) To leverage experience from existing modeling
and simulation entities sponsored by the Department.
``(E) To ensure that new experimental and
computational tools are accessible to relevant research
communities, including private sector entities engaged
in fusion energy technology development.
``(F) To ensure that newly developed computational
tools are compatible with modern virtual engineering
and visualization capabilities to accelerate the
realization of fusion energy technologies and systems.
``(3) Duplication.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of the program under paragraph (1) with the
activities of--
``(A) other research entities of the Department,
including the National Laboratories, the Advanced
Research Projects Agency--Energy, and the Advanced
Scientific Computing Research program within the Office
of Science; and
``(B) industry.
``(4) High-performance computing for fusion innovation
center.--
``(A) In general.--In carrying out the program
under paragraph (1), the Secretary shall, in
coordination with the Innovation Network for Fusion
Energy, establish and operate a national High-
Performance Computing for Fusion Innovation Center
(referred to in this paragraph as the `Center'), to
support the program under paragraph (1) by providing,
to the extent practicable, a centralized entity for
multidisciplinary, collaborative, fusion energy
research and development through high-performance
computing and advanced data analytics technologies and
processes.
``(B) Eligible entities.--An entity eligible to
serve as the Center shall be--
``(i) a National Laboratory;
``(ii) an institution of higher education;
``(iii) a multi-institutional
collaboration; or
``(iv) any other entity that the Secretary
determines to be appropriate.
``(C) Application; selection.--
``(i) Application.--To be eligible to serve
as the Center, an eligible entity shall submit
to the Secretary an application at such time,
in such manner, and containing such information
as the Secretary may require.
``(ii) Selection.--The Secretary shall
select the Center on a competitive, merit-
reviewed basis.
``(D) Existing activities.--The Center may
incorporate existing research activities that are
consistent with the program under paragraph (1).
``(E) Priorities.--
``(i) In general.--The Center shall
prioritize activities that utilize expertise
and infrastructure from a balance among the
private sector, institutions of higher
education, and the National Laboratories to
enhance existing computation tools and develop
new computational software and capabilities to
accelerate the commercial application of fusion
energy systems.
``(ii) Maintenance of resource
availability.--The Secretary may enter into
contracts with commercial cloud computing
providers to ensure that resource availability
within the Department is not reduced or
disproportionately distributed as a result of
Center activities.
``(F) Duration.--Subject to subparagraph (G), the
Center shall receive support for a period of not more
than 5 years, subject to the availability of
appropriations.
``(G) Renewal.--On the expiration of the period of
support of the Center under subparagraph (F), the
Secretary may renew support for the Center, on a merit-
reviewed basis, for a period of not more than 5 years.
``(p) Material Plasma Exposure Experiment.--
``(1) In general.--The Secretary shall construct a Material
Plasma Exposure Experiment facility as described in the 2020
publication approved by the Fusion Energy Sciences Advisory
Committee entitled `Powering the Future: Fusion and Plasmas'.
The Secretary shall consult with the private sector,
institutions of higher education, National Laboratories, and
relevant Federal agencies to ensure that the facility is
capable of meeting Federal research needs for steady state,
high-heat-flux, and plasma-material interaction testing of
fusion materials over a range of fusion energy relevant
parameters.
``(2) Facility capabilities.--The Secretary shall ensure
that the facility described in paragraph (1) will provide the
following capabilities:
``(A) A magnetic field at the target of 1 Tesla.
``(B) An energy flux at the target of 10 MW/m\2\.
``(C) The ability to expose previously irradiated
plasma facing material samples to plasma.
``(3) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in paragraph (1)
occurs before December 31, 2027.
``(4) Funding.--Of the funds authorized to be appropriated
for Fusion Energy Sciences, there are authorized to be
appropriated to the Secretary for the Office of Fusion Energy
Sciences to complete construction of the facility described in
paragraph (1)--
``(A) $21,895,000 for fiscal year 2023; and
``(B) $3,800,000 for fiscal year 2024.
``(q) Matter in Extreme Conditions Instrument Upgrade.--
``(1) In general.--The Secretary shall provide for the
upgrade to the Matter in Extreme Conditions endstation at the
Linac Coherent Light Source as described in the 2020
publication approved by the Fusion Energy Sciences Advisory
Committee entitled `Powering the Future: Fusion and Plasmas'.
The Secretary shall consult with the private sector,
institutions of higher education, National Laboratories, and
relevant Federal agencies to ensure that this facility is
capable of meeting Federal research needs for understanding
physical and chemical changes to plasmas at fundamental
timescales, and explore new regimes of dense material physics,
astrophysics, planetary physics, and short-pulse laser-plasma
interactions.
``(2) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in paragraph (1)
occurs before December 31, 2028.''; and
(8) in subsection (r) (as so redesignated)--
(A) by striking ``There'' and inserting ``Out of
funds authorized to be appropriated for the Office of
Science in a fiscal year, there''; and
(B) by striking paragraphs (3) through (5) and
inserting the following:
``(3) $1,025,500,400 for fiscal year 2023;
``(4) $1,043,489,724 for fiscal year 2024;
``(5) $1,053,266,107 for fiscal year 2025;
``(6) $1,047,962,074 for fiscal year 2026; and
``(7) $1,114,187,798 for fiscal year 2027.''.
(b) ITER Construction.--Section 972(c)(3) of the Energy Policy Act
of 2005 (42 U.S.C. 16312(c)(3)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) $379,700,000 for fiscal year 2023;
``(C) $419,250,000 for fiscal year 2024;
``(D) $415,000,000 for fiscal year 2025;
``(E) $370,500,000 for fiscal year 2026; and
``(F) $411,078,000 for fiscal year 2027.''.
SEC. 10106. HIGH ENERGY PHYSICS PROGRAM.
(a) Program.--Section 305 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18643) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Program.--As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139), the
Director shall carry out a research program in elementary particle
physics and advanced technology research and development to improve the
understanding of the fundamental properties of the universe, including
constituents of matter and energy and the nature of space and time.
``(c) High Energy Frontier Research.--As part of the program
described in subsection (b), the Director shall carry out research
using high energy accelerators and advanced detectors, including
accelerators and detectors that will function as national user
facilities, to create and study interactions of elementary particles
and investigate fundamental forces.''.
(b) International Collaboration.--Section 305 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18643) is amended by
striking subsection (d) (as redesignated by subsection (a)(1)) and
inserting the following:
``(d) International Collaboration.--The Director shall--
``(1) as practicable and in coordination with other
appropriate Federal agencies as necessary, ensure the access of
United States researchers to the most advanced accelerator
facilities and research capabilities in the world, including
the Large Hadron Collider;
``(2) to the maximum extent practicable, continue to
leverage United States participation in the Large Hadron
Collider, and prioritize expanding international partnerships
and investments in the Long-Baseline Neutrino Facility and Deep
Underground Neutrino Experiment; and
``(3) to the maximum extent practicable, prioritize
engagement in collaborative efforts in support of future
international facilities that would provide access to the most
advanced accelerator facilities in the world to United States
researchers.''.
(c) Cosmic Frontier Research.--Section 305 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18645) is amended by
striking subsection (f) (as redesignated by subsection (a)(1)) and
inserting the following:
``(f) Cosmic Frontier Research.--The Director shall carry out
research activities on the nature of the primary contents of the
universe, including the nature of dark energy and dark matter. These
activities shall, to the maximum extent practicable, be consistent with
the research priorities identified by the High Energy Physics Advisory
Panel or the National Academy of Sciences, and may include--
``(1) collaborations with the National Aeronautics and
Space Administration, the National Science Foundation, or
international partners on relevant projects; and
``(2) the development of space-based, land-based, water-
based, and underground facilities and experiments.''.
(d) Further Activities.--Section 305 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18645) (as amended by subsection
(c)), is amended by adding at the end the following:
``(g) Facility Construction and Major Items of Equipment.--
``(1) Projects.--Consistent with the Office of Science's
project management practices, the Director shall, to the
maximum extent practicable, by incorporating the findings and
recommendations of the 2014 Particle Physics Project
Prioritization Panel (P5) report entitled `Building for
Discovery', support construction or fabrication of--
``(A) an international Long-Baseline Neutrino
Facility based in the United States;
``(B) the Proton Improvement Plan II;
``(C) Second Generation Dark Matter experiments;
``(D) the Legacy Survey of Space and Time camera;
``(E) upgrades to detectors and other components of
the Large Hadron Collider; and
``(F) the Cosmic Microwave Background Stage 4
project; and
``(G) other high priority projects recommended in
the most recent report of the Particle Physics Project
Prioritization Panel of the High Energy Physics
Advisory Panel.
``(2) Long-baseline neutrino facility.--
``(A) In general.--The Secretary shall support
construction of a Long-Baseline Neutrino Facility to
facilitate the international Deep Underground Neutrino
Experiment to examine the fundamental properties of
neutrinos, explore physics beyond the Standard Model,
and better clarify the existence and nature of
antimatter.
``(B) Facility capabilities.--The Secretary shall
ensure that the facility described in subparagraph (A)
will provide, at a minimum, the following capabilities:
``(i) A neutrino beam with wideband
capability of 1.2 megawatts of beam power and
upgradable to 2.4 megawatts of beam power.
``(ii) 3 caverns excavated for a 70 kiloton
fiducial detector mass and supporting surface
buildings and utilities.
``(iii) Cryogenic systems to support
neutrino detectors.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the facility
described in subparagraph (A) occurs before December
31, 2031.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (k), there are authorized
to be appropriated to the Secretary to carry out
construction of the project described in subparagraph
(A)--
``(i) $180,000,000 for fiscal year 2023;
``(ii) $255,000,000 for fiscal year 2024;
``(iii) $305,000,000 for fiscal year 2025;
``(iv) $305,000,000 for fiscal year 2026;
and
``(v) $305,000,000 for fiscal year 2027.
``(3) Proton improvement plan-ii accelerator upgrade
project.--
``(A) In general.--The Secretary shall support
construction of the Proton Improvement Plan II, an
upgrade to the Fermilab accelerator complex identified
in the 2014 Particle Physics Project Prioritization
Panel (P5) report entitled `Building for Discovery', to
provide the world's most intense beam of neutrinos to
the international Long Baseline Neutrino Facility and
to carry out a broad range of future high energy
physics experiments. The Secretary shall work with
international partners to enable further significant
contributions to the capabilities of that project.
``(B) Facility capabilities.--The Secretary shall
ensure that the facility described in subparagraph (A)
will provide, at a minimum, the following capabilities:
``(i) A state-of-the-art 800 megaelectron
volt superconducting linear accelerator.
``(ii) Proton beam power of 1.2 megawatts
at the start of LBNF/DUNE, upgradeable to 2.4
megawatts of beam power.
``(iii) A flexible design to enable high
power beam delivery to multiple users
simultaneously and customized beams tailored to
specific scientific needs.
``(iv) Sustained high reliability operation
of the Fermilab accelerator complex.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the facility
described in subparagraph (A) occurs before December
31, 2028.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (k), there are authorized
to be appropriated to the Secretary to carry out
construction of the facility described in subparagraph
(A)--
``(i) $130,000,000 for fiscal year 2023;
``(ii) $120,000,000 for fiscal year 2024;
``(iii) $120,000,000 for fiscal year 2025;
``(iv) $115,000,000 for fiscal year 2026;
and
``(v) $110,000,000 for fiscal year 2027.
``(4) Cosmic microwave background stage 4.--
``(A) In general.--The Secretary, in partnership
with the Director of the National Science Foundation,
shall support construction of the Cosmic Microwave
Background Stage 4 project to survey the cosmic
microwave background to test theories of cosmic
inflation as described in the 2014 Particle Physics
Prioritization Panel (P5) report entitled `Building for
Discovery: Strategic Plan for U.S. Particle Physics in
the Global Context.'.
``(B) Consultation.--The Secretary shall consult
with the private sector, institutions of higher
education, National Laboratories, and relevant Federal
agencies to ensure that the project described in
subparagraph (A) is capable of meeting Federal research
needs in accessing the ultra-high energy physics of
inflation and important neutrino properties.
``(C) Experimental capabilities.--The Secretary
shall ensure to the maximum extent practicable that the
facility described in subparagraph (A) will provide, at
a minimum, 500,000 superconducting detectors deployed
on an array of millimeter-wave telescopes with the
required range in frequency, sensitivity, and survey
speed that will provide sufficient capability to enable
an order of magnitude advance in observations of the
Cosmic Microwave Background, delivering transformative
discoveries in fundamental physics, cosmology, and
astrophysics.
``(D) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the facility
described in subparagraph (A) occurs before December
31, 2030.
``(E) Funding.--Out of funds authorized to be
appropriated under subsection (k), there are authorized
to be appropriated to the Secretary to carry out
construction of the facility described in subparagraph
(A)--
``(i) $10,000,000 for fiscal year 2023;
``(ii) $25,000,000 for fiscal year 2024;
``(iii) $60,000,000 for fiscal year 2025;
``(iv) $80,000,000 for fiscal year 2026;
and
``(v) $80,000,000 for fiscal year 2027.
``(h) Accelerator and Detector Upgrades.--The Director shall
upgrade accelerator facilities and detectors, as necessary and
appropriate, to increase beam power, sustain high reliability, and
improve precision measurement to advance the highest priority particle
physics research programs. In carrying out facility upgrades, the
Director shall continue to work with international partners, when
appropriate and in the United States' interest, to leverage investments
and expertise in critical technologies to help build and upgrade
accelerator and detector facilities in the United States.
``(i) Accelerator and Detector Research and Development.--As part
of the program described in subsection (b), the Director shall carry
out research and development in particle beam physics, accelerator
science and technology, and particle and radiation detection with
relevance to the specific needs of the High Energy Physics program, in
coordination with the Accelerator Research and Development program
authorized under section 310.
``(j) Underground Science.--The Director shall--
``(1) support an underground science program consistent
with the missions of the Department and the scientific needs of
the High Energy Physics program, including those articulated in
the most recent report of the Particle Physics Project
Prioritization Panel of the High Energy Physics Advisory Panel,
that leverages the capabilities of relevant underground science
and engineering facilities;
``(2) carry out a competitive grant program to award
scientists and engineers at institutions of higher education,
nonprofit institutions, and National Laboratories to conduct
research in underground science and engineering; and
``(3) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives a report on the
inventory of underground mines in the United States that may be
suitable for future development of underground science and
engineering facilities and any anticipated challenges
associated with repurposing, repair, facility siting, or
construction.
``(k) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $1,159,520,000 for fiscal year 2023;
``(2) $1,289,891,200 for fiscal year 2024;
``(3) $1,428,284,672 for fiscal year 2025;
``(4) $1,499,881,752 for fiscal year 2026; and
``(5) $1,554,874,657 for fiscal year 2027.''.
SEC. 10107. NUCLEAR PHYSICS PROGRAM.
Section 308 of the Department of Energy Research and Innovation Act
(Public Law 115-246; 132 Stat. 3150) is amended to read as follows:
``SEC. 308. NUCLEAR PHYSICS.
``(a) Program.--As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139), the
Director shall carry out a research program, and support relevant
facilities, to discover and understand various forms of nuclear matter.
``(b) Electron Ion Collider.--
``(1) In general.--The Secretary shall support construction
of an Electron Ion Collider as described in the 2015 Long Range
Plan of the Nuclear Science Advisory Committee and the report
from the National Academies of Science, Engineering, and
Medicine entitled `An Assessment of U.S.-Based Electron-Ion
Collider Science', in order to measure the internal structure
of the proton and the nucleus and answer fundamental questions
about the nature of visible matter.
``(2) Facility capability.--The Secretary shall ensure that
the facility described in paragraph (1) meets the requirements
in the 2015 Long Range Plan described in that paragraph,
including--
``(A) at least 70 percent polarized beams of
electrons and light ions;
``(B) ion beams from deuterium to the heaviest
stable nuclei;
``(C) variable center of mass energy from 20 to 140
GeV;
``(D) high collision luminosity of 1033 34cm-2s-1;
and
``(E) the possibility of more than 1 interaction
region.
``(3) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility under this subsection occurs
before December 31, 2030.
``(4) Funding.--Out of funds authorized to be appropriated
under subsection (c), there are authorized to be appropriated
to the Secretary to carry out construction of the facility
under this subsection--
``(A) $90,000,000 for fiscal year 2023;
``(B) $181,000,000 for fiscal year 2024;
``(C) $219,000,000 for fiscal year 2025;
``(D) $297,000,000 for fiscal year 2026; and
``(E) $301,000,000 for fiscal year 2027.
``(c) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $840,480,000 for fiscal year 2023;
``(2) $976,508,800 for fiscal year 2024;
``(3) $1,062,239,328 for fiscal year 2025;
``(4) $1,190,833,688 for fiscal year 2026; and
``(5) $1,248,463,709 for fiscal year 2027.''.
SEC. 10108. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.
Section 309 of the Department of Energy Research and Innovation Act
(42 U.S.C. 18647) is amended by adding at the end the following:
``(c) Approach.--In carrying out the program under subsection (a),
the Director shall use all available approaches and mechanisms, as the
Secretary determines to be appropriate, including--
``(1) capital line items;
``(2) minor construction projects;
``(3) energy savings performance contracts;
``(4) utility energy service contracts;
``(5) alternative financing; and
``(6) expense funding.
``(d) Submission to Congress.--For each fiscal year through fiscal
year 2027, at the same time as the annual budget submission of the
President, the Secretary shall submit to the Committee on
Appropriations and the Committee on Energy and Natural Resources of the
Senate and the Committee on Appropriations and the Committee on
Science, Space, and Technology of the House of Representatives a list
of projects for which the Secretary will provide funding under this
section, including a description of each project and the funding
profile for the project.
``(e) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out the
activities described in this section $550,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 10109. ACCELERATOR RESEARCH AND DEVELOPMENT.
The Department of Energy Research and Innovation Act (42 U.S.C.
18601 et seq.) is amended by adding at the end the following:
``SEC. 310. ACCELERATOR RESEARCH AND DEVELOPMENT.
``(a) Program.--As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139), the
Director shall carry out a research program--
``(1) to advance accelerator science and technology
relevant to the Department, other Federal agencies, and United
States industry;
``(2) to foster partnerships to develop, demonstrate, and
enable the commercial application of accelerator technologies;
``(3) to support the development of a skilled, diverse, and
inclusive accelerator workforce; and
``(4) to provide access to accelerator design and
engineering resources.
``(b) Accelerator Research.--In carrying out the program authorized
under subsection (a), the Director shall support--
``(1) research activities in cross-cutting accelerator
technologies including superconducting magnets and
accelerators, beam physics, data analytics-based accelerator
controls, simulation software, new particle sources, advanced
laser technology, and transformative research; and
``(2) optimal operation of the Accelerator Test Facility.
``(c) Accelerator Development.--In carrying out the program
authorized under subsection (a), the Director shall support
partnerships to foster the development, demonstration, and commercial
application of accelerator technologies, including advanced
superconducting wire and cable, superconducting RF cavities, and high
efficiency radiofrequency power sources for accelerators.
``(d) Research Collaborations.--In developing accelerator
technologies under the program authorized under subsection (a), the
Director shall--
``(1) consider the requirements necessary to support
translational research and development for medical, industrial,
security, and defense applications; and
``(2) leverage investments in accelerator technologies and
fundamental research in particle physics by partnering with
institutions of higher education, industry, and other Federal
agencies to enable the commercial application of advanced
accelerator technologies.
``(e) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $19,080,000 for fiscal year 2023;
``(2) $20,224,800 for fiscal year 2024;
``(3) $21,438,288 for fiscal year 2025;
``(4) $22,724,585 for fiscal year 2026; and
``(5) $24,088,060 for fiscal year 2027.''.
SEC. 10110. ISOTOPE RESEARCH, DEVELOPMENT, AND PRODUCTION.
(a) In General.--The Department of Energy Research and Innovation
Act (42 U.S.C. 18601 et seq.) is amended by adding after section 310
(as added by section 10109) the following:
``SEC. 311. ISOTOPE RESEARCH, DEVELOPMENT, AND PRODUCTION.
``(a) Definition of Critical Radioactive and Stable Isotope.--
``(1) In general.--In this section, the term `critical
radioactive and stable isotope' means a radioactive and stable
isotope--
``(A) the domestic commercial production of which
is unavailable or inadequate to satisfy the demand of
research, medical, industrial, or related industries in
the United States; and
``(B) the supply of which is augmented through--
``(i) Department production; or
``(ii) foreign suppliers.
``(2) Exclusion.--In this section, the term `critical
radioactive and stable isotope' does not include the medical
isotope molybdenum-99, the production and supply of which is
addressed in the American Medical Isotopes Production Act of
2012 (Public Law 112-239; 126 Stat. 2211) (including the
amendments made by that Act).
``(b) Program.--The Director shall--
``(1) carry out, in coordination with other relevant
programs across the Department, a program--
``(A) for the production of critical radioactive
and stable isotopes, including the development of
techniques to produce isotopes, that the Secretary
determines are needed and of sufficient quality and
quantity for research, medical, industrial, or related
purposes;
``(B) for the production of critical radioactive
and stable isotopes that are in short supply or
projected to be in short supply in the future,
including byproducts, surplus materials, and related
isotope services;
``(C) to maintain and enhance the infrastructure
required to produce and supply critical radioactive and
stable isotope products and related services;
``(D) to conduct research and development on new
and improved isotope production and processing
techniques that can make critical radioactive and
stable isotopes available for research and application
as soon as possible while assisting in workforce
development;
``(E) to reduce domestic dependency on the foreign
supply of critical radioactive and stable isotopes to
ensure national preparedness; and
``(F) to the maximum extent practicable, in
accordance with--
``(i) evidence-based reports, such as the
2015 report of the Nuclear Science Advisory
Committee entitled `Meeting Isotope Needs and
Capturing Opportunities for the Future'; and
``(ii) assessments of isotope supply
chains, including the assessment described in
paragraph (3), any reports submitted pursuant
to subsection (d), and other current and future
assessments;
``(2) ensure that isotope production activities carried out
under this subsection are consistent with the statement of
policy entitled `Policies and Procedures for Transfer of
Commercial Radioisotope Production and Distribution to Private
Industry' (30 Fed. Reg. 3247 (March 9, 1965));
``(3) assess the domestic requirements of current and
emerging critical radioactive and stable isotopes and
associated applications, including by consulting end-users, to
identify areas that may require Federal investment for
expedited development of domestic production capacity for those
isotopes, including through public-private partnerships, as
appropriate;
``(4) ensure that actions taken by the Department do not
interfere with, delay, compete with, or otherwise adversely
affect efforts by the private sector to make available or
otherwise facilitate the supply of critical radioactive and
stable isotopes, including efforts under existing agreements
between the Department or contractors of the Department and the
private sector; and
``(5) in coordination with the Assistant Secretary for
Nuclear Energy, assess options for demonstrating the production
of critical radioactive and stable isotopes in research, test,
or commercial nuclear reactors and accelerators, including
reactors and accelerators operated at universities.
``(c) Advisory Committee.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall establish an
advisory committee (referred to in this subsection as the
`committee') in alignment with the program established under
subsection (b)--
``(A) to carry out the activities previously
executed as part of the Isotope Subcommittee of the
Nuclear Science Advisory Committee; and
``(B) to provide expert advice and assistance to
the Director in carrying out that program.
``(2) Report.--
``(A) In general.--Not later than 1 year after the
committee is established, the committee shall--
``(i) update the 2015 Nuclear Science
Advisory Committee Isotopes Subcommittee Report
entitled `Meeting Isotope Needs and Capturing
Opportunities for the Future'; and
``(ii) periodically update that report
thereafter as needed.
``(B) Inclusions.--An updated report under
subparagraph (A) shall include an assessment of--
``(i) current demand in the United States
for critical radioactive and stable isotopes;
``(ii) the impact of continued reliance on
foreign supply of critical radioactive and
stable isotopes;
``(iii) proposed mitigation strategies,
including increasing domestic production
sources for critical radioactive and stable
isotopes, that--
``(I) are not commercially
available; or
``(II) are commercially produced in
quantities that are not sufficient--
``(aa) to satisfy domestic
demand; and
``(bb) to minimize
production constraints and
supply disruptions to the
United States healthcare and
industrial isotope industries;
``(iv) current facilities, including
upgrades to those facilities, and new
facilities needed to meet domestic critical
isotope needs; and
``(v) workforce development needs.
``(3) Nonduplication.--The committee shall work in
alignment with, and shall not duplicate the efforts of,
preexisting advisory committees that are advising the program
established under subsection (b).
``(4) FACA.--The committee shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Report.--
``(1) In general.--Not later than the end of the first
fiscal year beginning after the date of enactment of this
section, and biennially thereafter, the Secretary of Energy
Advisory Board shall submit to the Committees on Energy and
Natural Resources and Environment and Public Works of the
Senate and the Committees on Science, Space, and Technology and
Energy and Commerce of the House of Representatives a report
describing the progress made under the program established
under subsection (b) during the preceding 2 fiscal years.
``(2) Inclusions.--Each report under paragraph (1) shall
include--
``(A) an updated assessment of any critical
radioactive and stable isotope shortages in the United
States;
``(B) a description of--
``(i) any disruptions in the international
supply of critical radioactive and stable
isotopes during the preceding 2 fiscal years;
and
``(ii) the impact of those disruptions on
related activities; and
``(C)(i) a projection of anticipated disruptions in
the international supply, or supply constraints, of
critical radioactive and stable isotopes during the
next 2 fiscal years; and
``(ii) the anticipated impact of those disruptions
or constraints, as applicable, on related domestic
activities.
``(e) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out this
section--
``(1) $175,708,000 for fiscal year 2023;
``(2) $196,056,480 for fiscal year 2024;
``(3) $215,759,869 for fiscal year 2025;
``(4) $200,633,461 for fiscal year 2026; and
``(5) $146,293,469 for fiscal year 2027.''.
(b) Demonstration of Isotope Production.--Section 952(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16272(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4) and
moving the paragraph so as to appear after paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Isotope demonstration evaluation.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Research and Development,
Competition, and Innovation Act, the Secretary, acting
through the Assistant Secretary for Nuclear Energy,
shall evaluate the technical and economic feasibility
of the establishment of an isotope demonstration
subprogram of the program established under paragraph
(1) to support the development and commercial
demonstration of critical radioactive and stable
isotope production in existing commercial nuclear power
plants.
``(B) Consultation.--The Secretary, acting through
the Assistant Secretary for Nuclear Energy, shall
consult with the Director of the Office of Science in
carrying out the evaluation under subparagraph (A).
``(C) Definition of critical radioactive and stable
isotope.--In this paragraph, the term `critical
radioactive and stable isotope' has the meaning given
the term in section 311(a) of the Department of Energy
Research and Innovation Act.''.
(c) Radioisotope Processing Facility.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as ``the Secretary'') shall construct a
radioisotope processing facility to provide for the growing
radiochemical processing capability needs associated with the
production of critical radioactive isotopes authorized under
section 311 of the Department of Energy Research and Innovation
Act.
(2) Funding.--Out of funds authorized to be appropriated
under section 311(e) of the Department of Energy Research and
Innovation Act, there are authorized to be appropriated to the
Secretary to carry out this subsection--
(A) $30,500,000 for fiscal year 2023;
(B) $75,000,000 for fiscal year 2024;
(C) $105,000,000 for fiscal year 2025;
(D) $83,000,000 for fiscal year 2026; and
(E) $43,000,000 for fiscal year 2027.
(d) Stable Isotope Production and Research Center.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as ``the Secretary'') shall establish a stable
isotope production and research center--
(A) to expand the ability of the United States to
perform multiple stable isotope production campaigns at
large-scale production, as authorized under section 311
of the Department of Energy Research and Innovation
Act;
(B) to mitigate the dependence of the United States
on foreign-produced stable isotopes;
(C) to promote economic resilience; and
(D) to conduct research and development on stable
isotope production and associated methods and
technology.
(2) Funding.--Out of funds authorized to be appropriated
under section 311(e) of the Department of Energy Research and
Innovation Act, there are authorized to be appropriated to the
Secretary to carry out this subsection--
(A) $74,400,000 for fiscal year 2023;
(B) $46,000,000 for fiscal year 2024;
(C) $31,200,000 for fiscal year 2025;
(D) $33,300,000 for fiscal year 2026; and
(E) $13,900,000 for fiscal year 2027.
SEC. 10111. INCREASED COLLABORATION WITH TEACHERS AND SCIENTISTS.
(a) In General.--The Department of Energy Research and Innovation
Act (42 U.S.C. 18601 et seq.) is amended by adding after section 311
(as added by section 10110), the following:
``SEC. 312. INCREASED COLLABORATION WITH TEACHERS AND SCIENTISTS.
``The Director shall support the development of a scientific
workforce through programs that facilitate collaboration between and
among teachers at elementary schools and secondary schools served by
local educational agencies, students at institutions of higher
education, early-career researchers, faculty at institutions of higher
education, and the National Laboratories, including through the use of
proven techniques to expand the number of individuals from
underrepresented groups pursuing and attaining skills or undergraduate
and graduate degrees relevant to the mission of the Office of
Science.''.
(b) Authorization of Appropriations.--Section 3169 of the
Department of Energy Science Education Enhancement Act (42 U.S.C.
7381e) is amended--
(1) by striking ``There are'' and inserting ``Out of funds
authorized to be appropriated for the Office of Science of the
Department of Energy in a fiscal year, there are''; and
(2) by striking ``fiscal year 1991'' and inserting ``each
of fiscal years 2023 through 2027''.
(c) Broadening Participation in Workforce Development for Teachers
and Scientists.--
(1) In general.--The Department of Energy Science Education
Enhancement Act is amended by inserting after section 3167 (42
U.S.C. 7381c-1) the following:
``SEC. 3167A. BROADENING PARTICIPATION FOR TEACHERS AND SCIENTISTS.
``(a) In General.--The Secretary shall--
``(1) expand opportunities to increase the number of highly
skilled science, technology, engineering, and mathematics
(STEM) professionals working in disciplines relevant to the
mission of the Department; and
``(2) broaden the recruitment pool to increase
participation from Historically Black Colleges or Universities
(as defined in section 3167B(f)), Hispanic-serving institutions
(as defined in that section), Tribal Colleges or Universities
(as defined in that section), minority-serving institutions (as
defined in that section), institutions in eligible
jurisdictions (as defined in that section), emerging research
institutions, community colleges, and scientific societies in
those disciplines.
``(b) Plan.--Not later than 1 year after the date of enactment of
the Research and Development, Competition, and Innovation Act, the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committees on Energy
and Natural Resources and Commerce, Science, and Transportation of the
Senate and make available to the public a plan for broadening
participation of underrepresented groups in science, technology,
engineering, and mathematics in programs supported by the Department,
including--
``(1) a plan for supporting relevant Federal research award
grantees and leveraging the National Science Foundation
INCLUDES National Network and relevant partnerships, including
partnerships maintained by other Federal research agencies;
``(2) metrics for assessing the participation of
underrepresented groups in programs supported by the
Department;
``(3) experienced and potential barriers to broadening
participation of underrepresented groups in programs supported
by the Department, including recommended solutions; and
``(4) any other activities the Secretary determines
appropriate.
``(c) Authorization of Appropriations.--Of the amounts authorized
to be appropriated under section 3169, not less than $2,000,000 is
authorized to be appropriated each fiscal year for the activities
described in this section.
``SEC. 3167B. EXPANDING OPPORTUNITIES FOR HIGHLY SKILLED SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM)
PROFESSIONALS.
``(a) In General.--The Secretary shall--
``(1) expand opportunities and increase the number of
highly skilled science, technology, engineering, and
mathematics (STEM) professionals working in disciplines
relevant to the mission of the Department; and
``(2) broaden the recruitment pool to increase
participation from and expand partnerships with Historically
Black Colleges or Universities, Hispanic serving institutions,
Tribal Colleges or Universities, minority-serving institutions,
institutions in eligible jurisdictions, emerging research
institutions, community colleges, and scientific societies in
those disciplines.
``(b) Plan and Outreach Strategy.--
``(1) Plan.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Research and Development,
Competition, and Innovation Act, the Secretary shall
submit to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a 10-year educational plan to fund and expand new or
existing programs administered by the Office of Science
and sited at the National Laboratories and Department
user facilities to expand educational and workforce
development opportunities for underrepresented
individuals, including--
``(i) high school, undergraduate, and
graduate students; and
``(ii) recent graduates, teachers, and
faculty in STEM fields.
``(B) Contents.--The plan under subparagraph (A)
may include paid internships, fellowships, temporary
employment, training programs, visiting student and
faculty programs, sabbaticals, and research support.
``(2) Outreach capacity.--The Secretary shall include in
the plan under paragraph (1) an outreach strategy to improve
the advertising, recruitment, and promotion of educational and
workforce development programs to community colleges,
Historically Black Colleges or Universities, Hispanic-serving
institutions, Tribal Colleges or Universities, minority-serving
institutions, institutions in eligible jurisdictions, and
emerging research institutions.
``(c) Building Research Capacity.--
``(1) In general.--The Secretary shall develop programs
that strengthen the research capacity relevant to Office of
Science disciplines at emerging research institutions,
including minority-serving institutions, Tribal Colleges or
Universities, Historically Black Colleges or Universities,
institutions in eligible jurisdictions (as defined in section
2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)(3)(A))), institutions in communities with dislocated
workers who were previously employed in manufacturing, energy
production, including coal power plants, and mineral and
material mining, and other institutions of higher education.
``(2) Inclusions.--The programs developed under paragraph
(1) may include--
``(A) enabling mutually beneficial and jointly
managed partnerships between research-intensive
institutions and emerging research institutions; and
``(B) soliciting research proposals, fellowships,
training programs, and research support directly from
emerging research institutions.
``(d) Traineeships.--
``(1) In general.--The Secretary shall establish a
university-led Traineeship Program to address workforce
development needs in STEM fields relevant to the Department.
``(2) Focus.--The focus of the Traineeship Program
established under paragraph (1) shall be on--
``(A) supporting workforce development and research
experiences for underrepresented undergraduate and
graduate students; and
``(B) increasing participation from
underrepresented populations.
``(3) Inclusion.--The traineeships under the Traineeship
Program established under paragraph (1) shall include
opportunities to build the next-generation workforce in
research areas critical to maintaining core competencies across
the programs of the Office of Science.
``(e) Evaluation.--
``(1) In general.--The Secretary shall establish key
performance indicators to measure and monitor progress of
education and workforce programs and expand Departmental
activities for data collection and analysis.
``(2) Report.--Not later than 2 years after the date of
enactment of the Research and Development, Competition, and
Innovation Act, and every 2 years thereafter, the Secretary
shall submit to the Committee on Science, Space, and Technology
and the Committee on Education and Labor of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Health, Education, Labor, and
Pensions of the Senate a report summarizing progress toward
meeting the key performance indicators established under
paragraph (1).
``(f) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education,
including additional locations, at which the highest
awarded degree, or the predominantly awarded degree, is
an associate degree; or
``(B) any Tribal college or university.
``(2) Dislocated worker.--The term `dislocated worker' has
the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(3) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
``(4) Historically black college or university.--The term
`Historically Black College or University' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(5) Institution in an eligible jurisdiction.--The term
`institution in an eligible jurisdiction' means an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that is located in an
eligible jurisdiction (as defined in section 2203(b)(3)(A) of
the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))).
``(6) Minority-serving institution.--The term `minority-
serving institution' includes the entities described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(7) STEM.--The term `STEM' means the subjects listed in
section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621
note; Public Law 114-59).
``(8) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).''.
(2) Clerical amendment.--The table of contents in section
2(b) of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1497) is amended by
striking the items relating to sections 3167 and 3168 and
inserting the following:
``Sec. 3167. Partnerships with historically Black colleges and
universities, Hispanic-serving
institutions, and tribal colleges.
``Sec. 3167A. Broadening participation for teachers and scientists.
``Sec. 3167B. Expanding opportunities for highly skilled science,
technology, engineering, and mathematics
(STEM) professionals.
``Sec. 3168. Definitions.
``Sec. 3169. Authorization of appropriations.''.
SEC. 10112. HIGH INTENSITY LASER RESEARCH INITIATIVE; HELIUM
CONSERVATION PROGRAM; OFFICE OF SCIENCE EMERGING
BIOLOGICAL THREAT PREPAREDNESS RESEARCH INITIATIVE;
MIDSCALE INSTRUMENTATION AND RESEARCH EQUIPMENT PROGRAM;
AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The Department of Energy Research and Innovation
Act (42 U.S.C. 18601 et seq.) (as amended by section 10111(a)) is
amended by adding at the end the following:
``SEC. 313. HIGH INTENSITY LASER RESEARCH INITIATIVE.
``(a) In General.--The Director shall establish a high intensity
laser research initiative consistent with the recommendations of the
National Academies report entitled `Opportunities in Intense Ultrafast
Lasers: Reaching for the Brightest Light' and the report from the
Brightest Light Initiative workshop entitled `The Future of Intense
Ultrafast Lasers in the U.S.'. The initiative should include research
and development of petawatt-scale and of high average power laser
technologies necessary for future facility needs in discovery science
and to advance energy technologies, as well as support for a user
network of academic and National Laboratory high intensity laser
facilities.
``(b) Leverage.--The Director shall leverage new laser technologies
for more compact, less complex, and low-cost accelerator systems needed
for science applications.
``(c) Coordination.--
``(1) Director.--The Director shall coordinate the
initiative established under subsection (a) among all relevant
programs within the Office of Science.
``(2) Under secretary.--The Under Secretary for Science
shall coordinate the initiative established under subsection
(a) with other relevant programs within the Department and
other Federal agencies.
``(d) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there are
authorized to be appropriated to the Secretary to carry out the
activities described in this section--
``(1) $50,000,000 for fiscal year 2023;
``(2) $100,000,000 for fiscal year 2024;
``(3) $150,000,000 for fiscal year 2025;
``(4) $200,000,000 for fiscal year 2026; and
``(5) $250,000,000 for fiscal year 2027.
``SEC. 314. HELIUM CONSERVATION PROGRAM.
``(a) In General.--The Secretary shall establish a program to
reduce the consumption of helium for Department grant recipients and
facilities and encourage helium recycling and reuse. The program shall
competitively award grants for--
``(1) the purchase of equipment to capture, reuse, and
recycle helium;
``(2) the installation, maintenance, and repair of new and
existing helium capture, reuse, and recycling equipment; and
``(3) helium alternatives research and development
activities.
``(b) Report.--Not later than 2 years after the date of enactment
of the Research and Development, Competition, and Innovation Act, and
every 3 years thereafter, the Director shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
purchase of helium as part of research projects and facilities
supported by the Department. The report shall include--
``(1) the quantity of helium purchased for projects and
facilities supported by Department grants;
``(2) a cost-analysis for such helium;
``(3) to the maximum extent practicable, information on
whether such helium was imported from outside the United
States, and if available, the country or region of the world
from which the helium was imported;
``(4) expected or experienced impacts of helium supply
shortages or prices on the research projects and facilities
supported by the Department; and
``(5) recommendations for reducing Department grant
recipients' exposure to volatile helium prices and supply
shortages.
``(c) Coordination.--In carrying out the program under this
section, the Director shall coordinate with the National Science
Foundation and other relevant Federal agencies on helium conservation
activities.
``(d) Duration.--The program established under this section shall
receive support for a period of not more than 5 years, subject to the
availability of appropriations.
``(e) Renewal.--Upon expiration of any period of support of the
program under this section, the Director may renew support for the
program for a period of not more than 5 years.
``SEC. 315. OFFICE OF SCIENCE BIOLOGICAL THREAT PREPAREDNESS RESEARCH
INITIATIVE.
``(a) In General.--The Secretary shall establish within the Office
of Science a cross-cutting research initiative, to be known as the
`Biological Threat Preparedness Research Initiative', to leverage the
innovative analytical resources and tools, user facilities, and
advanced computational and networking capabilities of the Department in
order to support efforts that prevent, prepare for, predict, and
respond to biological threats to national security, including
infectious diseases.
``(b) Competitive, Merit-reviewed Process.--The Secretary shall
carry out the initiative established under subsection (a) through a
competitive, merit-reviewed process, and consider applications from
National Laboratories, institutions of higher education, multi-
institutional collaborations, industry partners and other appropriate
entities.
``(c) Activities.--In carrying out the initiative established under
subsection (a), the Secretary shall--
``(1) determine a comprehensive set of technical milestones
for the research activities described in that subsection;
``(2) prioritize the objectives of--
``(A) supporting fundamental research and
development in advanced analytics, experimental
studies, materials synthesis, and high-performance
computing technologies needed in order to more quickly
and effectively characterize, model, simulate, and
predict complex natural phenomena and biological
materials related to emerging biological threats;
``(B) supporting the development of tools that
inform epidemiological modeling, and applying
artificial intelligence, machine learning, and other
computing tools to accelerate such processes;
``(C) supporting research and capabilities that
enhance understanding and modeling of the transport of
pathogens in indoor and outdoor air and water
environments;
``(D) identifying priority research opportunities
and capabilities for molecular design and modeling for
medical countermeasures;
``(E) ensuring that new experimental and
computational tools are accessible to relevant research
communities, including private sector entities and
other Federal research institutions; and
``(F) supporting activities and projects that
combine computational modeling and simulation with
experimental research facilities and studies;
``(3) leverage the research infrastructure of the
Department, including scientific computing user facilities, x-
ray light sources, neutron scattering facilities, nanoscale
science research centers, and sequencing and
biocharacterization facilities;
``(4) leverage experience from existing modeling and
simulation research and work sponsored by the Department and
promote collaboration and data sharing between National
Laboratories, research entities, and user facilities of the
Department by providing necessary access and secure data
transfer capabilities; and
``(5) ensure that new experimental and computational tools
are accessible to relevant research communities, including
private sector entities, to address emerging biological
threats.
``(d) Coordination.--In carrying out the initiative established
under subsection (a), the Secretary shall coordinate activities with--
``(1) other relevant offices of the Department;
``(2) the National Nuclear Security Administration;
``(3) the National Laboratories;
``(4) the Director of the National Science Foundation;
``(5) the Director of the Centers for Disease Control and
Prevention;
``(6) the Director of the National Institutes of Health;
``(7) the Assistant Secretary for Preparedness and
Response;
``(8) the heads of other relevant Federal agencies;
``(9) institutions of higher education; and
``(10) the private sector.
``(e) Infectious Diseases High Performance Computing Research
Consortium.--
``(1) In general.--The Secretary, in coordination with the
Director of the National Science Foundation and the Director of
the Office of Science and Technology Policy, shall establish
and operate an Emerging Infectious Diseases High Performance
Computing Research Consortium (referred to in this section as
the `Consortium'), to support the initiative established under
subsection (a) by providing, to the extent practicable, a
centralized entity for multidisciplinary, collaborative,
emerging infectious disease and biosecurity research and
development through high performance computing and advanced
data analytics technologies and processes, in conjunction with
the experimental research facilities and studies supported by
the Department.
``(2) Membership.--The members of the Consortium may
include representatives from relevant Federal agencies, the
National Laboratories, the private sector, and institutions of
higher education, which can each contribute relevant compute
time, capabilities, or other resources.
``(3) Activities.--The Consortium shall--
``(A) match applicants with available Federal and
private sector computing resources;
``(B) consider supplemental awards for computing
partnerships with Consortium members to qualifying
entities on a competitive merit-review basis;
``(C) encourage collaboration and communication
among member representatives of the Consortium and
awardees;
``(D) provide access to the high-performance
computing capabilities, expertise, and user facilities
of the Department and the National Laboratories; and
``(E) submit an annual report to the Secretary
summarizing the activities of the Consortium,
including--
``(i) describing each project undertaken by
the Consortium;
``(ii) detailing organizational
expenditures; and
``(iii) evaluating contributions to the
achievement of technical milestones as
determined in subsection (a).
``(4) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of the Consortium with the activities of other
research entities of the Department, other Federal research
institutions, institutions of higher education, and the private
sector.
``(f) Report.--Not later than 2 years after the date of enactment
of the Research and Development, Competition, and Innovation Act, the
Secretary shall submit to the Committee on Science, Space, and
Technology and the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Energy and Natural Resources, the
Committee on Commerce, Science, and Transportation, and the Committee
on Health, Education, Labor, and Pensions of the Senate, a report
detailing the effectiveness of--
``(1) the interagency coordination among each Federal
agency involved in the initiative established under subsection
(a);
``(2) the collaborative research achievements of that
initiative, including the achievement of the technical
milestones determined under that subsection; and
``(3) potential opportunities to expand the technical
capabilities of the Department.
``(g) Funding.--Out of funds authorized to be appropriated for the
Office of Science in a fiscal year, there is authorized to be
appropriated to the Secretary to carry out the activities under this
section $50,000,000 for each of fiscal years 2023 through 2027.
``SEC. 316. MIDSCALE INSTRUMENTATION AND RESEARCH EQUIPMENT PROGRAM.
``(a) In General.--The Director shall establish a midscale
instrumentation and research equipment program to develop, acquire, and
commercialize research instrumentation and equipment needed to meet the
missions of the Department and to provide platform technologies for the
broader scientific community.
``(b) Activities.--Under the program established under subsection
(a), the Director shall--
``(1) enable the development and acquisition of novel,
state-of-the-art instruments that--
``(A) range in cost from $1,000,000 to $20,000,000
each; and
``(B) would significantly accelerate scientific
breakthroughs at user facilities; and
``(2) strongly encourage partnerships among--
``(A) National Laboratories;
``(B) user facilities; and
``(C)(i) institutions in a State receiving funding
under the Established Program to Stimulate Competitive
Research established under section 2203(b)(3) of the
Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3));
``(ii) historically Black colleges or universities;
``(iii) minority-serving institutions of higher
education; or
``(iv) institutions of higher education in a rural
area.
``(c) Coordination With Other Programs.--The Director shall
coordinate the program established under subsection (a) with all other
programs carried out by the Office of Science of the Department.
``(d) Research Equipment and Technology Development Coordination.--
The Director shall encourage coordination among the Office of Science,
the National Laboratories, the Office of Technology Transitions, and
relevant academic and private sector entities to identify, disseminate,
and commercialize research instruments, equipment, and related
technologies developed to aid basic science research discoveries that
meet the mission of the Department.
``(e) Authorization of Appropriations.--Out of funds authorized to
be appropriated for the Office of Science in a fiscal year, there is
authorized to be appropriated to carry out this section $150,000,000
for each of fiscals years 2023 through 2027.
``SEC. 317. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out the activities described in this title--
``(1) $8,902,392,400 for fiscal year 2023;
``(2) $9,541,895,744 for fiscal year 2024;
``(3) $10,068,198,994 for fiscal year 2025;
``(4) $10,468,916,520 for fiscal year 2026; and
``(5) $10,831,342,317 for fiscal year 2027.''.
(b) Table of Contents.--Section 1(b) of the Department of Energy
Research and Innovation Act is amended in the table of contents by
inserting after the item relating to section 309 the following:
``Sec. 310. Accelerator research and development.
``Sec. 311. Isotope research, development, and production.
``Sec. 312. Increased collaboration with teachers and scientists.
``Sec. 313. High intensity laser research initiative.
``Sec. 314. Helium conservation program.
``Sec. 315. Office of Science Biological Threat Preparedness Research
Initiative.
``Sec. 316. Midscale instrumentation and research equipment program.
``Sec. 317. Authorization of appropriations.''.
SEC. 10113. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) Research Areas.--Section 2203(b)(3)(E) of the Energy Policy Act
of 1992 (42 U.S.C. 13503(b)(3)(E)) is amended--
(1) in the subparagraph heading, by striking ``in areas of
applied energy research, environmental management, and basic
science'';
(2) in clause (i)--
(A) in subclause (I), by inserting ``nuclear
energy,'' before ``and''; and
(B) by striking subclause (V) and inserting the
following:
``(V) scientific research,
including--
``(aa) advanced scientific
computing research;
``(bb) basic energy
sciences;
``(cc) biological and
environmental research;
``(dd) fusion energy
sciences;
``(ee) high energy physics;
``(ff) nuclear physics;
``(gg) isotope research,
development, and production;
``(hh) accelerator
research, development, and
production; and
``(ii) other areas of
research funded by the Office
of Science, as determined by
the Secretary.''; and
(3) in clause (ii)--
(A) in subclause (II), by striking ``graduate'' and
inserting ``undergraduate scholarships, graduate
fellowships, and'';
(B) in subclause (III), by striking ``; and'' and
inserting ``and staff;'';
(C) in subclause (IV)--
(i) by striking ``biennial'' and inserting
``annual''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(V) to develop research clusters
for particular areas of expertise; and
``(VI) to diversify the future
workforce.''.
(b) Research Capability Enhancement.--Section 2203(b)(3) of the
Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)) is amended by
striking subparagraph (F) and inserting the following:
``(F) Research capability enhancement.--
``(i) Scholarships and fellowships.--
``(I) In general.--Pursuant to
subparagraph (E)(ii), the Secretary
shall award grants to institutions of
higher education in eligible
jurisdictions for those institutions of
higher education to provide
scholarships and fellowships.
``(II) Grant.--A scholarship or
fellowship awarded by an institution of
higher education in an eligible
jurisdiction using a grant provided
under subclause (I)--
``(aa) in the case of an
undergraduate scholarship--
``(AA) shall be for
a period of 1 year; and
``(BB) may be
competitively renewable
on an annual basis; and
``(bb) in the case of a
graduate level fellowship,
shall be for a period of not
more than 5 years.
``(ii) Early career capacity development.--
``(I) In general.--Pursuant to
subparagraph (E)(ii), the Secretary
shall award grants to early career
faculty and staff at institutions of
higher education in eligible
jurisdictions--
``(aa) to support
investigator-initiated
research, including associated
research equipment and
instrumentation;
``(bb) to support
activities associated with
identifying and responding to
funding opportunities;
``(cc) to secure technical
assistance for the pursuit of
funding opportunities; and
``(dd) to develop and
enhance collaboration among
National Laboratories,
Department of Energy programs,
the private sector, and other
relevant entities.
``(II) Grants.--A grant awarded
under subclause (I) shall be--
``(aa) for a period of not
more than 5 years; and
``(bb) competitively
renewable for an additional 5-
year period.
``(iii) Research capacity development.--
``(I) In general.--Pursuant to
subparagraph (E)(ii), the Secretary
shall award competitive grants to
institutions of higher education in
eligible jurisdictions for research
capacity development and
implementation, including--
``(aa) developing expertise
in key technology areas,
including associated equipment
and instrumentation;
``(bb) developing and
acquiring novel, state-of-the-
art instruments and equipment
that range in cost from
$500,000 to $20,000,000;
``(cc) enhancing
collaboration with National
Laboratories, the Department of
Energy, and the private sector
through faculty or staff
placement programs; and
``(dd) supporting formal
partnership programs with
institutions of higher
education and National
Laboratories.
``(II) Grants.--A grant awarded
under subclause (I) shall be--
``(aa) for a period of not
more than 5 years; and
``(bb) renewable for an
additional 5-year period.
``(III) Equipment and
instrumentation.--To the maximum extent
practicable, the Secretary shall ensure
that research equipment and
instrumentation developed or acquired
pursuant to a grant awarded under
subclause (I) may sustain continued
operation and be maintained without the
need for additional or subsequent
funding under this section.''.
(c) Program Implementation Update.--Section 2203(b)(3)(G) of the
Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(G)) is amended by
adding at the end the following:
``(iii) Update.--Not later than 270 days
after the date of enactment of the Research and
Development, Competition, and Innovation Act,
the Secretary shall--
``(I) update the plan submitted
under clause (i); and
``(II) submit the updated plan to
the committees described in that
clause.''.
(d) Program Evaluation Report.--Section 2203(b)(3)(H) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(b)(3)(H)) is amended by adding at
the end the following:
``(iv) Annual report.--At the end of each
fiscal year, the Secretary shall submit to the
Committee on Energy and Natural Resources and
the Committee on Appropriations of the Senate
and the Committee on Energy and Commerce and
the Committee on Appropriations of the House of
Representatives a report that includes--
``(I) the total amount of
expenditures made by the Department to
carry out EPSCoR in each eligible
jurisdiction for each of the 3 most
recent fiscal years for which such
information is available;
``(II)(aa) the number of EPSCoR
awards made to institutions of higher
education located in eligible
jurisdictions; and
``(bb) the amount and type of each
award;
``(III) the number of awards that
are not EPSCoR awards made by the
Secretary to institutions of higher
education located in eligible
jurisdictions;
``(IV)(aa) the number of
representatives of institutions of
higher education in eligible
jurisdictions serving on each Office of
Science advisory committee; and
``(bb) for each such advisory
committee, the percentage of committee
membership that those individuals
constitute; and
``(V) the number of individuals
from institutions of higher education
in eligible jurisdictions serving on
peer review committees.''.
(e) Funding.--Section 2203(b)(3) of the Energy Policy Act of 1992
(42 U.S.C. 13503(b)(3)) is amended by adding at the end the following:
``(I) Funding.--
``(i) Authorization of appropriations.--
There are authorized to be appropriated to the
Secretary to carry out EPSCoR, to remain
available until expended--
``(I) $50,000,000 for fiscal year
2023;
``(II) $50,000,000 for fiscal year
2024;
``(III) $75,000,000 for fiscal year
2025;
``(IV) $100,000,000 for fiscal year
2026; and
``(V) $100,000,000 for fiscal year
2027.
``(ii) Grants to consortia.--In the case of
an EPSCoR grant awarded to a consortium that
contains institutions of higher education that
are not located in eligible jurisdictions, the
Secretary may count--
``(I) the full amount of funds
expended to provide the grant towards
meeting the funding requirement in
clause (iii) if the lead entity of the
consortium is an institution of higher
education located in an eligible
jurisdiction; and
``(II) only the funds provided to
institutions of higher education
located in eligible jurisdictions
towards meeting the funding requirement
in clause (iii) if the lead entity of
the consortium is an institution of
higher education that is not located in
an eligible jurisdiction.
``(iii) Additional funds for eligible
jurisdictions.--In addition to funds authorized
to be appropriated under clause (i), the
Secretary, to the maximum extent practicable
while maintaining the competitive, merit-based
award processes of the Office of Science, shall
ensure that, of the research and development
funds of the Office of Science that are awarded
by the Secretary each year to institutions of
higher education, not less than 10 percent is
awarded to institutions of higher education in
eligible jurisdictions pursuant to the
evaluation and selection criteria in section
605.10 of title 10, Code of Federal Regulations
(or successor regulations).
``(iv) Additional funds for equipment and
instrumentation.--In addition to funds
authorized to be appropriated under clause (i),
there is authorized to be appropriated to the
Secretary to award grants under subparagraph
(F)(iii)(I) for the purpose described in item
(bb) of that subparagraph $25,000,000 for each
of fiscal years 2023 through 2027, to remain
available until expended.
``(v) Accounting.--To the maximum extent
practicable, the Secretary shall ensure that
each program within the Department of Energy
that endorses an EPSCoR grant awardee shall
contribute funding to the award to acknowledge
the research benefits to the mission of that
program.''.
(f) Advisory Committees to the Office of Science.--In order to
improve the advice and guidance provided to the Office of Science, the
Undersecretary for Science shall seek to ensure, to the maximum extent
practicable, the robust participation of institutions of higher
education (as defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) located in eligible jurisdictions (as defined in
section 2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)(3)(A))) on the Office of Science Federal Advisory Committee.
(g) Technical Amendments.--Section 2203(b) of the Energy Policy Act
of 1992 (42 U.S.C. 13503(b)) is amended--
(1) in paragraph (1), by striking ``(1) The Secretary'' and
inserting the following:
``(1) University research reactors.--The Secretary''; and
(2) in paragraph (2), by striking ``(2) The Secretary'' and
inserting the following:
``(2) Method to evaluate effectiveness of education
programs.--The Secretary''.
SEC. 10114. RESEARCH SECURITY.
(a) Definitions.--In this section:
(1) Country of risk.--
(A) In general.--The term ``country of risk'' means
a foreign country determined by the Secretary, in
accordance with subparagraph (B), to present a risk of
theft of United States intellectual property or a
threat to the national security of the United States if
nationals of the country, or entities owned or
controlled by the country or nationals of the country,
participate in any research, development,
demonstration, or deployment activity authorized under
this division or division A or an amendment made by
this division or division A.
(B) Determination.--In making a determination under
subparagraph (A), the Secretary, in coordination with
the Director of the Office of Intelligence and
Counterintelligence, shall take into consideration--
(i) the most recent World Wide Threat
Assessment of the United States Intelligence
Community, prepared by the Director of National
Intelligence; and
(ii) the most recent National
Counterintelligence Strategy of the United
States.
(2) Covered support.--The term ``covered support'' means
any grant, contract, subcontract, award, loan, program,
support, or other activity authorized under this division or
division A, or an amendment made by this division or division
A.
(3) Entity of concern.--The term ``entity of concern''
means any entity, including a national, that is--
(A) identified under section 1237(b) of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (50 U.S.C. 1701 note; Public Law 105-261);
(B) identified under section 1260H of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law
116-283);
(C) on the Entity List maintained by the Bureau of
Industry and Security of the Department of Commerce and
set forth in Supplement No. 4 to part 744 of title 15,
Code of Federal Regulations;
(D) included in the list required by section
9(b)(3) of the Uyghur Human Rights Policy Act of 2020
(Public Law 116-145; 134 Stat. 656); or
(E) identified by the Secretary, in coordination
with the Director of the Office of Intelligence and
Counterintelligence and the applicable office that
would provide, or is providing, covered support, as
posing an unmanageable threat--
(i) to the national security of the United
States; or
(ii) of theft or loss of United States
intellectual property.
(4) National.--The term ``national'' has the meaning given
the term in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Science and Technology Risk Assessment.--
(1) In general.--The Secretary shall develop and maintain
tools and processes to manage and mitigate research security
risks, such as a science and technology risk matrix, informed
by threats identified by the Director of the Office of
Intelligence and Counterintelligence, to facilitate
determinations of the risk of loss of United States
intellectual property or threat to the national security of the
United States posed by activities carried out under any covered
support.
(2) Content and implementation.--In developing and using
the tools and processes developed under paragraph (1), the
Secretary shall--
(A) deploy risk-based approaches to evaluating,
awarding, and managing certain research, development,
demonstration, and deployment activities, including
designations that will indicate the relative risk of
activities;
(B) assess, to the extent practicable, ongoing
high-risk activities;
(C) designate an officer or employee of the
Department of Energy to be responsible for tracking and
notifying recipients of any covered support of
unmanageable threats to United States national security
or of theft or loss of United States intellectual
property posed by an entity of concern;
(D) consider requiring recipients of covered
support to implement additional research security
mitigations for higher-risk activities if appropriate;
and
(E) support the development of research security
training for recipients of covered support on the risks
posed by entities of concern.
(3) Annual updates.--The tools and processes developed
under paragraph (1) shall be evaluated annually and updated as
needed, with threat-informed input from the Office of
Intelligence and Counterintelligence, to reflect changes in the
risk designation under paragraph (2)(A) of research,
development, demonstration, and deployment activities conducted
by the Department.
(c) Entity of Concern.--
(1) Prohibition.--Except as provided in paragraph (2), no
entity of concern, or individual that owns or controls, is
owned or controlled by, or is under common ownership or control
with an entity of concern, may receive, or perform work under,
any covered support.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the
prohibition under paragraph (1) if determined by the
Secretary to be in the national interest.
(B) Notification to congress.--Not less than 2
weeks prior to issuing a waiver under subparagraph (A),
the Secretary shall notify the Committee on Energy and
Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives of the intent to issue the waiver,
including a justification for the waiver.
(3) Penalty.--
(A) Termination of support.--On finding that any
entity of concern or individual described in paragraph
(1) has received covered support and has not received a
waiver under paragraph (2), the Secretary shall
terminate all covered support to that entity of concern
or individual, as applicable.
(B) Penalties.--An entity of concern or individual
identified under subparagraph (A) shall be--
(i) prohibited from receiving or
participating in covered support for a period
of not less than 1 year but not more than 10
years, as determined by the Secretary; or
(ii) instead of the penalty described in
clause (i), subject to any other penalties
authorized under applicable law or regulations
that the Secretary determines to be in the
national interest.
(C) Notification to congress.--Prior to imposing a
penalty under subparagraph (B), the Secretary shall
notify the Committee on Energy and Natural Resources of
the Senate and the Committee on Science, Space, and
Technology of the House of Representatives of the
intent to impose the penalty, including a description
of and justification for the penalty.
(4) Coordination.--The Secretary shall--
(A) share information about the unmanageable
threats described in subsection (a)(3)(E) with other
Federal agencies; and
(B) develop consistent approaches to identifying
entities of concern.
(d) International Agreements.--This section shall be applied in a
manner consistent with the obligations of the United States under
international agreements.
(e) Report Required.--Not later than 240 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that--
(1) describes--
(A) the tools and processes developed under
subsection (b)(1) and any updates to those tools and
processes; and
(B) if applicable, the science and technology risk
matrix developed under that subsection and how that
matrix has been applied;
(2) includes a mitigation plan for managing risks posed by
countries of risk with respect to future or ongoing research
and development activities of the Department of Energy; and
(3) defines critical research areas, designated by risk, as
determined by the Secretary.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
SEC. 10201. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Enrollment of needy students.--The term ``enrollment of
needy students'' has the meaning given the term in section
312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)).
(3) Framework.--The term ``Framework'' means the Framework
for Improving Critical Infrastructure Cybersecurity developed
by the National Institute of Standards and Technology and
referred to in Executive Order No. 13800 issued on May 11, 2017
(82 Fed. Reg. 22391 et seq.).
(4) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(5) International standards organization.--The term
``international standards organization'' has the meaning given
such term in section 451 of the Trade Agreements Act of 1979
(19 U.S.C. 2571).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
Subtitle A--Authorization of Appropriations
SEC. 10211. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,551,450,000 for the National
Institute of Standards and Technology for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $979,100,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction
and maintenance of facilities, of which $80,000,000 is
authorized to be appropriated for Safety, Capacity,
Maintenance, and Major Repairs; and
(C) $372,350,000 is authorized for industrial
technology services activities, of which $275,300,000
is authorized to be appropriated for the Manufacturing
Extension Partnership program under sections 25, 25A,
and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k, 278k-1, and 278l) (of
which $31,000,000 is authorized to establish the
National Supply Chain Database under section 10253) and
$97,050,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the
National Institute of Standards and Technology Act (15
U.S.C. 278s).
(b) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,651,600,000 for the National
Institute of Standards and Technology for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,047,600,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction
and maintenance of facilities, of which $80,000,000 is
authorized to be appropriated for Safety, Capacity,
Maintenance, and Major Repairs, including $20,000,000
for IT infrastructure; and
(C) $404,000,000 is authorized for industrial
technology services activities, of which $300,000,000
is authorized to be appropriated for the Manufacturing
Extension Partnership program under sections 25, 25A,
and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k, 278k-1, and 278l) (of
which $26,000,000 is authorized to maintain, update,
and support Federal coordination of State supply chain
databases maintained by the Centers (as such term is
defined in such section 25 of such Act)) and
$104,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the
National Institute of Standards and Technology Act (15
U.S.C. 278s).
(c) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $2,039,900,000 for the National
Institute of Standards and Technology for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,120,900,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction
and maintenance of facilities, of which $80,000,000 is
authorized to be appropriated for Safety, Capacity,
Maintenance, and Major Repairs, including $20,000,000
for IT infrastructure; and
(C) $719,000,000 is authorized for industrial
technology services activities, of which $550,000,000
is authorized to be appropriated for the Manufacturing
Extension Partnership program under sections 25, 25A,
and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k, 278k-1, and 278l) (of
which $26,000,000 is authorized to maintain, update,
and support Federal coordination of State supply chain
databases maintained by the Centers (as such term is
defined in such section 25 of such Act)) and
$169,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the
National Institute of Standards and Technology Act (15
U.S.C. 278s).
(d) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $2,158,400,000 for the National
Institute of Standards and Technology for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,199,400,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction
and maintenance of facilities, of which $80,000,000 is
authorized to be appropriated for Safety, Capacity,
Maintenance, and Major Repairs, including $20,000,000
for IT infrastructure; and
(C) $759,000,000 is authorized for industrial
technology services activities, of which $550,000,000
is authorized to be appropriated for the Manufacturing
Extension Partnership program under sections 25, 25A,
and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k, 278k-1, and 278l) (of
which $26,000,000 is authorized to maintain, update,
and support Federal coordination of State supply chain
databases maintained by the Centers (as such term is
defined in such section 25 of such Act)) and
$209,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the
National Institute of Standards and Technology Act (15
U.S.C. 278s).
(e) Fiscal Year 2027.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $2,283,360,000 for the National
Institute of Standards and Technology for fiscal year 2027.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,283,360,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction
and maintenance of facilities, of which $80,000,000 is
authorized to be appropriated for Safety, Capacity,
Maintenance, and Major Repairs, including $20,000,000
for IT infrastructure; and
(C) $800,000,000 is authorized for industrial
technology services activities, of which $550,000,000
is authorized to be appropriated for the Manufacturing
Extension Partnership program under sections 25, 25A,
and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k, 278k-1, and 23 278l)
(of which $26,000,000 is authorized to maintain,
update, and support Federal coordination of State
supply chain databases maintained by the Centers (as
such term is defined in such section 25 of such Act))
and $250,000,000 is authorized to be appropriated for
the Manufacturing USA Program under section 34 of the
National Institute of Standards and Technology Act (15
U.S.C. 278s).
Subtitle B--Measurement Research
SEC. 10221. ENGINEERING BIOLOGY AND BIOMETROLOGY.
(a) In General.--The Director, in coordination with the National
Engineering Biology Research and Development Initiative established
pursuant to title IV, shall--
(1) support basic measurement science and technology
research for engineering biology, biomanufacturing, and
biometrology to advance--
(A) measurement technologies to support
foundational understanding of the mechanisms of
conversion of DNA information into cellular function;
(B) technologies for measurement of such
biomolecular components and related systems;
(C) new data tools, techniques, and processes to
improve engineering biology, biomanufacturing, and
biometrology research; and
(D) other areas of measurement science and
technology research determined by the Director to be
critical to the development and deployment of
engineering biology, biomanufacturing and biometrology;
(2) support activities to inform and expand the development
of measurements infrastructure needed to develop technical
standards to establish interoperability and facilitate
commercial development of biomolecular measurement technology
and engineering biology applications;
(3) convene industry, institutions of higher education,
nonprofit organizations, Federal laboratories, and other
Federal agencies engaged in engineering biology research and
development to develop coordinated technical roadmaps for
authoritative measurement of the molecular components of the
cell;
(4) provide access to user facilities with advanced or
unique equipment, services, materials, and other resources to
industry, institutions of higher education, nonprofit
organizations, and government agencies to perform research and
testing;
(5) establish or expand collaborative partnerships or
consortia with other Federal agencies engaged in engineering
biology research and development, institutions of higher
education, Federal laboratories, and industry to advance
engineering biology applications; and
(6) support graduate and postgraduate research and training
in biometrology, biomanufacturing, and engineering biology.
(b) Rule of Construction.--Nothing in this section may be construed
to alter the policies, processes, or practices of individual Federal
agencies in effect on the day before the date of the enactment of this
Act relating to the conduct or support of biomedical research and
advanced development, including the solicitation and review of
extramural research proposals.
(c) Controls.--In carrying out activities authorized by this
section, the Secretary shall ensure proper security controls are in
place to protect sensitive information, as appropriate.
SEC. 10222. GREENHOUSE GAS MEASUREMENT RESEARCH.
(a) In General.--The Director, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
the Administrator of the Environmental Protection Agency, the National
Aeronautics and Space Administration, the Director of the National
Science Foundation, the Secretary of Energy, and the heads of other
Federal agencies, as appropriate, shall carry out a measurement
research program to inform the development or improvement of best
practices, benchmarks, methodologies, procedures, and technical
standards for the measurement of greenhouse gas emissions and to assess
and improve the performance of greenhouse gas emissions measurement
systems placed in situ and on space-based platforms.
(b) Activities.--In carrying out such a program, the Director may--
(1) conduct research and testing to improve the accuracy,
efficacy, and reliability of the measurement of greenhouse gas
emissions at a range of scales that covers direct measurement
at the component or process level through atmospheric
observations;
(2) conduct research to create novel measurement
technologies and techniques for the measurement of greenhouse
gas emissions;
(3) convene and engage with relevant Federal agencies and
stakeholders to establish common definitions and
characterizations for the measurement of greenhouse gas
emissions, taking into account any existing United States and
international technical standards and guidance;
(4) conduct outreach and coordination to share technical
expertise with relevant industry and nonindustry stakeholders
and standards development organizations to--
(A) assist such entities in the development and
adoption of best practices and technical standards for
greenhouse gas emissions measurements; and
(B) promote consistency and traceability in
international reference standards and central
calibration laboratories;
(5) in coordination with the Administrator of the National
Oceanic and Atmospheric Administration, the Administrator of
the Environmental Protection Agency, and the Secretary of
Energy, develop such standard reference materials as the
Director determines is necessary to further the development of
such technical standards, taking into account any existing
United States or international standards;
(6) coordinate with the National Oceanic and Atmospheric
Administration to ensure data are managed, stewarded, and
archived at all levels and promote full and open exchange at
Federal and State levels, and with academia, industry, and
other users; and
(7) coordinate with international partners, including
international standards organizations, to maintain global
greenhouse gas measurement technical standards.
(c) Testbeds.--In coordination with the private sector,
institutions of higher education, State and local governments, the
National Oceanic and Atmospheric Administration, the Environmental
Protection Agency, the Department of Energy, and other Federal
agencies, as appropriate, the Director may continue to develop and
manage testbeds to advance research and standards development for
greenhouse gas emissions measurements from in situ and space-based
platforms.
(d) Center for Greenhouse Gas Measurements, Standards, and
Information.--
(1) In general.--The Director, in collaboration with the
Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Environmental
Protection Agency, and the heads of other Federal agencies, as
appropriate, shall establish a Center for Greenhouse Gas
Measurements, Standards, and Information (in this subsection
referred to as the ``Center'').
(2) Collaborations.--The Director shall require that the
activities of the Center include collaboration among public and
private organizations, including institutions of higher
education, nonprofit organizations, private sector entities,
and State, Tribal, territorial, and local officials.
(3) Purpose.--The purpose of the Center shall be to--
(A) advance measurement science, data analytics,
and modeling at a range of scales that covers direct
measurement and estimation at the component or process
level through atmospheric observations and at the
analysis level to improve the accuracy of spatially and
temporally resolved greenhouse gas emissions
measurement, validation, and attribution to specific
underlying activities and processes;
(B) test and evaluate the performance of existing
capabilities, and inform and improve best practices,
benchmarks, methodologies, procedures, and technical
standards, for the measurement and validation of
greenhouse gas emissions at scales noted in
subparagraph (A);
(C) educate and train students in measurement
science, computational science, and systems engineering
research relevant to greenhouse gas emissions
measurements;
(D) foster collaboration among academic
researchers, private sector stakeholders, and State,
Tribal, territorial, and local officials in the use of
Institute testbeds as described in subsection (c);
(E) conduct activities with research institutions,
industry partners, and State and local officials to
identify research, testing, and technical standards
needs relevant to greenhouse gas emissions; and
(F) collaborate with other Federal agencies to
conduct outreach and coordination to share and promote
technical data, tools, and expertise with relevant
public and private sector stakeholders, including
State, Tribal, territorial, and local officials, to
assist such in the accurate measurement of greenhouse
gas emissions.
SEC. 10223. NIST AUTHORITY FOR CYBERSECURITY AND PRIVACY ACTIVITIES.
Subsection (c) of section 2 of the National Institute of Standards
and Technology Act (15 U.S.C. 272) is amended--
(1) in paragraph (16), by striking the period at the end
and inserting a semicolon;
(2) by redesignating paragraphs (16) through (27) as
paragraphs (21) through (32), respectively; and
(3) by inserting after paragraph (15) the following:
``(16) support information security measures for the
development and lifecycle of software and the software supply
chain, including development of voluntary, consensus-based
technical standards, best practices, frameworks, methodologies,
procedures, processes, and software engineering toolkits and
configurations;
``(17) support information security measures, including
voluntary, consensus-based technical standards, best practices,
and guidelines, for the design, adoption, and deployment of
cloud computing services;
``(18) support research, development, and practical
application to improve the usability of cybersecurity processes
and technologies;
``(19) facilitate and support the development of a
voluntary, consensus-based set of technical standards,
guidelines, best practices, methodologies, procedures, and
processes to improve privacy protections in systems,
technologies, and processes used by both the public and private
sector;
``(20) support privacy measures, including voluntary,
consensus-based technical standards, best practices,
guidelines, metrology, and testbeds for the design, adoption,
and deployment of privacy enhancing technologies;''.
SEC. 10224. SOFTWARE SECURITY AND AUTHENTICATION.
(a) Vulnerabilities in Open Source Software.--The Director shall
assign severity metrics to identified vulnerabilities with open source
software and produce voluntary guidance to assist the entities that
maintain open source software repositories to discover and mitigate
vulnerabilities.
(b) Artificial Intelligence-enabled Defenses.--The Director shall
carry out research and testing to improve the effectiveness of
artificial intelligence-enabled cybersecurity, including by generating
optimized data sets to train artificial intelligence defense systems
and evaluating the performance of varying network architectures at
strengthening network security.
(c) Authentication of Institute Software.--The Director shall
ensure all software released by the Institute is digitally signed and
maintained to enable stakeholders to verify its authenticity and
integrity upon installation and execution.
(d) Assistance to Inspectors General.--Subject to available
funding, the Director shall provide technical assistance to improve the
education and training of individual Federal agency Inspectors General
and staff who are responsible for the annual independent evaluation
they are required to perform of the information security program and
practices of Federal agencies under section 3555 of title 44, United
States Code.
(e) Software Supply Chain Security Practices.--
(1) In general.--The Director shall, in coordination with
industry, academia, and other Federal agencies, as appropriate,
develop a set of security outcomes and practices, including
security controls, control enhancements, supplemental guidance,
or other supporting information to enable software developers
and operators to identify, assess, and manage cybersecurity
risks over the full lifecycle of software products.
(2) Outreach.--The Director shall conduct outreach and
coordination activities to share technical expertise with
Federal agencies, relevant industry stakeholders, and standards
development organizations, as appropriate, to encourage the
voluntary adoption of the software lifecycle security practices
by Federal agencies and industry stakeholders.
SEC. 10225. DIGITAL IDENTITY MANAGEMENT RESEARCH.
Section 504 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7464) is amended to read as follows:
``SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.
``(a) In General.--The Director shall carry out a program of
research to support the development of voluntary, consensus-based
technical standards, best practices, benchmarks, methodologies,
metrology, testbeds, and conformance criteria for identity management,
taking into account appropriate user concerns to--
``(1) improve interoperability and portability among
identity management technologies;
``(2) strengthen identity proofing and verification methods
used in identity management systems commensurate with the level
of risk, including identity and attribute validation services
provided by Federal, State, and local governments;
``(3) improve privacy protection in identity management
systems; and
``(4) improve the accuracy, usability, and inclusivity of
identity management systems.
``(b) Digital Identity Technical Roadmap.--The Director, in
consultation with other relevant Federal agencies and stakeholders from
the private sector, shall develop and maintain a technical roadmap for
digital identity management research and development focused on
enabling the voluntary use and adoption of modern digital identity
solutions that align with the four criteria in subsection (a).
``(c) Digital Identity Management Guidance.--
``(1) In general.--The Director shall develop, and
periodically update, in collaboration with other public and
private sector organizations, common definitions and voluntary
guidance for digital identity management systems, including
identity and attribute validation services provided by Federal,
State, and local governments.
``(2) Guidance.--The Guidance shall--
``(A) align with the four criteria in subsection
(a), as practicable;
``(B) provide case studies of implementation of
guidance;
``(C) incorporate voluntary technical standards and
industry best practices; and
``(D) not prescribe or otherwise require the use of
specific technology products or services.
``(3) Consultation.--In carrying out this subsection, the
Director shall consult with--
``(A) Federal and State agencies;
``(B) industry;
``(C) potential end-users and individuals that will
use services related to digital identity verification;
and
``(D) experts with relevant experience in the
systems that enable digital identity verification, as
determined by the Director.''.
SEC. 10226. BIOMETRICS RESEARCH AND TESTING.
(a) In General.--The Secretary, acting through the Director, shall
establish a program to support measurement research to inform the
development of best practices, benchmarks, methodologies, procedures,
and voluntary, consensus-based technical standards for biometric
identification systems, including facial recognition systems, to assess
and improve the performance of such systems. In carrying out such
program, the Director may--
(1) conduct measurement research to support efforts to
improve the performance of biometric identification systems,
including in areas related to conformity assessment, image
quality and interoperability, contactless biometric capture
technologies, and human-in-the-loop biometric identification
systems and processes;
(2) convene and engage with relevant stakeholders to
establish common definitions and characterizations for
biometric identification systems, which may include accuracy,
fairness, bias, privacy, consent, and other properties, taking
into account definitions in relevant international technical
standards and other publications;
(3) carry out measurement research and testing on a range
of biometric modalities, such as fingerprints, voice, iris,
face, vein, behavioral biometrics, genetics, multimodal
biometrics, and emerging applications of biometric
identification technology;
(4) study the use of privacy-enhancing technologies and
other technical protective controls to facilitate access, as
appropriate, to public data sets for biometric research;
(5) conduct outreach and coordination to share technical
expertise with relevant industry and nonindustry stakeholders
and standards development organizations to assist such entities
in the development of best practices and voluntary technical
standards; and
(6) develop such standard reference artifacts as the
Director determines is necessary to further the development of
such voluntary technical standards.
(b) Biometrics Test Program.--
(1) In general.--The Secretary, acting through the
Director, shall carry out a test program to provide biometrics
vendors the opportunity to test biometric identification
technologies across a range of modalities.
(2) Activities.--In carrying out the program under this
subsection, the Director shall--
(A) conduct research and regular testing to improve
and benchmark the accuracy, efficacy, and bias of
biometric identification technologies, which may
include research and testing on demographic variations,
capture devices, presentation attack detection,
partially occluded or computer generated images,
privacy and security designs and controls, template
protection, de-identification, and comparison of
algorithm, human, and combined algorithm-human
recognition capability;
(B) develop an approach for testing software and
cloud-based biometrics applications, including remote
systems, in Institute test facilities;
(C) establish reference use cases for biometric
identification technologies and performance criteria
for assessing each use case, including accuracy,
efficacy, and bias metrics;
(D) produce public-facing reports of the findings
from such testing for a general audience;
(E) develop policies and procedures accounting for
the legal and social implications of activities under
this paragraph when working with a foreign entity of
concern (as such term is defined in section 10612);
(F) establish procedures to prioritize testing of
biometrics identification technologies developed by
entities headquartered in the United States; and
(G) conduct such other activities as determined
necessary by the Director.
(c) GAO Report to Congress.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit a detailed report to Congress on the impact
of biometric identification technologies on historically marginalized
communities, including low-income communities and minority religious,
racial, and ethnic groups. Such report should be made publicly
available on an internet website.
SEC. 10227. FEDERAL BIOMETRIC PERFORMANCE STANDARDS.
Subsection (b) of section 20 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g-3) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) performance standards and guidelines for high risk
biometric identification systems, including facial recognition
systems, accounting for various use cases, types of biometric
identification systems, and relevant operational conditions.''.
SEC. 10228. PROTECTING RESEARCH FROM CYBERSECURITY THEFT.
Subparagraph (A) of section 2(e)(1) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(e)(1)) is amended--
(1) in clause (viii), by striking ``and'' after the
semicolon;
(2) by redesignating clause (ix) as clause (x); and
(3) by inserting after clause (viii) the following:
``(ix) consider institutions of higher
education (as such term is defined in section
101 of the Higher Education Act of 1965 (20
U.S.C. 1001)); and''.
SEC. 10229. DISSEMINATION OF RESOURCES FOR RESEARCH INSTITUTIONS.
(a) Dissemination of Resources for Research Institutions.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director shall, using the
authorities of the Director under subsections (c)(15) and
(e)(1)(A)(ix) of section 2 of the National Institute of
Standards and Technology Act (15 U.S.C. 272), disseminate and
make publicly available tailored resources to help qualifying
institutions identify, assess, manage, and reduce their
cybersecurity risk related to conducting research.
(2) Requirements.--The Director shall ensure that the
resources disseminated pursuant to paragraph (1)--
(A) are generally applicable and usable by a wide
range of qualifying institutions;
(B) vary with the nature and size of the qualifying
institutions, and the nature and sensitivity of the
data collected or stored on the information systems or
devices of the qualifying institutions;
(C) include elements that promote awareness of
simple, basic controls, a workplace cybersecurity
culture, and third-party stakeholder relationships, to
assist qualifying institutions in mitigating common
cybersecurity risks;
(D) include case studies, examples, and scenarios
of practical application;
(E) are outcomes-based and can be implemented using
a variety of technologies that are commercial and off-
the-shelf; and
(F) to the extent practicable, are based on
international technical standards.
(3) National cybersecurity awareness and education
program.--The Director shall ensure that the resources
disseminated under paragraph (1) are consistent with the
efforts of the Director under section 303 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7443).
(4) Updates.--The Director shall review periodically and
update the resources under paragraph (1) as the Director
determines appropriate.
(5) Voluntary resources.--The use of the resources
disseminated under paragraph (1) shall be considered voluntary.
(b) Other Federal Cybersecurity Requirements.--Nothing in this
section may be construed to supersede, alter, or otherwise affect any
cybersecurity requirements applicable to Federal agencies.
(c) Definitions.--In this section:
(1) Qualifying institutions.--The term ``qualifying
institutions'' means institutions of higher education that are
awarded in excess of $50,000,000 per year in total Federal
research funding.
(2) Resources.--The term ``resources'' means guidelines,
tools, best practices, technical standards, methodologies, and
other ways of providing information.
SEC. 10230. ADVANCED COMMUNICATIONS RESEARCH.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended--
(1) by redesignating section 35 as section 36; and
(2) by inserting after section 34 the following:
``SEC. 35. ADVANCED COMMUNICATIONS RESEARCH ACTIVITIES.
``(a) Advanced Communications Research.--
``(1) In general.--The Director, in consultation with the
Assistant Secretary for Communications and Information, the
Director of the National Science Foundation, and heads of other
Federal agencies, as appropriate, shall carry out a program of
measurement research for advanced communications technologies.
``(2) Research areas.--Research areas may include--
``(A) radio frequency emissions and interference,
including technologies and techniques to mitigate such
emissions and interference;
``(B) advanced antenna arrays and artificial
intelligence systems capable of operating advanced
antenna arrays;
``(C) artificial intelligence systems to enable
internet of things networks, immersive technology, and
other advanced communications technologies;
``(D) network sensing and monitoring technologies;
``(E) technologies to enable spectrum flexibility
and agility;
``(F) optical and quantum communications
technologies;
``(G) security of advanced communications systems;
``(H) public safety communications;
``(I) resilient internet of things applications for
advanced manufacturing; and
``(J) other research areas determined necessary by
the Director.
``(3) Testbeds.--In coordination with the Assistant
Secretary for Communications and Information, the private
sector, and other Federal agencies as appropriate, the Director
may develop and manage testbeds for research and development of
advanced communications technologies, avoiding duplication of
existing testbeds run by other agencies or the private sector.
``(4) Outreach.--In carrying out the activities under this
subsection, the Director shall seek input from other Federal
agencies and from private sector stakeholders, on an ongoing
basis, to help inform research and development priorities,
including through workshops and other multistakeholder
activities.
``(5) Technical roadmaps.--In carrying out the activities
under this subsection, the Director shall convene industry,
institutions of higher education, nonprofit organizations,
Federal laboratories, and other Federal agencies engaged in
advanced communications research and development to develop,
and periodically update, coordinated technical roadmaps for
advanced communications research in priority areas, such as
those described in paragraph (2).
``(b) National Advanced Spectrum and Communications Test Network.--
``(1) In general.--The Director, in coordination with the
Administrator of the National Telecommunications and
Information Administration and heads of other Federal agencies,
as appropriate, shall operate a national network of government,
academic, and commercial test capabilities and facilities to be
known as the National Advanced Spectrum and Communications Test
Network (referred to in this section as `NASCTN').
``(2) Purposes.--NASCTN shall be for the purposes of
facilitating and coordinating the use of intellectual capacity,
modeling and simulation, laboratory facilities, and test
facilities to meet national spectrum interests and challenges,
including--
``(A) measurements and analyses of electromagnetic
propagation, radio systems characteristics, and
operating techniques affecting the utilization of the
electromagnetic spectrum in coordination with
specialized, related research and analysis performed by
other Federal agencies in their areas of
responsibility;
``(B) conducting research and analysis in the
general field of telecommunications sciences in support
of the Institute's mission and in support of other
Government agencies;
``(C) developing methodologies for testing,
measuring, and setting guidelines for interference;
``(D) conducting interference tests to better
understand the impact of current and proposed Federal
and commercial spectrum activities;
``(E) conducting research and testing to improve
spectrum interference tolerance, flexibility, agility,
and interference mitigation methods; and
``(F) other activities as determined necessary by
the Director.''.
SEC. 10231. NEUTRON SCATTERING.
(a) Strategic Plan for the Institute Neutron Reactor.--The Director
shall develop a strategic plan for the future of the NIST Center for
Neutron Research after the current neutron reactor is decommissioned,
including--
(1) a succession plan for the reactor, including a roadmap
with timeline and milestones;
(2) conceptual design of a new reactor and accompanying
facilities, as appropriate; and
(3) a plan to minimize disruptions to the user community
during the transition.
(b) Coordination With the Department of Energy.--The Secretary,
acting through the Director, shall coordinate with the Secretary of
Energy on issues related to Federal support for neutron science,
including estimation of long-term needs for research using neutron
sources, and planning efforts for future facilities to meet such needs.
(c) Report to Congress.--Not later than 30 months after the date of
enactment of this Act, the Director shall submit to Congress the plan
required under subsection (a), and shall notify Congress of any
substantial updates to such plan in subsequent years.
SEC. 10232. ARTIFICIAL INTELLIGENCE.
(a) In General.--The Director shall continue to support the
development of artificial intelligence and data science, and carry out
the activities of the National Artificial Intelligence Initiative Act
of 2020 authorized in division E of the National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), including through--
(1) expanding the Institute's capabilities, including
scientific staff and research infrastructure;
(2) supporting measurement research and development for
advanced computer chips and hardware designed for artificial
intelligence systems;
(3) supporting the development of technical standards and
guidelines that promote safe and trustworthy artificial
intelligence systems, such as enhancing the accuracy,
explainability, privacy, reliability, robustness, safety,
security, and mitigation of harmful bias in artificial
intelligence systems;
(4) creating a framework for managing risks associated with
artificial intelligence systems; and
(5) developing and publishing cybersecurity tools,
encryption methods, and best practices for artificial
intelligence and data science.
(b) AI Testbeds.--Section 22A of the National Institute of
Standards and Technology Act (15 U.S.C. 278h-1) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Testbeds.--In coordination with other Federal agencies as
appropriate, the private sector, and institutions of higher education
(as such term is defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)), the Director may establish testbeds, including
in virtual environments, to support the development of robust and
trustworthy artificial intelligence and machine learning systems,
including testbeds that examine the vulnerabilities and conditions that
may lead to failure in, malfunction of, or attacks on such systems.''.
SEC. 10233. SUSTAINABLE CHEMISTRY RESEARCH AND EDUCATION.
In accordance with section 263 of the National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 9303), the Director
shall carry out activities in support of sustainable chemistry,
including coordinating and partnering with academia, industry,
nonprofit organizations, and other entities in activities to support
clean, safe, and economic alternatives, technologies, and methodologies
to traditional chemical products and processes.
SEC. 10234. PREMISE PLUMBING RESEARCH.
(a) In General.--The Secretary, acting through the Director, shall
create a program, in consultation with the Environmental Protection
Agency, for premise plumbing research, including to--
(1) conduct metrology research on premise plumbing in
relation to water safety, security, efficiency, sustainability,
and resilience; and
(2) coordinate research activities with academia, the
private sector, nonprofit organizations, and other Federal
agencies.
(b) Definitions.--For purposes of this section, the term ``premise
plumbing'' means the water distribution system located within the
property lines of a property, including all buildings and permanent
structures on such property. Such term includes building supply and
distribution pipes, fixtures, fittings, water heaters, water-treating
and water-using equipment, and all respective joints, connections,
devices, and appurtenances.
SEC. 10235. DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT PROGRAM.
(a) Authorization of Grants.--
(1) In general.--Subject to the availability of
appropriations, the Director shall carry out the Dr. David
Satcher Cybersecurity Education Grant Program by--
(A) awarding grants to assist institutions of
higher education that have an enrollment of needy
students, historically Black colleges and universities,
Tribal Colleges and Universities, and minority-serving
institutions, to establish or expand cybersecurity
programs, to build and upgrade institutional capacity
to better support new or existing cybersecurity
programs, including cybersecurity partnerships with
public and private entities, and to support such
institutions on the path to producing qualified
entrants in the cybersecurity workforce or becoming a
National Center of Academic Excellence in
Cybersecurity; and
(B) awarding grants to build capacity at
institutions of higher education that have an
enrollment of needy students, historically Black
colleges and universities, Tribal Colleges and
Universities, and minority-serving institutions, to
expand cybersecurity education opportunities,
cybersecurity programs, cybersecurity research, and
cybersecurity partnerships with public and private
entities.
(2) Reservation.--The Director shall award not less than 50
percent of the amount available for grants under this section
to historically Black colleges and universities, Tribal
Colleges and Universities, and minority-serving institutions.
(3) Coordination.--The Director shall carry out this
section in coordination with appropriate Federal agencies,
including the Departments of Homeland Security, Education, and
Labor.
(4) Sunset.--The Director's authority to award grants under
paragraph (1) shall terminate on the date that is 5 years after
the date the Director first awards a grant under paragraph (1).
(b) Applications.--An eligible institution seeking a grant under
subsection (a) shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may reasonably require, including a statement of how the institution
will use the funds awarded through the grant to expand cybersecurity
education opportunities at the eligible institution.
(c) Activities.--An eligible institution that receives a grant
under this section may use the funds awarded through such grant for
increasing research, education, technical, partnership, and innovation
capacity, including for--
(1) building and upgrading institutional capacity to better
support new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities;
(2) building and upgrading institutional capacity to
provide hands-on research and training experiences for
undergraduate and graduate students; and
(3) outreach and recruitment to ensure students are aware
of such new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities.
(d) Reporting Requirements.--Not later than--
(1) one year after the effective date of this section, as
provided in subsection (f), and annually thereafter until the
Director submits the report under paragraph (2), the Director
shall prepare and submit to Congress a report on the status and
progress of implementation of the grant program under this
section, including on the number and demographics of
institutions participating, the number and nature of students
served by cybersecurity programs at institutions receiving
grants, as well as the number of certificates or degrees
awarded through such cybersecurity programs, the level of
funding provided to grant recipients, the types of activities
being funded by the grants program, and plans for future
implementation and development; and
(2) five years after the effective date of this section, as
provided in subsection (f), the Director shall prepare and
submit to Congress a report on the status of cybersecurity
education programming and capacity-building at institutions
receiving grants under this section, including changes in the
scale and scope of these programs, associated facilities, or in
accreditation status, and on the educational and employment
outcomes of students participating in cybersecurity programs
that have received support under this section.
(e) Performance Metrics.--The Director shall establish performance
metrics for grants awarded under this section.
(f) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
Subtitle C--General Activities
SEC. 10241. EDUCATIONAL OUTREACH AND SUPPORT FOR UNDERREPRESENTED
COMMUNITIES.
Section 18 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-1) is amended--
(1) in subsection (a), in the second sentence--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``academia'' and inserting
``diverse types of institutions of higher education,
including historically Black colleges and universities,
Tribal Colleges and Universities, and minority-serving
institutions, and community colleges''; and
(2) in subsection (e)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (5) the following:
``(6) conduct outreach to and develop research
collaborations with historically Black colleges and
universities, Tribal Colleges or Universities, and minority
serving institutions, including through the recruitment of
students and faculty at such institutions to participate in
programs developed under paragraph (3);
``(7) conduct outreach to and develop research
collaborations with community colleges, including through the
recruitment of students and faculty at such institutions to
participate in programs developed under paragraph (3);
``(8) carry out other activities to increase the
participation of persons historically underrepresented in STEM
in the Institute's programs; and
``(9) conduct outreach to and develop collaborations with
nontraditional educational organizations, including those that
offer training through nonprofit associations and professional
associations or professional societies, to engage persons
historically underrepresented in STEM through programs
developed under this subsection.''.
SEC. 10242. OTHER TRANSACTIONS AUTHORITY.
(a) In General.--Paragraph (4) of section 2(b) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(b)) is amended
to read as follows:
``(4) to enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in the conduct of its work and on such terms as it
may determine appropriate, in furtherance of the purposes of
this Act;''.
(b) Reporting.--Not later than one year after the date of the
enactment of this Act and not less than annually thereafter, the
Secretary shall submit to the Committee on Science, Space, and
Technology and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate a
report on the use of agreements, activities, and associated funding for
transactions (other than contracts, cooperative agreements, and grants)
described in paragraph (4) of section 2(b) of the National Institute of
Standards and Technology Act (as amended by subsection (a)), including
the following elements:
(1) A description of when the other transactions authority
described in such amended paragraph was used and for what
purpose.
(2) A description of why such other transactions authority
was required.
(3) Steps taken to ensure necessary and sufficient
oversight of Federal Government requirements implemented using
such other transactions authority.
SEC. 10243. REPORT TO CONGRESS ON COLLABORATIONS WITH GOVERNMENT
AGENCIES.
Not later than 6 months after the date of the enactment of this
Act, the Director shall submit a report to the Committee on Science,
Space, and Technology and the Committee on Appropriations of the House
of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate
describing the Institute's challenges with respect to collaboration
between the Institute and other Federal agencies. The report shall
include, at a minimum--
(1) an assessment of the challenges that arise with
interagency collaboration, including transfer of funds with a
limited period of availability to the Institute and issues with
sharing personnel, associates, facilities, and property with
collaborating agencies; and
(2) descriptions of projects that were disrupted due to the
challenges outlined in paragraph (1).
SEC. 10244. HIRING CRITICAL TECHNICAL EXPERTS.
Section 6 of the National Institute of Standards and Technology Act
(15 U.S.C. 275) is amended to read as follows:
``SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS.
``(a) In General.--The officers and employees of the Institute,
except the director, shall be appointed by the Secretary at such time
as their respective services may become necessary.
``(b) Hiring Critical Technical Experts.--Notwithstanding section
3104 of title 5 or the provisions of any other law relating to the
appointment, number, classification, or compensation of employees, the
Secretary shall have the authority to make appointments of scientific,
engineering, and professional personnel, and to fix the basic pay of
such personnel at a rate to be determined by the Secretary at rates not
in excess of the highest total annual compensation payable at the rate
determined under section 104 of title 3, United States Code. The
Director shall appoint not more than 15 personnel under this section.
``(c) Sunset.--The authority under section (b) shall expire on the
date that is 5 years after the date of the enactment of this
section.''.
SEC. 10245. INTERNATIONAL STANDARDS DEVELOPMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the principles of openness, transparency, due process,
balance of interests, appeals, and consensus in the development
of international standards are critical;
(2) voluntary consensus standards, developed through an
industry-led process, serve as the cornerstone of the United
States standardization system and have become the basis of a
sound national economy and the key to global market access;
(3) strengthening the unique United States public-private
partnerships approach to standards development is critical to
United States economic competitiveness; and
(4) the United States Government should ensure cooperation
and coordination across Federal agencies to partner with and
support private sector stakeholders to continue to shape
international dialogues in regard to standards development for
emerging technologies.
(b) International Standards Engagement.--
(1) In general.--The Director shall lead information
exchange and coordination among Federal agencies and
communication from Federal agencies to the private sector of
the United States to ensure effective Federal engagement in the
development and use of international technical standards.
(2) Requirements.--To support private sector-led engagement
and ensure effective Federal engagement in the development and
use of international technical standards, the Director shall
consider--
(A) the role and needs of the Federal Government
with respect to international technical standards;
(B) organizations developing international
technical standards of interest to the United States,
United States representation and influence in these
organizations, and key contributors for technical and
leadership expertise in these organizations;
(C) support for persons with domain subject matter
expertise, especially from small businesses located in
the United States, to influence and engage in technical
standards leadership positions, working groups and
meetings;
(D) opportunities for partnerships for supporting
international technical standards from across the
Federal Government, Federally funded research and
development centers, university-affiliated research
centers, institutions of higher education, industry,
industry associations, nonprofit organizations, and
other key contributors;
(E) support for activities to encourage the
adoption of technical standards developed in the United
States to be adopted by international standards
organizations; and
(F) other activities determined by the Director to
be necessary to support United States participation in
international standards development, economic
competitiveness, and national security in the
development and use of international technical
standards.
(c) Capacity Building Guidance.--The Director shall support
education and workforce development efforts to promote United States
participation in international standards organizations. The Director
shall--
(1) identify and create, as appropriate, technical
standards education and training resources for interested
businesses, industry associations, academia, nonprofit
organizations, Federal agencies, and other relevant standards
contributors, including activities targeted at integrating
standards content into undergraduate and graduate curricula in
science, engineering, business, public policy, and law;
(2) conduct outreach, including to private sector leaders,
to support engagement by more United States stakeholders in
international technical standards development; and
(3) other activities determined necessary by the Director
to support increased engagement, influence, and leadership of
United States organizations in the development of international
technical standards.
(d) Capacity Building Pilot Program.--
(1) In general.--The Director, in coordination with the
Director of the National Science Foundation, and the heads of
other relevant Federal agencies, as appropriate, shall
establish or enter into cooperative agreements with appropriate
nongovernmental organizations to establish a 5-year pilot
program to award grants, on a merit-reviewed, competitive
basis, to private sector entities, institutions of higher
education, or nonprofit institutions based in the United States
to support increased participation and leadership by small
business and academic interests in international standards
organizations.
(2) Use of funds.--Grants awarded to eligible entities
under this subsection may be used to cover reasonable costs, up
to a specified ceiling set by the Director, of activities to
support increased engagement and leadership of eligible entity
employees in international standards organizations, which may
include costs associated with--
(A) travel;
(B) education and training;
(C) dues or fees related to participation in
technical standards development activities; and
(D) other such costs that the Director determines
may reasonably support participation of the eligible
entity in international standards organizations.
(3) Award criteria.--The Director shall ensure that award
decisions made under this subsection take into account the
extent to which the eligible entity--
(A) employs full-time an individual or individuals
who demonstrate deep technical standards expertise;
(B) employs full-time an individual or individuals
who demonstrate knowledge with the processes of the
standards development organization in which the
eligible entity intends to engage using grant funds;
(C) proposes a feasible set of standard
deliverables to be completed over the period of the
grant;
(D) explains how the eligible entity will fund
additional standards-related activities necessary to
achieve the deliverables referred to in subparagraph
(C) if the grant funds are insufficient to cover all
costs of such activities;
(E) commits personnel with appropriate expertise to
regularly engage in relevant international
organizations responsible for developing technical
standards over the period of the grant; and
(F) identifies a clearly defined current or
anticipated market need or gap that would be addressed
by their standards development proposal.
(4) Eligibility.--A small business concern (as such term is
defined in section 3 of the Small Business Act (15 U.S.C. 632)
based in the United States, an institution of higher education,
or a nonprofit institution (as such term is defined in section
4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3703)) shall be eligible to receive grants under this
program.
(5) Guidance on application and award process.--The
Director shall develop, and periodically update, guidance,
including eligibility, applicant disclosure requirements, grant
amount and duration, the merit review process, priority areas
for standards development, and any additional requirements for
how grants are awarded under this subsection.
(6) Merit review process.--The Director shall ensure that
grants under this subsection are awarded based on a
competitive, merit review process including the use of merit
review panels that may include experts from both government,
the private sector, and, as appropriate, academic, nonprofit,
or other organizations as the Director determines appropriate.
(7) Consultation.--In carrying out the pilot program
established under this subsection, the Director shall consult
with other Federal agencies, private sector organizations,
institutions of higher education, and nonprofit organizations
to help inform the pilot program, including the guidance
developed under paragraph (5).
(8) Report to congress.--The Director shall brief Congress
after the second year of the pilot program and each year
following that includes the following:
(A) An assessment of the effectiveness of the pilot
program for improving the participation of United
States small businesses, United States institutions of
higher education, or other nonprofit research
institutions in international standards organizations,
including--
(i) the type of activities supported,
including leadership roles;
(ii) the international standards
organizations participated in; and
(iii) the technical areas covered by the
activities.
(B) If determined effective, a plan for permanent
implementation of the pilot program.
SEC. 10246. STANDARD TECHNICAL UPDATE.
(a) National Institute of Standards and Technology Act Updates.--
The National Institute of Standards and Technology Act (15 U.S.C. 271)
is amended--
(1) by amending subsection (a) of section 17 (15 U.S.C.
278g) to read as follows:
``(a) The Secretary is authorized, notwithstanding any other
provision of law, to expend such sums, within the limit of appropriated
funds, as the Secretary may determine desirable through direct support
for activities of international organizations and foreign national
metrology institutes with which the Institute cooperates to advance
measurement methods, technical standards, and related basic
technologies, for official representation, to host official receptions,
dinners, and similar events, and to otherwise extend official
courtesies, including transportation of foreign dignitaries and
representatives of foreign national metrology institutes to and from
the Institute, for the purpose of maintaining the standing and prestige
of the Department of Commerce and the Institute, through the grant of
fellowships or other appropriate form of financial or logistical
assistance or support to foreign nationals not in service to the
Government of the United States while they are performing scientific or
engineering work at the Institute or participating in the exchange of
scientific or technical information at the Institute.''; and
(2) in section 20 (15 U.S.C. 278g-3)--
(A) in subsection (c), by amending paragraph (3) to
read as follows:
``(3) submit such standards and guidelines to the Secretary
of Commerce for promulgation under section 11331 of title
40;''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking
``Director of the Office of Management and
Budget'' and inserting ``Secretary of
Commerce''; and
(ii) in paragraph (8), by striking
``Director of Management and Budget with such
standards submitted to the Director'' and
inserting ``Secretary of Commerce with such
standards submitted to the Secretary''.
(b) Stevenson-Wydler Updates.--The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended--
(1) in paragraph (1) of section 17(c) (15 U.S.C.
3711a(c))--
(A) by moving each of subparagraphs (D) and (E) two
ems to the left; and
(B) by adding at the end the following:
``(G) Community.''; and
(2) in subsection (m) of section 26 (15 U.S.C. 3721)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2), as so redesignated, by
striking ``and the Comptroller General's review under
paragraph (2)''.
(c) American Innovation and Competitiveness Act Update.--Section
113 of the American Innovation and Competitiveness Act (15 U.S.C. 278e
note) is repealed.
(d) Clerical Amendment.--The item relating to section 113 in the
table of contents in section 1(b) of the American Innovation and
Competitiveness Act is repealed.
(e) Federal Energy Management Improvement Act Update.--Section 4 of
the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001)
is amended--
(1) by striking ``Secretary of Commerce'' and ``Secretary''
each place either such term appears and inserting ``Consumer
Product Safety Commission'';
(2) by redesignating the second subsection (c) as
subsection (e); and
(3) in subsection (g), by redesignating clauses (i) and
(ii) as paragraphs (1) and (2), respectively.
(f) Title 40, United States Code.--Section 11331 of title 40,
United States Code, is amended by striking subsections (a) through (d)
and inserting the following:
``(a) Standards and Guidelines.--
``(1) Authority to prescribe.--Except as provided under
paragraph (2), the Secretary of Commerce shall, on the basis of
standards and guidelines developed by the National Institute of
Standards and Technology pursuant to paragraphs (2) and (3) of
section 20(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(a)), prescribe standards and
guidelines pertaining to Federal information systems.
``(2) National security systems.--Standards and guidelines
for national security systems shall be developed, prescribed,
enforced, and overseen as otherwise authorized by law and as
directed by the President.
``(b) Mandatory Requirements.--
``(1) Authority to make mandatory.--Except as provided
under paragraph (2), the Secretary of Commerce shall make
standards prescribed under subsection (a)(1) compulsory and
binding to the extent determined necessary by the Secretary to
improve the efficiency of operation or security of Federal
information systems.
``(2) Required mandatory standards.--
``(A) In general.--Standards prescribed under
subsection (a)(1) shall include information security
standards that--
``(i) provide minimum information security
requirements as determined under section 20(b)
of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(b)); and
``(ii) are otherwise necessary to improve
the security of Federal information and
information systems.
``(B) Requirement.--Information security standards
described in subparagraph (A) shall be compulsory and
binding.
``(c) Authority to Disapprove or Modify.--The President may
disapprove or modify the standards and guidelines referred to in
subsection (a)(1) if the President determines such action to be in the
public interest. The President's authority to disapprove or modify such
standards and guidelines may not be delegated. Notice of such
disapproval or modification shall be published promptly in the Federal
Register. Upon receiving notice of such disapproval or modification,
the Secretary of Commerce shall immediately rescind or modify such
standards or guidelines as directed by the President.
``(d) Exercise of Authority.--To ensure fiscal and policy
consistency, the Secretary of Commerce shall exercise the authority
conferred by this section subject to direction by the President and in
coordination with the Director of the Office of Management and Budget.
``(e) Application of More Stringent Standards.--The head of an
executive agency may employ standards for the cost-effective
information security for Federal information systems within or under
the supervision of that agency that are more stringent than the
standards the Secretary prescribes under this section if the more
stringent standards--
``(1) contain at least the applicable standards made
compulsory and binding by the Secretary of Commerce; and
``(2) are otherwise consistent with policies and guidelines
issued under section 3553 of title 44.
``(f) Decisions on Promulgation of Standards.--The decision by the
Secretary of Commerce regarding the promulgation of any standard under
this section shall occur not later than 6 months after the submission
of the proposed standard to the Secretary by the National Institute of
Standards and Technology, as provided under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-3).
``(g) Definitions.--In this section:
``(1) Federal information system.--The term `Federal
information system' means an information system used or
operated by an executive agency, by a contractor of an
executive agency, or by another organization on behalf of an
executive agency.
``(2) Information security.--The term `information
security' has the meaning given that term in section 3552(b)(3)
of title 44.
``(3) National security system.--The term `national
security system' has the meaning given that term in section
3552(b)(6) of title 44.''.
(g) Technical and Conforming Amendment.--Paragraph (2) of section
20(a) of the National Institute of Standards and Technology Act (15
U.S.C. 278g-3(a)) is amended by striking ``section 3552(b)(5) of title
44, United States Code'' and inserting ``section 3552(b)(6) of title
44, United States Code''.
(h) National Construction Safety Team Act Updates.--Section 4 of
the National Construction Safety Team Act (15 U.S.C. 7303) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) Civil suits.--Where practicable, a Team shall
cooperate with civil litigants without compromising a Team's
investigation or the evidence preservation activities as
described in this section.''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking
``Interagency'' and inserting ``Investigation''; and
(B) in paragraph (1), by inserting ``or any civil
suit or civil action'' after ``Federal agency''.
SEC. 10247. GAO STUDY OF NIST RESEARCH SECURITY POLICIES AND PROTOCOLS.
(a) Evaluation.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study of the Institute's policies and protocols to protect its
research and combat undue foreign influence.
(b) Matters to Be Included.--The study conducted under subsection
(a) shall include, to the extent practicable, the following:
(1) An analysis of steps taken by the Institute to address
foreign threats to Institute-funded research over the previous
5 years.
(2) An analysis of the coordination and engagement between
the Department of Commerce's Office of Inspector General, the
Department of Commerce's Office of Intelligence, the National
Counterintelligence and Security Center of the Office of the
Director of National Intelligence, and the Institute in
identifying and addressing concerning findings.
(3) An assessment of the Institute's review process for
foreign national associates.
(4) An assessment of the Institute's policies as it relates
to employees and associates participating in foreign talent
recruitment programs.
(5) An assessment of the Institute's implementation of
conflict of interest and disclosure policies and requirements,
including the disclosure requirements authorized in section 223
of the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(6) An assessment of the Institute's, the Department of
Commerce's Office of Security, the Department of Commerce's
Office of Intelligence, and the Department of Commerce's Office
of Inspector General's ability to monitor and enforce conflict
of interest and disclosure policies and requirements, including
the disclosure requirements authorized in section 223 of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283).
(7) An assessment of the Institute's, the Department of
Commerce's, and the Department of Commerce's Office of
Inspector General's ability to conduct risk assessments of
research and development award applications and disclosures to
the Institute.
(8) An assessment of the Institute's research security
training programs for both internal and externally-supported
researchers and associates, including training focused on
international collaboration, and international travel, foreign
interference, and rules for proper use of funds, disclosure,
conflict of commitment, and conflict of interest.
(9) An analysis and summary of incidents of undue foreign
influence at Institute-supported research facilities and
programs over the past 10 years.
(10) Recommendations for the Institute to bolster its
research security policies and protocols.
(11) Other matters the Comptroller General determines
appropriate.
(c) Congressional Briefing.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall brief the
Committee on Science, Space, and Technology and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee of Commerce, Science, and Transportation and the Select
Committee on Intelligence of the Senate on the findings available from
the evaluation conducted under subsection (a).
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the congressional
committees specified in subsection (c) a report on the findings and
recommendations of the evaluation conducted under subsection (a).
SEC. 10248. STANDARDS DEVELOPMENT ORGANIZATION GRANTS.
(a) Nongovernmental Standards Development Organization Defined.--In
this section, the term ``nongovernmental standards development
organization'' means a nongovernmental standards development
organization (as defined in section 2(e) of the Office of Management
and Budget Circular A-119 (relating to Federal participation in the
development and use of voluntary consensus standards in conformity
assessment activities), or any successor document) that adheres to the
American National Standards Institute (ANSI) Essential Requirements for
Due Process for American National Standards.
(b) Grant Authority.--The Secretary of Commerce, acting through the
Director, shall establish a competitive program of grants for
nongovernmental standards development organizations for the purposes
described in subsection (c).
(c) Purposes.--A grant awarded under subsection (b) shall be used
to develop, approve, disseminate, maintain, and review forensic science
voluntary consensus standards and best practices that shall be
available to the public free of charge.
(d) Additional Requirements.--The Director may promulgate such
requirements, guidelines, and procedures as may be necessary to carry
out this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2022 through 2026.
Subtitle D--Hollings Manufacturing Extension Partnership
SEC. 10251. ESTABLISHMENT OF EXPANSION AWARDS PILOT PROGRAM AS A PART
OF THE HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
(a) Establishment of Expansion Awards Program.--The National
Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is
amended by inserting after section 25A (15 U.S.C. 278k-1) the
following:
``SEC. 25B. EXPANSION AWARDS PILOT PROGRAM.
``(a) Definitions.--The terms used in this section have the
meanings given the terms in section 25.
``(b) Establishment.--The Director shall establish, subject to the
availability of appropriations, as a part of the Hollings Manufacturing
Extension Partnership under sections 25 and 25A, a pilot program of
expansion awards among participants described in subsection (c) for the
purposes described in subsection (e).
``(c) Participants.--Participants receiving awards under this
section shall be Centers, or a consortium of Centers (as such term is
defined in section 25).
``(d) Award Amounts.--Subject to the availability of
appropriations, an award for a recipient under this section shall be in
an amount equal to the sum of the following:
``(1) Such amount as the Director considers appropriate as
a minimum base funding level for each award under this section.
``(2) Such additional amount as the Director considers in
proportion to the manufacturing density of the region of the
recipient.
``(3) Such supplemental amounts as the Director considers
appropriate.
``(e) Purpose of Awards.--An award under this section shall be made
for one or more of the following purposes:
``(1) To provide worker education, training, development,
and entrepreneurship training and to connect individuals or
business with such services offered in their community, which
may include employee ownership and workforce training,
including connecting manufacturers with career and technical
education entities, institutions of higher education (including
community colleges), workforce development boards, labor
organizations, and nonprofit job training providers to develop
and support training and job placement services, including
apprenticeship and online learning platforms, for new and
incumbent workers, programming to prevent job losses when
adopting new technologies and processes, and development of
employee ownership practices.
``(2) To provide services to improve the resiliency of
domestic supply chains.
``(3) To mitigate vulnerabilities to cyberattacks,
including helping to offset the cost of cybersecurity projects
for small manufacturers.
``(4) To expand advanced technology services to United
States-based small- and medium-sized manufacturers, which may
include--
``(A) developing technology demonstration
laboratories;
``(B) training and demonstration in areas of supply
chain and critical technology needs, including a focus
on the demonstration of technologies developed by
companies based in the United States;
``(C) services for the adoption of advanced
technologies, including smart manufacturing
technologies and practices; and
``(D) establishing partnerships, for the
development, demonstration, and deployment of advanced
technologies, with--
``(i) national laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801));
``(ii) Federal laboratories;
``(iii) Manufacturing USA institutes (as
described in section 34(d)); and
``(iv) institutions of higher education.
``(5) To build capabilities across the Hollings
Manufacturing Extension Partnership for domestic supply chain
resiliency and optimization, including--
``(A) assessment of domestic manufacturing
capabilities, expanded capacity for researching and
deploying information on supply chain risk, hidden
costs of reliance on offshore suppliers, redesigning
products and processes to encourage reshoring, and
other relevant topics; and
``(B) expanded services to provide industrywide
support that assists United States manufacturers with
reshoring manufacturing to strengthen the resiliency of
domestic supply chains, including in critical
technology areas and foundational manufacturing
capabilities that are key to domestic manufacturing
competitiveness and resiliency, including forming,
casting, machining, joining, surface treatment,
tooling, and metal or chemical refining.
``(f) Reimbursement.--The Director may reimburse Centers for costs
incurred by the Centers under this section.
``(g) Applications.--Applications for awards under this section
shall be submitted in such manner, at such time, and containing such
information as the Director shall require in consultation with the
Manufacturing Extension Partnership Advisory Board.
``(h) Selection.--
``(1) Reviewed and merit-based.--The Director shall ensure
that awards under this section are reviewed and merit-based.
``(2) Geographic diversity.--The Director shall endeavor to
have broad geographic diversity among selected proposals.
``(3) Criteria.--The Director shall select applications
consistent with the purposes identified pursuant to subsection
(e) to receive awards that the Director determines will achieve
one or more of the following:
``(A) Improvement of the competitiveness of
industries in the region in which the Center or Centers
are located.
``(B) Creation of jobs or training of newly hired
employees.
``(C) Promotion of the transfer and
commercialization of research and technology from
institutions of higher education, national
laboratories, or other federally funded research
programs, and nonprofit research institutes.
``(D) Recruitment of a diverse manufacturing
workforce, including through outreach to
underrepresented populations, including individuals
identified in section 33 or section 34 of the Science
and Engineering Equal Opportunities Act (42 U.S.C.
1885a, 1885b).
``(E) Any other result the Director determines will
advance the objective set forth in section 25(c) or
25A.
``(i) Program Contribution.--Recipients of awards under this
section shall not be required to provide a matching contribution.
``(j) Global Marketplace Projects.--In making an award under this
section, the Director, in consultation with the Manufacturing Extension
Partnership Advisory Board and the Secretary, may take into
consideration whether an application has significant potential for
enhancing the competitiveness of small and medium-sized United States
manufacturers in the global marketplace.
``(k) Duration.--The Director shall ensure that the duration of an
award under this section is aligned and consistent with a Center's
cooperative agreement established in section 25(e).
``(l) Report.--Not later than October 1, 2025, the Director shall
submit to Congress a report that includes--
``(1) a summary description of what activities were funded
and the measurable outcomes of such activities;
``(2) a description of which types of activities under
paragraph (1) could remain as part of a permanent expansion
awards program;
``(3) a description of which types of activities under
paragraph (1) could be integrated into, and supported under,
the program under section 25;
``(4) a description of which types of activities under
paragraph (1) could be integrated into, and supported under,
the competitive awards program under section 25A; and
``(5) a recommendation, supported by a clear explanation,
as to whether the pilot program should be continued.''.
(b) Resource Optimization.--Of amounts authorized for the Hollings
Manufacturing Extension Partnership program under section 25 of the
National Institute of Standards and Technology Act (15 U.S.C. 278k),
the Secretary shall optimize funding across sections 25 and 25A of such
Act, as well as the program established under section 25B of such Act
(as added by subsection (a)), to the extent practicable and subject to
the availability of appropriations, in order to maximize Center (as
such term is defined in such section 25) participation as well as
competitiveness, productivity, and technological performance in United
States manufacturing.
SEC. 10252. UPDATE TO HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
(a) Acceptance of Funds.--Subsection (l) of section 25 of the
National Institute of Standards and Technology Act (15 U.S.C. 278k) is
amended to read as follows:
``(l) Acceptance of Funds.--
``(1) In general.--To the extent provided in advance in
appropriations Acts, other Federal departments and agencies may
transfer amounts to the Institute, and the Secretary and
Director may accept and make available cash donations from the
private sector pursuant to section 2(c)(7), to be used for
strengthening United States manufacturing under this section.
``(2) Competitive awards.--Funds accepted from other
Federal departments and agencies and from the private sector
under paragraph (1) shall be awarded competitively by the
Secretary and Director to Centers, provided that the Secretary
and Director may make noncompetitive awards, pursuant to this
section or section 25A, or as a non-competitive contract, as
appropriate, if the Secretary and Director determine that--
``(A) the manufacturing market or sector targeted
is limited geographically or in scope;
``(B) the number of States (or territory, in the
case of Puerto Rico) with Centers serving manufacturers
of such market or sector is five or fewer; and
``(C) such Center has or Centers have received a
positive evaluation in the most recent evaluation
conducted pursuant to subsection (g).''.
(b) Supporting American Manufacturing.--Section 25 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k) is amended--
(1) in subsection (a)(5)--
(A) by striking ``or consortium thereof,''; and
(B) by inserting ``or a consortium thereof'' before
the period at the end of the sentence;
(2) in subsection (c)(4), by inserting ``United States-
based'' before ``industrial'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``at United
States-based industrial facilities, including small and
medium manufacturing companies'' before ``based'';
(B) in paragraph (2), by inserting ``United States-
based'' before ``companies''; and
(C) in paragraph (3), by inserting ``United States-
based'' before ``small'';
(4) in subsection (f)(5)(B)(i), by inserting ``in the
United States'' before the semicolon at the end of the clause;
and
(5) in subsection (n)(1)(A), by inserting ``United States-
based'' before ``small''.
(c) Amending the MEP Competitive Awards Program.--Section 25A(c)(2)
of the National Institute of Standards and Technology Act (15 U.S.C.
278k-1(c)(2)) is amended by inserting ``United States'' before
``manufacturers''.
(d) MEP Outreach.--Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by striking ``community
colleges and area career and technical education
schools'' and inserting the following: ``secondary
schools, community colleges, and area career and
technical education schools, including those in
underserved and rural communities,''; and
(B) in paragraph (7)--
(i) by striking ``and local colleges'' and
inserting ``local secondary schools and local
colleges, including historically Black colleges
and universities, Tribal Colleges or
Universities, minority-serving institutions,
community colleges, and secondary schools and
colleges in underserved and rural
communities,''; and
(ii) by inserting ``or other applied
learning opportunities'' after
``apprenticeships''; and
(2) in subsection (d)(3), by striking ``, community
colleges, and area career and technical education schools,''
and inserting the following: ``and local high schools,
community colleges, and area career and technical education
schools, including those in underserved and rural
communities,''.
SEC. 10253. NATIONAL SUPPLY CHAIN DATABASE.
(a) Establishment of National Supply Chain Database.--The Director
shall establish a voluntary National Supply Chain Database, subject to
the availability of appropriations.
(b) Purpose.--The purpose of the voluntary National Supply Chain
Database shall be to assist the Federal Government and industry sectors
in minimizing disruptions to the United States supply chain by having
an assessment of United States manufacturers' capabilities.
(c) Study on National Supply Chain Database.--In establishing the
National Supply Chain Database, the Director shall consider the
findings and recommendations from the study authorized pursuant to
section 9413 of the National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), including measures to secure and protect the
Database from adversarial attacks and vulnerabilities.
(d) Database and Manufacturing Extension Partnership.--
(1) In general.--The Director shall establish the
infrastructure for the National Supply Chain Database through
the Hollings Manufacturing Extension Partnership, established
pursuant to section 25 of the National Institute of Standards
and Technology Act (15 U.S.C. 278k), by connecting information
from the Centers (as such term is defined in such section)
through the Database.
(2) National view.--The Director shall ensure that
connections under paragraph (1)--
(A) provide a national overview of the networks of
supply chains of the United States; and
(B) support understanding of whether there is a
need for some manufacturers to retool in some critical
areas to meet the urgent need for key products.
(3) Individual hollings manufacturing extension partnership
center databases.--
(A) In general.--The Director shall ensure that--
(i) each Center is connected to the
National Supply Chain Database; and
(ii) each supply chain database maintained
by a Center is interoperable with the Database.
(B) Rule of construction.--Nothing in this section
may be construed to require a State or territory of the
United States to establish a new supply chain database
through the Hollings Manufacturing Extension
Partnership program.
(e) Maintenance of National Supply Chain Database.--The Director,
acting through the Hollings Manufacturing Extension Partnership program
or a designee of the program--
(1) shall maintain the National Supply Chain Database as an
integration of State-level databases from the Center of each
State or territory of the United States;
(2) may populate the Database with information from past or
current clients of Centers; and
(3) may include in the Database information voluntarily
provided by non-client private sector entities based and
operating in the United States, as applicable and appropriate.
(f) Database Content.--The National Supply Chain Database may
include the following:
(1) Basic private sector entity information.
(2) An overview of capabilities, accreditations, and
products.
(3) Proprietary information.
(g) Standard Classification System.--The National Supply Chain
Database may, where applicable, use the North American Industry
Classification System (NAICS) Codes as follows:
(1) Sector 31-33 - Manufacturing.
(2) Sector 54 - Professional, Scientific, and Technical
Services.
(3) Sector 48-49 - Transportation and Warehousing.
(h) Levels.--The National Supply Chain Database shall be multi-
leveled as agreed to under terms of mutual disclosure as follows:
(1) Level 1 shall have the capability to provide basic
private sector entity information and shall be available to the
public.
(2) Level 2 shall have the capability to provide a deeper,
nonproprietary overview into capabilities, products, and
accreditations and shall be available to all companies that
contribute to the Database.
(3) Level 3 shall have the capability to hold proprietary
information.
(i) Matters Relating to Disclosure and Access.--
(1) FOIA exemption.--The National Supply Chain Database,
and any information contained therein that is not publicly
released by the Institute, shall be exempt from public
disclosure under section 552(b)(3) of title 5, United States
Code.
(2) Limitation on access to content.--Access to a
contributing private sector entity's nonpublic content in the
National Supply Chain Database shall be limited to--
(A) the contributing private sector entity, the
Institute, and staff from a Center who sign a
nondisclosure agreement, and
(B) other Federal departments and agencies,
as the Director considers appropriate.
(3) Aggregated information.--The Director may make
aggregated, de-identified information available to contributing
companies, Centers, or the public, as the Director considers
appropriate, in support of the purposes of this section.
(j) Coordination With National Technology and Industrial Base
Council.--The Director, acting through the Hollings Manufacturing
Extension Partnership program, may work with the National Defense
Technology and Industrial Base Council established under section 4812
of title 10, United States Code, as the Director considers appropriate,
to include in the National Supply Chain Database information regarding
the defense manufacturing supply chain.
(k) Protections.--
(1) In general.--Supply chain information that is
voluntarily and lawfully submitted to the National Supply Chain
Database by a private sector entity and accompanied by an
express statement described in paragraph (2)--
(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code;
(B) may not be made available pursuant to any
Federal, State, local, or Tribal authority pursuant to
any Federal, State, local, or Tribal law requiring
public disclosure of information or records; and
(C) may not, without the written consent of the
private sector entity submitting such information, be
used directly by the Director, or any other Federal,
State, or local authority in any civil enforcement
action brought by a Federal, State, Tribal, or local
authority.
(2) Express statement.--The express statement described in
this paragraph, with respect to information or records, is--
(A) in the case of written information or records,
a written marking on the information or records
substantially similar to the following: ``This
information is voluntarily submitted to the Federal
Government in expectation of protection from disclosure
as provided by the provisions of section 10253(k) of
the Research and Development, Competition, and
Innovation Act.''; or
(B) in the case of oral information, a written
statement similar to the statement described in
subparagraph (A) submitted within a reasonable period
following the oral communication.
(l) Rules of Construction.--
(1) Private entities.--Nothing in this section may be
construed to require any private sector entity to share data,
including proprietary information, with the Director or the
National Supply Chain Database.
(2) Prohibition on new regulatory authority.--Nothing in
this section may be construed to grant the Director, or the
head of any other Federal agency, any authority to promulgate
regulations or set standards on manufacturers, based on data
within the National Supply Chain Database, that was not in
effect on the day before the date of the enactment of this
section.
SEC. 10254. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP ACTIVITIES.
Section 70924(b) of the Infrastructure Investment and Jobs Act
(Public Law 117-58) is amended to read as follows:
``(b) Automatic Enrollment in GSA Advantage.--The Administrator of
the General Services Administration and the Secretary of Commerce,
acting through the Under Secretary of Commerce for Standards and
Technology, shall jointly ensure that businesses that participate in
the Hollings Manufacturing Extension Partnership, and so desire, are
automatically enrolled in General Services Administration Advantage.''.
SEC. 10255. AMENDMENT TO THE HOLLINGS MANUFACTURING EXTENSION
PARTNERSHIP RELATING TO INSTITUTIONS OF HIGHER EDUCATION.
Subsection (a) of section 25 of the National Institute of Standards
and Technology Act (15 U.S.C. 278k) is amended--
(1) by redesignating paragraph (6) (relating to the
definition of ``Hollings Manufacturing Extension Partnership or
Program'') as paragraph (7);
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Historically black college and university.--The term
`historically Black college and university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).'';
(3) by redesignating the second paragraph (7) (relating to
the definition of ``MEP Advisory Board'') as paragraph (8);
(4) by inserting after paragraph (6) (as inserted by
paragraph (2), relating to the definition of ``historically
Black college and university'') the following new paragraph:
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''; and
(5) by adding at the end the following new paragraphs:
``(9) Minority-serving institution.--The term `minority-
serving institution' means a Hispanic-serving institution as
defined in section 502(a) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)); an Alaska Native-serving institution or
Native Hawaiian-serving institution as defined in section
317(b) of such Act (20 U.S.C. 1059d(b)); or a Predominantly
Black institution, Asian American and Native American Pacific
Islander-serving institution, or Native American-serving
nontribal institution as defined in section 371(c) of such Act
(20 U.S.C. 1067q(c)).
``(10) Secondary school.--The term `secondary school' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(11) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term `Tribal
College or University' in section 316 of the Higher Education
Act of 1965 (20 U.S.C. 1059c).''.
Subtitle E--Manufacturing USA Program
SEC. 10261. SUPPORTING GEOGRAPHIC DIVERSITY.
Section 34(e) of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(e)) is amended by adding at the end the following:
``(8) Diversity preferences.--In awarding financial
assistance under paragraph (1) for planning or establishing a
Manufacturing USA institute, an agency head shall give special
consideration to Manufacturing USA institutes that--
``(A) contribute to the geographic diversity of the
Manufacturing USA Program;
``(B) are located in an area with a low per capita
income;
``(C) are located in an area with a high proportion
of socially disadvantaged residents; or
``(D) are located in small and rural
communities.''.
SEC. 10262. EXPANDING OPPORTUNITIES THROUGH THE MANUFACTURING USA
PROGRAM.
(a) In General.--The Secretary of Commerce, in consultation with
the Secretary of Energy, the Secretary of Defense, and the heads of
such other Federal agencies as the Secretary of Commerce considers
relevant, shall coordinate with existing and new Manufacturing USA
institutes to integrate covered entities as active members of the
Manufacturing USA institutes, including through the development of
preferences in selection criteria for proposals to create new
Manufacturing USA institutes or renew existing Manufacturing USA
institutes that include one or more covered entities.
(b) Covered Entities.--For purposes of this subsection, a covered
entity is--
(1) an historically Black college and university;
(2) a Tribal College or University;
(3) a minority-serving institution;
(4) a minority business enterprise (as such term is defined
in section 1400.2 of title 15, Code of Federal Regulations, or
successor regulation); or
(5) a rural-serving institution of higher education (as
such term is defined in section 861 of the Higher Education Act
of 1965 (20 U.S.C. 1161q)).
SEC. 10263. PROMOTING DOMESTIC PRODUCTION OF TECHNOLOGIES DEVELOPED
UNDER MANUFACTURING USA PROGRAM.
(a) Department of Commerce Policies to Promote Domestic Production
of Technologies Developed Under Manufacturing USA Network.--
(1) Policies.--
(A) In general.--Each agency head (as such term is
defined in section 34(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278s(a))) and
the Secretary of Defense shall, in consultation with
the Secretary of Commerce, establish policies to
promote the domestic production of technologies
developed by the Manufacturing USA Network.
(B) Elements.--The policies established under
subparagraph (A) shall include the following:
(i) Measures to partner domestic developers
of goods, services, or technologies by
Manufacturing USA Network activities with
domestic manufacturers and sources of
financing.
(ii) Measures to develop and provide
incentives to promote transfer of intellectual
property and goods, services, or technologies
developed by Manufacturing USA Network
activities to domestic manufacturers.
(iii) Measures to assist with supplier
scouting and other supply chain development,
including the use of the Hollings Manufacturing
Extension Partnership under section 25 of the
National Institute of Standards and Technology
Act (15 U.S.C. 278k) to carry out such
measures.
(iv) A process to review and approve or
deny membership in a Manufacturing USA
institute by foreign-owned entities, especially
from countries of concern, including the
People's Republic of China.
(v) Measures to prioritize Federal
procurement of goods, services, or technologies
developed by the Manufacturing USA Network
activities from domestic sources, as
appropriate.
(C) Processes for waivers.--The policies
established under this paragraph shall include
processes to permit waivers, on a case by case basis,
for policies that promote domestic production based on
cost, availability, severity of technical and mission
requirements, emergency requirements, operational
needs, other legal or international treaty obligations,
or other factors determined important to the success of
the Manufacturing USA Program.
(2) Prohibition.--
(A) In general.--A company of the People's Republic
of China may not participate in the Manufacturing USA
Program without a waiver, as described in paragraph
(1)(C).
(B) Company defined.--In this paragraph, the term
``company'' has the meaning given such term in section
847(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4819
note).
(b) Coordination of Manufacturing USA Institutes.--Subsection (h)
of section 34 of the National Institute of Standards and Technology Act
(15 U.S.C. 278s) is amended by adding at the end the following:
``(7) Council for coordination of institutes.--
``(A) Council.--The National Program Office shall
establish or designate a council of heads of any
Manufacturing USA institute receiving Federal funding
at any time to foster collaboration between
Manufacturing USA institutes.
``(B) Meetings.--The council established or
designated pursuant to subparagraph (A) shall meet not
less frequently than twice each year.
``(C) Duties of the council.--The council
established pursuant to subparagraph (A) shall assist
the National Program Office in carrying out the
functions of the National Program Office under
paragraph (2).''.
(c) Requirement for National Program Office to Develop Strategies
for Retaining Domestic Public Benefit After Cessation of Federal
Funding.--Subparagraph (C) of section 34(h)(2) of the National
Institute of Standards and Technology Act (15 U.S.C. 278s(h)(2)) is
amended by inserting ``, including a strategy for retaining domestic
public benefits from Manufacturing USA institutes once Federal funding
has been discontinued'' after ``Program''.
(d) Modification of Functions of National Program Office to Include
Development of Industry Credentials.--Subparagraph (J) of section
34(h)(2) of the National Institute of Standards and Technology Act (15
U.S.C. 278s(h)(2)) is amended by inserting ``, including the
development of industry credentials'' after ``activities''.
(e) Advice From the United States Manufacturing Council.--The
Secretary shall seek advice from the United States Manufacturing
Council of the International Trade Administration of the Department of
Commerce on matters concerning investment in and support of the
manufacturing workforce within the Manufacturing USA Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Subtitle A--Preliminary Matters
SEC. 10301. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the National Science Foundation, the Department of
Energy and its National Laboratories, and other key Federal
agencies have carried out vital work supporting basic and
applied research to create knowledge that is a key driver of
the economy of the United States and a critical component of
national security;
(2) openness to diverse perspectives and a focus on freedom
from censorship and political bias will continue to make
educational and research institutions in the United States
beacons to thousands of students from across the world;
(3) increasing research and technology transfer
investments, building regional capacity and reducing geographic
disparity, strengthening supply chains, and increasing
capabilities in key technology focus areas will enhance the
competitive advantage and leadership of the United States in
the global economy;
(4) the Federal Government must utilize the full talent and
potential of the entire Nation by avoiding undue geographic
concentration of research and STEM education funding,
encouraging broader participation of populations
underrepresented in STEM, and collaborating with nongovernment
partners to ensure the leadership of the United States in
technological innovation; and
(5) authorization and funding for investments in research,
education, technology transfer, intellectual property,
manufacturing, and other core strengths of the United States
innovation ecosystem, including at the National Science
Foundation and the Department of Energy, should be done on a
bipartisan basis.
SEC. 10302. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the National Science
Board.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) NSF includes.--The term ``NSF INCLUDES'' means the
initiative carried out under section 10323.
(4) STEM ecosystem.--The term ``STEM ecosystem'' means a
local, regional, or statewide network, consortium, or multi-
sector partnership, which may be led or co-led by a nonprofit
organizational entity, that is operating in the United States
with the goal of supporting participation in STEM study,
activities, and career pathways as defined in the CoSTEM Annual
Progress Report of 2020 with a broad range of non-Federal
partners.
SEC. 10303. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Foundation $11,897,480,000 for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $9,050,000,000 is authorized to be appropriated
to carry out research and related activities, of
which--
(i) $55,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $1,500,000,000 is authorized to be
appropriated for the Directorate for
Technology, Innovation, and Partnerships;
(B) $1,950,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $73,700,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $59,500,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $416,300,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program;
(iv) $70,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
(v) $350,000,000 is authorized to be
appropriated for fellowships, traineeships, and
scholarships described in section 10393;
(C) $249,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $76,250,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $620,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $5,090,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $23,390,000 is authorized to be appropriated
for the Office of the Inspector General.
(b) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Foundation $15,646,930,000 for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $12,050,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $60,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,350,000,000 is authorized to be
appropriated for the Directorate for
Technology, Innovation, and Partnerships;
(B) $2,500,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $80,400,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $64,910,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $454,140,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program;
(iv) $72,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
(v) $800,000,000 is authorized to be
appropriated for fellowships, traineeships, and
scholarships described in section 10393;
(C) $355,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $80,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $710,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $5,320,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $26,610,000 is authorized to be appropriated
for the Office of the Inspector General.
(c) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Foundation $16,706,670,000 for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $12,850,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $70,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,550,000,000 is authorized to be
appropriated for the Directorate for
Technology, Innovation, and Partnerships;
(B) $2,700,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $87,100,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $70,320,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $491,990,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program;
(iv) $78,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
(v) $900,000,000 is authorized to be
appropriated for fellowships, traineeships, and
scholarships described in section 10393;
(C) $370,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $85,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $750,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $5,560,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $31,110,000 is authorized to be appropriated
for the Office of the Inspector General.
(d) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Foundation $17,832,420,000 for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $13,800,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $75,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,800,000,000 is authorized to be
appropriated for the Directorate for
Technology, Innovation, and Partnerships;
(B) $2,850,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $93,800,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $75,730,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $529,830,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program;
(iv) $84,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
(v) $950,000,000 is authorized to be
appropriated for fellowships, traineeships, and
scholarships described in section 10393;
(C) $372,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $90,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $770,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $5,810,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $34,610,000 is authorized to be appropriated
for the Office of the Inspector General.
(e) Fiscal Year 2027.--
(1) In general.--There are authorized to be appropriated to
the Foundation $18,919,180,000 for fiscal year 2027.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $14,700,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $80,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $4,100,000,000 is authorized to be
appropriated for the Directorate for
Technology, Innovation, and Partnerships;
(B) $3,000,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $100,500,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $81,140,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $567,680,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program;
(iv) $90,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
(v) $1,000,000,000 is authorized to be
appropriated for fellowships, traineeships, and
scholarships described in section 10393;
(C) $375,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $100,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $800,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $6,070,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $38,110,000 is authorized to be appropriated
for the Office of the Inspector General.
Subtitle B--STEM Education
SEC. 10311. PREK-12 STEM EDUCATION.
(a) National Academies Study.--Not later than 120 days after the
date of enactment of this Act, the Director shall enter into an
agreement with the National Academies to conduct a study to--
(1) review the research literature and identify research
gaps regarding the interconnected factors that foster and
hinder successful implementation of promising, evidence-based
PreK-12 STEM education innovations at the local, regional, and
national level;
(2) present a compendium of promising, evidence-based PreK-
12 STEM education practices, models, programs, and
technologies;
(3) identify barriers to widespread and sustained
implementation of such innovations; and
(4) make recommendations to the Foundation, the Department
of Education, the National Science and Technology Council's
Committee on Science, Technology, Engineering, and Mathematics
Education, State and local educational agencies, and other
relevant stakeholders on measures to address such barriers.
(b) Supporting PreK-12 Informal STEM Opportunities.--Section 3 of
the STEM Education Act of 2015 (42 U.S.C. 1862q) is amended by adding
at the end the following:
``(c) PreK-12 Informal STEM.--
``(1) In general.--The Director of the National Science
Foundation shall make awards, through existing programs where
appropriate to institutions of higher education and nonprofit
organizations (or consortia of such intuitions or
organizations) on a merit-reviewed, competitive basis for
research on effective approaches to engaging students in PreK-
12, including students from groups historically
underrepresented in STEM and rural students.
``(2) Purposes.--The purposes of this subsection are to--
``(A) provide effective, compelling, and engaging
means for teaching and reinforcing fundamental STEM
concepts to PreK-12 students;
``(B) expand the STEM workforce pipeline by
increasing the number of youth in the United States
exposed to STEM from an early age and encourage them to
pursue careers in STEM-related fields; and
``(C) broaden participation of groups historically
underrepresented in STEM and rural students, in the
STEM workforce.
``(3) Use of funds.--
``(A) In general.--Awards made under this
subsection shall support research and development on
innovative before-school, after-school, out-of-school,
or summer activities that are designed to encourage
interest, engagement, and skills development in STEM,
including for students from groups historically
underrepresented in STEM and rural students.
``(B) Permitted activities.--The research and
development activities described in subparagraph (A)
may include--
``(i) the provision of programming
described in such subparagraph for the purpose
of research described in such subparagraph;
``(ii) the use of a variety of engagement
methods, including cooperative and hands-on
learning;
``(iii) exposure of students to role models
in the fields of STEM and near-peer mentors;
``(iv) training of informal learning
educators, youth-serving professionals, and
volunteers who lead informal STEM programs in
using evidence-based methods consistent with
the target student population being served;
``(v) education of students on the
relevance and significance of STEM careers,
provision of academic advice and assistance,
and activities designed to help students make
real-world connections to STEM content;
``(vi) the preparation of students to
attend events, competitions, and academic
programs that provide content expertise and
encourage career exposure in STEM, which may
include the purchase of parts and supplies
needed to prepare for participation in such
competitions;
``(vii) activities designed to engage
parents and families of students in PreK-12 in
STEM;
``(viii) innovative strategies to engage
students, such as using leadership skills and
outcome measures to impart youth with the
confidence to pursue STEM coursework and
academic study;
``(ix) coordination with STEM-rich
environments, including other nonprofit,
nongovernmental organizations, out-of-
classroom settings, institutions of higher
education, vocational facilities, corporations,
museums, or science centers; and
``(x) the acquisition of instructional
materials or technology-based tools to conduct
applicable award activity.
``(4) Application.--An applicant seeking funding under this
subsection shall submit an application at such time, in such
manner, and containing such information as may be required by
the Director. Applications that include or partner with a
nonprofit, nongovernmental organization that has extensive
experience and expertise in increasing the participation of
students in PreK-12 in STEM are encouraged. At a minimum, the
application shall include the following:
``(A) A description of the target audience to be
served by the research activity or activities for which
such funding is sought.
``(B) A description of the process for recruitment
and selection of students to participate in such
activities.
``(C) A description of how such activity or
activities may inform programming that engages students
in PreK-12 in STEM.
``(D) A description of how such activity or
activities may inform programming that promotes student
academic achievement in STEM.
``(E) An evaluation plan that includes, at a
minimum, the use of outcome-oriented measures to
determine the impact and efficacy of programming being
researched.
``(5) Evaluations.--Each recipient of an award under this
subsection shall provide, at the conclusion of every year
during which the award funds are received, a report in a form
prescribed by the Director.
``(6) Encourage applications.--In making awards under this
subsection, the Director shall encourage applications which,
for the purpose of the activity or activities funded through
the award, are from or include eligible nonprofit programs
serving students that attend elementary schools or secondary
schools (including high schools) that--
``(A) are implementing comprehensive support and
improvement activities or targeted support and
improvement activities under paragraph (1) or (2) of
section 1111(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(d)); or
``(B) serve high percentages of students who are
eligible for a free or reduced-price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) (which, in the case of a high school, may
be calculated using comparable data from the schools
that feed into the high school).
``(7) Accountability and dissemination.--
``(A) Evaluation required.--The Director shall
evaluate the activities established under this
subsection. Such evaluation shall--
``(i) use a common set of benchmarks and
tools to assess the results of research
conducted under such awards; and
``(ii) to the extent practicable, integrate
the findings of the research resulting from the
activity or activities funded through the award
with the current research on serving students
with respect to the pursuit of degrees or
careers in STEM, including underrepresented and
rural students, in PreK-12.
``(B) Report on evaluations.--Not later than 180
days after the completion of the evaluation under
subparagraph (A), the Director shall submit to Congress
and make widely available to the public a report that
includes--
``(i) the results of the evaluation; and
``(ii) any recommendations for
administrative and legislative action that
could optimize the effectiveness of the program
under this subsection.
``(8) Coordination.--In carrying out this subsection, the
Director shall, for purposes of enhancing program effectiveness
and avoiding duplication of activities, consult, and coordinate
with other relevant Federal agencies.''.
(c) [Log 907 S2522] National STEM Teacher Corps Pilot.--
(1) Purpose.--It is the purpose of this subsection to
elevate the profession of STEM teaching by establishing a
National STEM Teacher Corps pilot program to recognize
outstanding STEM teachers in our Nation's classrooms, rewards
them for their accomplishments, elevates their public profile,
and creates rewarding career paths to which all STEM teachers
can aspire, both to prepare future STEM researchers and to
create a scientifically literate public.
(2) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Administrator of the National STEM Teacher
Corps.
(B) Eligible entity.--The term ``eligible entity''
means--
(i) an institution of higher education; or
(ii) a consortium consisting of an
institution of higher education and one or more
of the following:
(I) A State educational agency (as
defined in section 8101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)).
(II) A local educational agency (as
defined in section 8101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)).
(III) An education nonprofit
Association.
(IV) A cross sector STEM
organization.
(V) A private entity, including a
STEM-related business.
(C) High-need school.--The term ``high-need
school'' has the meaning given the term in section
2211(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6631(b)).
(D) Professional development.--The term
``professional Development'' has the meaning given the
term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(E) Corps alliance.--The term ``Corps Alliance''
means a regionally or topically based award under this
subsection.
(F) National stem teacher corps advisory board.--
The term ``National STEM Teacher Corps Advisory Board''
means the Advisory Board for the National STEM Teacher
Corps established under paragraph (5).
(3) Establishment of national stem teacher corps.--The
Director may, subject to the availability of appropriations,
establish within the Foundation, a National STEM Teacher Corps
10-year pilot program to be administered by the Administrator,
who shall be appointed by the Director. As appropriate, the
Director may use existing NSF programs to establish and execute
this program.
(4) Duties of the administrator.--The Administrator shall--
(A) create a process and standards for selection of
eligible applicants to become members of the National
STEM Teacher Corps, including--
(i) uniform selection criteria that
includes--
(I) deep knowledge of STEM content
and pedagogy;
(II) a passion for STEM subjects
and dedication to teaching, evidence of
leadership skills, and potential for
continued career growth as an educator;
and
(III) demonstrated experience
increasing STEM student achievement and
STEM participation rates for all
students, particularly those from rural
and high-need schools; and
(ii) a uniform selection process, including
a comprehensive application that includes
recommendations and other relevant professional
information;
(B) promote the National STEM Teacher Corps and
elevate best practices that emerge from the National
STEM Teacher Corps to a national audience;
(C) evaluate the operation and effectiveness of the
Corps alliances; and
(D) evaluate the overall and long-term impact of
the National STEM Teacher Corps by--
(i) documenting, monitoring, and assessing
the program outcomes or impact on the STEM
careers of participants; and
(ii) documenting, monitoring, and assessing
the program outcomes for the STEM education
profession nationwide, particularly for rural
and high-need schools.
(5) National stem teacher corps advisory board.--
(A) Establishment.--There is established a National
STEM Teacher Corps Advisory Board to advise the
Director on matters pertaining to the National STEM
Teacher Corps for the length of the pilot program.
(B) Composition.--
(i) In general.--The membership of the
National STEM Teacher Corps Advisory Board
shall--
(I) be appointed by the Director;
(II) include a representative from
each of the following: School leaders,
STEM researchers, STEM education
researchers, Business leaders, PreK-12
STEM educators, and Students pursuing a
postsecondary STEM degree; and
(III) be geographically diverse.
(ii) Existing committee.--The Director may
assign the duties of the National STEM Teacher
Corps Advisory Board to another advisory
committee of the Foundation.
(6) Duties of the corps alliances.--Subject to the
availability of appropriated funds, the Administrator may make
awards on a competitive, merit-review basis, to establish Corps
alliances at eligible entities. Activities carried out by such
alliances shall include--
(A) engaging local partners, which may include
local educational agencies, institutions of higher
education, STEM organizations, or education nonprofit
organizations, to--
(i) develop and serve the community of
National STEM Teacher Corps members within the
region or topic area, in coordination with
local partners to carry out day-to-day
activities;
(ii) coordinate professional development
activities, including activities led by
National STEM Teacher Corps members;
(iii) connect National STEM Teacher Corps
members with existing educator professional
development programs and coordinate members'
involvement as cooperating teachers or mentors;
(iv) seek opportunities to involve teachers
who are not members of the National STEM
Teacher Corps to participate in National STEM
Teacher Corps activities; and
(v) build partnerships with existing
education organizations and other efforts by
State educational agencies and local
educational agencies that operate programs
relevant to the National STEM Teacher Corps and
its activities;
(B) recruiting eligible applicants, with a focus on
recruiting diverse STEM educators to advance equity
based on race, ethnicity, sex, socioeconomic status,
age, disability status, geography, and language
ability;
(C) screening, interviewing, and selecting members
of the National STEM Teacher Corps using procedures and
standards provided by the Administrator;
(D) coordinating the online network that supports
all National STEM Teacher Corps members in the region
or topic area;
(E) convening occasional meetings of National STEM
Teacher Corps members in a region or topic area;
(F) creating opportunities for the professional
growth of National STEM Teacher Corps members, with a
focus on increasing STEM student achievement and STEM
participation rates for all students, particularly
those from rural and high-need schools; and
(G) supporting the retention and success of
National STEM Teacher Corps members in the region or
topic area.
(7) Duties of members of the national stem teacher corps.--
An applicant that is selected by a Corps alliance to be a
member of the National STEM Teacher Corps shall--
(A) serve a 4-year term with a possibility of
reappointment;
(B) receive an annual stipend in an amount not less
than $10,000; and
(C) have substantial responsibilities, including--
(i) working with other members of the
National STEM Teacher Corps to develop and
improve innovative teaching practices,
including practices such as inquiry-based
learning;
(ii) participating in professional
development in innovative teaching methodology
and mentorship; and
(iii) continuing to excel in teaching the
member's own students, with a focus on
advancing equity by spending additional time
teaching and coaching underserved students to
increase STEM student achievement and STEM
participation rates for students from rural and
high-need schools.
(8) Evaluation.--The Director, acting through the
Administrator, shall submit a report to Congress after the
third year of the pilot program that includes--
(A) an assessment, drawing on the evaluations the
Administrator shall conduct under subparagraphs (C) and
(D) of paragraph (4), and other sources of information,
of the effectiveness of the pilot program in recruiting
and retaining high-quality STEM teachers in the
selected regions or topic areas, particularly in high-
need and rural schools; and
(B) if deemed effective, a proposal to Congress for
permanent implementation of the pilot program.
(9) Sunset.--The authority to carry out this subsection
shall terminate on the date that is 15 years after the date of
enactment of this Act.
(10) Authorization of appropriations.--There are authorized
to be appropriated $60,000,000 for each of fiscal years 2023
through 2032 to carry out this subsection.
SEC. 10312. UNDERGRADUATE STEM EDUCATION.
(a) Research on Stem Education and Workforce Needs.--The Director
shall make awards, on a competitive basis, to four-year institutions of
higher education or nonprofit organizations (or consortia of such
institutions or organizations) to support research and development
activities to--
(1) encourage greater collaboration and coordination
between institutions of higher education and industry to
enhance education, foster hands-on learn experiences, and
improve alignment with workforce needs;
(2) understand the current composition of the STEM
workforce and the factors that influence growth, retention, and
development of that workforce;
(3) increase the size, diversity, capability, and
flexibility of the STEM workforce; and
(4) increase dissemination and widespread adoption of
effective practices in undergraduate education and workforce
development.
(b) Advanced Technological Education Program Update.--Section 3(b)
of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(b)) is amended to read as follows:
``(b) Centers of Scientific and Technical Education.--
``(1) In general.--The Director shall make awards for the
establishment of centers of excellence, in advanced-technology
fields, among associate-degree-granting colleges. Centers shall
meet one or both of the following criteria:
``(A) Exceptional instructional programs in
advanced-technology fields.
``(B) Excellence in undergraduate STEM education.
``(2) Purposes.--The centers shall serve as national and
regional clearinghouses and models for the benefit of both
colleges and secondary schools, and shall provide seminars and
programs to disseminate model curricula and model teaching
methods and instructional materials to other associate-degree-
granting colleges.
``(3) Networks.--The centers may enter into partnerships
with other institutions of higher education, nonprofit
organizations, and stakeholder groups, or a consortium thereof,
to develop networks to--
``(A) coordinate research, training, and education
activities funded by awards under subsection (a);
``(B) share information and best practices; or
``(C) promote collaboration between academic
institutions, workforce development programs, labor
organizations, and industry to communicate and meet
workforce education and training needs.''.
(c) Innovations in STEM Education at Community Colleges.--
(1) In general.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher education
or nonprofit organizations (or consortia of such institutions
or organizations) to advance research on the nature of learning
and teaching at community colleges and to improve outcomes for
students who enter the workforce upon completion of their STEM
degree or credential or transfer to 4-year institutions,
including by--
(A) examining how to scale up successful programs
at community colleges that are improving student
outcomes in foundational STEM courses;
(B) supporting research on effective STEM teaching
practices in community college settings;
(C) designing and developing new STEM curricula;
(D) providing STEM students with hands-on training
and research experiences, internships, and other
experiential learning opportunities;
(E) increasing access to high quality STEM
education through new technologies;
(F) re-skilling or up-skilling incumbent workers
for new STEM jobs;
(G) building STEM career and seamless transfer
pathways; and
(H) developing novel mechanisms to identify and
recruit talent into STEM programs, in particular talent
from groups historically underrepresented in STEM.
(2) Partnerships.--In carrying out activities under this
subsection, the Director shall encourage applications to
develop, enhance, or expand cooperative STEM education and
training partnerships between institutions of higher education,
industry, and labor organizations.
(d) Improving Access to STEM Education at Career and Technical
Education Institutions.--
(1) In general.--The Director shall make awards, on a
competitive basis, to institutions of higher education
(including postsecondary vocational institutions) to support
career and technical education in STEM and computer science
related fields.
(2) Priority.--In making awards under this subsection, the
Director shall give priority to institutions that demonstrate
effective strategies to recruit and provide career and
technical education to veterans and members of the Armed Forces
transitioning to the private sector workforce.
(3) Career and technical education defined.--In this
subsection, the term ``career and technical education'' has the
meaning given that term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(e) Course-based Undergraduate Research Experiences.--
(1) In general.--The Director shall carry out a 4-year
pilot program under which the Director shall make awards, on a
competitive basis, to institutions of higher education and
nonprofit organizations (or consortia of such institutions or
organizations) to establish a total of not fewer than five
Centers to develop and scale up successful models for providing
undergraduate students with hands-on, course-based research
experiences.
(2) Use of funds.--Awards made under this paragraph shall
be used to--
(A) develop, assess, and disseminate models for
providing undergraduate students with course-based
research experiences across STEM disciplines and
education levels;
(B) identify and address opportunities and
challenges in facilitating implementation across a
broad range of institution types, including
historically Black colleges and universities, Tribal
Colleges or Universities, minority serving institutions
and community colleges;
(C) identify and develop best practices to address
barriers for faculty, including institutional culture,
resources, and incentive structures;
(D) identify and address factors that may
facilitate or discourage participation by students from
all backgrounds;
(E) provide faculty with curriculum, professional
development, training, networking opportunities, and
other support to enable the development, adaptation, or
expansion of a course-based research experience; and
(F) collect data and carry out research to evaluate
the impacts of course- based undergraduate research
experiences on the STEM workforce.
(3) Partnerships.--In making awards under this paragraph,
the Director shall consider the extent to which the proposed
Center will establish partnerships among multiple types of
academic institutions, including community colleges, emerging
research institutions, EPSCoR institutions, historically Black
colleges and universities, Tribal Colleges or Universities, and
minority-serving institutions, the private sector, and other
relevant stakeholders in supporting programs and activities to
facilitate faculty training and the widespread and sustained
implementation of promising, evidence-based practices, models,
programs, and curriculum.
(4) Report.--Not later than 180 days after the date on
which the pilot program is completed, the Director shall submit
to Congress a report that includes--
(A) an assessment, that includes feedback from the
research community, of the effectiveness of the pilot
program in increasing the number, diversity, and
workforce readiness of STEM graduates; and
(B) if determined to be effective, a plan for
permanent implementation of the pilot program.
(f) Advanced Technological Manufacturing Act.--
(1) Findings and purpose.--Section 2 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking
``science, mathematics, and technology'' and
inserting ``science, technology, engineering,
and mathematics or STEM'';
(ii) in paragraph (4), by inserting
``educated'' and before ``trained''; and
(iii) in paragraph (5), by striking
``scientific and technical education and
training'' and inserting ``STEM education and
training''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking
``mathematics and science'' and inserting
``STEM fields''; and
(ii) in paragraph (4), by striking
``mathematics and science instruction'' and
inserting ``STEM instruction''.
(2) Modernizing references to stem.--Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i) is amended--
(A) in the section heading, by striking
``scientific and technical education'' and inserting
``stem education'';
(B) in subsection (a)--
(i) in the subsection heading, by striking
``Scientific and Technical Education'' and
inserting ``STEM Education'';
(ii) in the matter preceding paragraph
(1)--
(I) by inserting ``and education to
prepare the skilled technical workforce
to meet workforce demands'' before ``,
and to improve'';
(II) by striking ``core education
courses in science and mathematics''
and inserting ``core education courses
in STEM fields'';
(III) by inserting ``veterans and
individuals engaged in'' before ``work
in the home''; and
(IV) by inserting ``and on building
a pathway from secondary schools to
associate-degree-granting institutions,
to careers that require technical
training'' before ``, and shall be
designed'';
(iii) in paragraph (1)--
(I) by inserting ``and study''
after ``development''; and
(II) by striking ``core science and
mathematics courses'' and inserting
``core STEM courses'';
(iv) in paragraph (2), by striking
``science, mathematics, and advanced-technology
fields'' and inserting ``STEM and advanced-
technology fields'';
(v) in paragraph (3)(A), by inserting ``to
support the advanced- technology industries
that drive the competitiveness of the United
States in the global economy'' before the
semicolon at the end;
(vi) in paragraph (4), by striking
``scientific and advanced- technology fields''
and inserting ``STEM and advanced-technology
fields''; and
(vii) in paragraph (5), by striking
``advanced scientific and technical education''
and inserting ``advanced STEM and advanced-
technology'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in the matter
preceding clause (i), by
striking ``to encourage'' and
all that follows through ``such
means as--'' and inserting ``to
encourage the development of
career and educational pathways
with multiple entry and exit
points leading to credentials
and degrees, and to assist
students pursuing pathways in
STEM fields to transition from
associate-degree-granting
colleges to bachelor- degree-
granting institutions, through
such means as--'';
(bb) in clause (i), by
striking ``to ensure'' and
inserting ``to develop
articulation agreements that
ensure''; and
(cc) in clause (ii), by
striking ``courses at the
bachelor-degree-granting
institution'' and inserting
``the career and educational
pathways supported by the
articulation agreements'';
(II) in subparagraph (B)--
(aa) in clause (i), by
inserting ``veterans and
individuals engaged in'' before
``work in the home'';
(bb) in clause (iii)--
(AA) by striking
``bachelor's-degree-
granting institutions''
and inserting
``institutions or work
sites''; and
(BB) by inserting
``or industry
internships'' after
``summer programs'';
and
(cc) by striking the flush
text following clause (iv); and
(III) by striking subparagraph (C);
(ii) in paragraph (2)--
(I) by striking ``mathematics and
science programs'' and inserting ``STEM
programs'';
(II) by inserting ``and, as
appropriate, elementary schools,''
after ``with secondary schools'';
(III) by striking ``mathematics and
science education'' and inserting
``STEM education'';
(IV) by striking ``secondary school
students'' and inserting ``students at
these schools'';
(V) by striking ``science and
advanced-technology fields'' and
inserting ``STEM and advanced-
technology fields''; and
(VI) by striking ``agreements with
local educational agencies'' and
inserting ``articulation agreements or
dual credit courses with local
secondary schools, or other means as
the Director determines appropriate,'';
and
(iii) in paragraph (3)--
(I) by striking subparagraph (B);
(II) by striking ``shall--''and all
that follows through ``establish a''
and inserting ``shall establish a'';
(III) by striking ``the fields of
science, technology, engineering, and
mathematics'' and inserting ``STEM
fields''; and
(IV) by striking ``; and'' and
inserting ``, including jobs at Federal
and academic laboratories.'';
(D) in subsection (d)(2)--
(i) in subparagraph (D), by striking
``and'' after the semicolon;
(ii) in subparagraph (E), by striking the
period at the end and inserting a ``; and'';
and
(iii) by adding at the end the following:
``(F) as appropriate, applications that apply the
best practices for STEM education and technical skills
education through distance learning or in a simulated
work environment, as determined by research described
in subsection (f); and'';
(E) in subsection (g), by striking the second
sentence;
(F) in subsection (h)(1)--
(i) in subparagraph (A), by striking
``2022'' and inserting ``2026'';
(ii) in subparagraph (B), by striking
``2022'' and inserting ``2026''; and
(iii) in subparagraph (C)--
(I) by striking ``up to
$2,500,000'' and inserting ``not less
than $3,000,000''; and
(II) by striking ``2022'' and
inserting ``2026'';
(G) in subsection (i)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
and
(H) in subsection (j)--
(i) by striking paragraph (1) and inserting
the following:
``(1) the term advanced-technology includes technological
fields such as advanced manufacturing, agricultural-,
biological- and chemical-technologies, energy and environmental
technologies, engineering technologies, information
technologies, micro and nano-technologies, cybersecurity
technologies, geospatial technologies, and new, emerging
technology areas;'';
(ii) in paragraph (4), by striking
``separate bachelor-degree- granting
institutions'' and inserting ``other
entities'';
(iii) by striking paragraph (7);
(iv) by redesignating paragraphs (8) and
(9) as paragraphs (7) and (8), respectively;
(v) in paragraph (7), as redesignated by
clause (iv), by striking ``and'' after the
semicolon;
(vi) in paragraph (8), as redesignated by
clause (iv)--
(I) by striking ``mathematics,
science, engineering, or technology''
and inserting ``science, technology,
engineering, or mathematics''; and
(II) by striking the period at the
end and inserting ``; and''; and
(vii) by adding at the end the following:
``(9) the term skilled technical workforce has the meaning
given such term in section 4(b) of the Innovations in
Mentoring, Training, and Apprenticeships Act (42 U.S.C.
1862p).''.
(3) Authorization of appropriations.--Section 5 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862j) is amended to read as follows:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Director for
carrying out sections 2 through 4 $150,000,000 for each of fiscal years
2023 through 2027.''.
SEC. 10313. GRADUATE STEM EDUCATION.
(a) Mentoring and Professional Development.--
(1) Mentoring plans.--
(A) Update.--Section 7008(a) of the America
Creating Opportunities to Meaningfully Promote
Excellence in Technology, Education, and Science Act
(42 U.S.C. 1862o(a)) is amended by--
(i) inserting ``and graduate student''
after ``postdoctoral''; and
(ii) inserting ``The requirement may be
satisfied by providing such individuals with
access to mentors, including individuals not
listed on the award.'' after ``review
criterion.''.
(B) Evaluation.--Not later than 120 days after the
date of enactment of this Act, the Director shall enter
into an agreement with a qualified independent
organization to evaluate the effectiveness of the
postdoctoral mentoring plan requirement for improving
mentoring for Foundation-supported postdoctoral
researchers.
(2) Career exploration.--
(A) In general.--The Director shall make awards, on
a competitive basis, to institutions of higher
education and nonprofit organizations (or consortia of
such institutions or organizations) to develop
innovative approaches for facilitating career
exploration of academic and nonacademic career options
and for providing opportunity-broadening experiences,
including work-integrated opportunities, for graduate
students and postdoctoral scholars that can then be
considered, adopted, or adapted by other institutions
and to carry out research on the impact and outcomes of
such activities.
(B) Review of proposals.--In selecting award
recipients under this subparagraph, the Director shall
consider, at a minimum--
(i) the extent to which the administrators
of the institution are committed to making the
proposed activity a priority; and
(ii) the likelihood that the institution or
organization will sustain or expand the
proposed activity effort beyond the period of
the award.
(3) Development plans.--The Director shall require that
annual project reports for awards that support graduate
students and postdoctoral scholars include certification by the
principal investigator that each graduate student and
postdoctoral scholar receiving substantial support from such
award, as determined by has developed and annually updated an
individual development plan to map educational goals, career
exploration, and professional development.
(4) Professional development supplement.--The Director
shall carry out a five-year pilot initiative to award up to
2,500 administrative supplements of up to $2,000 to existing
research awards annually, on a competitive basis, to support
professional development experiences for graduate students and
postdoctoral researchers who receive a substantial portion of
their support under such award, as determined by the Director.
Not more than 10 percent of supplements awarded under this
subparagraph may be used to support professional development
experiences for postdoctoral researchers.
(5) Graduate education research.--The Director shall make
awards, on a competitive basis, to institutions of higher
education or nonprofit organizations (or consortia of such
institutions or organizations) to support research on the
graduate education system and outcomes of various interventions
and policies, including--
(A) the effects of traineeships, fellowships,
internships, and teaching and research assistantships
on outcomes for graduate students;
(B) the effects of graduate education and mentoring
policies and procedures on degree completion, including
differences by--
(i) sex, race and ethnicity, and
citizenship; and
(ii) student debt load;
(C) the development and assessment of new or
adapted interventions, including approaches that
improve mentoring relationships, develop conflict
management skills, and promote healthy research teams;
and
(D) research, data collection, and assessment of
the state of graduate student mental health and
wellbeing, factors contributing to and consequences of
poor graduate student mental health, and the
development, adaptation, and assessment of evidence-
based strategies and policies to support emotional
wellbeing and mental health.
(b) Graduate Research Fellowship Program Update.--
(1) Sense of congress.--It is the sense of Congress that
the Foundation should increase the number of new graduate
research fellows supported annually over the next 5 years to no
fewer than 3,000 fellows.
(2) Program update.--Section 10 of the National Science
Foundation Act of 1950 (42 U.S.C. 1869) is amended--
(A) in subsection (a), by inserting ``and as will
address national workforce demand in critical STEM
fields'' after ``throughout the United States'';
(B) in subsection (b), by striking ``of $12,000''
and inserting ``of at least $16,000''; and
(C) by adding at the end the following:
``(c) Outreach.--The Director shall ensure program outreach to
recruit fellowship applicants from fields of study that are in areas of
critical national need from all regions of the country, and from
historically underrepresented populations in STEM.''.
(3) Cybersecurity scholarships and graduate fellowships.--
The Director shall ensure that students pursuing master's
degrees and doctoral degrees in fields relating to
cybersecurity are eligible to apply for scholarships and
graduate fellowships under the Graduate Research Fellowship
Program under section 10 of the National Science Foundation Act
of 1950 (42 U.S.C. 1869).
(c) Study on Graduate Student Funding.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Director shall enter into an
agreement with a qualified independent organization to
evaluate--
(A) the role of the Foundation in supporting
graduate student education and training through
fellowships, traineeships, and other funding models;
and
(B) the impact of different funding mechanisms on
graduate student experiences and outcomes, including
whether such mechanisms have differential impacts on
subsets of the student population.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Director shall publish the results
of the evaluation carried out under paragraph (1), including a
recommendation for the appropriate balance between fellowships,
traineeships, and other funding models.
(d) [LOG 165 H10304(g)/S2208] AI Scholarship-for-Service.--
(1) Definition of executive agency.--In this subsection,
the term ``executive agency'' has the meaning given the term
``Executive agency'' in section 105 of title 5, United States
Code.
(2) AI scholarship-for-service initiative report.--Not
later than 1 year after the date of enactment of this Act, the
Director, in coordination with the Office of Personnel
Management, shall submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Science,
Space, and Technology of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Reform of the House
of Representatives a report on the need and feasibility, and if
appropriate, plans to implement a program to recruit and train
the next generation of artificial intelligence professionals to
meet the needs of Federal, State, local, and Tribal
governments. The report shall include--
(A) recent statistical data on the size,
composition, and educational requirements of the
Federal AI workforce, including an assessment of
current and future demand for additional AI
professionals across the Federal Government;
(B) an assessment of the capacity of institutions
of higher education to produce graduates with degrees,
certifications, and relevant skills related to
artificial intelligence that meet the current and
future needs of the Federal workforce; and
(C) an evaluation of the need for and feasibility
of establishing a scholarship-for-service program to
recruit and train the next generation of artificial
intelligence professionals to meet the needs of
Federal, State, local, and Tribal governments,
including opportunities for leveraging existing
processes and resources for administering the Federal
Cyber Scholarship-for-Service Program established under
section 302 of the Cybersecurity Enhancement Act of
2014 (15 U.S.C. 7442) in standing up such a program.
(3) Program establishment.--Upon submitting the report
required in paragraph (2), the Director, in coordination with
the Director of the Office of Personnel Management, the
Director of the National Institute of Standards and Technology,
and the heads of other agencies with appropriate scientific
knowledge, is authorized to establish a Federal artificial
intelligence scholarship-for-service program (referred to in
this section as the Federal AI Scholarship-for-Service Program)
to recruit and train artificial intelligence professionals to
lead and support the application of artificial intelligence to
the missions of Federal, State, local, and Tribal governments.
(4) Qualified institution of higher education.--The
Director, in coordination with the heads of other agencies with
appropriate scientific knowledge, shall establish criteria to
designate qualified institutions of higher education that shall
be eligible to participate in the Federal AI Scholarship-for-
Service program. Such criteria shall include--
(A) measures of the institution's demonstrated
excellence in the education of students in the field of
artificial intelligence; and
(B) measures of the institution's ability to
attract and retain a diverse and nontraditional student
population in the fields of science, technology,
engineering, and mathematics, which may include the
ability to attract women, minorities, and individuals
with disabilities.
(5) Program description and components.--The Federal AI
Scholarship-for-Service Program shall--
(A) provide scholarships through qualified
institutions of higher education to students who are
enrolled in programs of study at institutions of higher
education leading to degrees or concentrations in or
related to the artificial intelligence field;
(B) provide the scholarship recipients with summer
internship opportunities or other meaningful temporary
appointments in the Federal workforce focusing on AI
projects or research;
(C) prioritize the employment placement of
scholarship recipients in executive agencies;
(D) identify opportunities to promote multi-
disciplinary programs of study that integrate basic or
advanced AI training with other fields of study,
including those that address the social, economic,
legal, and ethical implications of human interaction
with AI systems;
(E) support capacity-building education research
programs that will enable postsecondary educational
institutions to expand their ability to train the next-
generation AI workforce, including AI researchers and
practitioners;
(F) create courses or training programs in
technology ethics for students receiving scholarships;
and
(G) award fellowships to masters and doctoral
students who are pursuing degrees or research in
artificial intelligence and related fields, including
in the field of technology ethics.
(6) Scholarship amounts.--Each scholarship under paragraph
(5) shall be in an amount that covers the student's tuition and
fees at the institution for not more than 3 years and provides
the student with an additional stipend.
(7) Post-award employment obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under the
program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student's degree, in
the AI mission of--
(A) an executive agency;
(B) Congress, including any agency, entity, office,
or commission established in the legislative branch;
(C) an interstate agency;
(D) a State, local, or Tribal government, which may
include instruction in AI-related skill sets in a
public school system; or
(E) a State, local, or Tribal government-affiliated
nonprofit entity that is considered to be critical
infrastructure (as defined in section 1016(e) of the
USA Patriot Act (42 U.S.C. 5195c(e))).
(8) Hiring authority.--
(A) Appointment in excepted service.--
Notwithstanding any provision of chapter 33 of title 5,
United States Code, governing appointments in the
competitive service, an executive agency may appoint an
individual who has completed the eligible degree
program for which a scholarship was awarded to a
position in the excepted service in the executive
agency.
(B) Noncompetitive conversion.--Except as provided
in subparagraph (D), upon fulfillment of the service
term, an employee appointed under subparagraph (A) may
be converted noncompetitively to term, career-
conditional, or career appointment.
(C) Timing of conversion.--An executive agency may
noncompetitively convert a term employee appointed
under subparagraph (B) to a career-conditional or
career appointment before the term appointment expires.
(D) Authority to decline conversion.--An executive
agency may decline to make the noncompetitive
conversion or appointment under subparagraph (B) for
cause.
(9) Eligibility.--To be eligible to receive a scholarship
under this section, an individual shall--
(A) be a citizen or lawful permanent resident of
the United States;
(B) demonstrate a commitment to a career in
advancing the field of AI;
(C) be--
(i) a full-time student in an eligible
degree program at a qualified institution of
higher education, as determined by the
Director;
(ii) a student pursuing a degree on a less
than full-time basis, but not less than half-
time basis; or
(iii) an AI faculty member on sabbatical to
advance knowledge in the field; and
(D) accept the terms of a scholarship under this
section.
(10) Conditions of support.--
(A) In general.--As a condition of receiving a
scholarship under this section, a recipient shall agree
to provide the qualified institution of higher
education with annual verifiable documentation of post-
award employment and up-to-date contact information.
(B) Terms.--A scholarship recipient under this
section shall be liable to the United States as
provided in paragraph (12) if the individual--
(i) fails to maintain an acceptable level
of academic standing at the applicable
institution of higher education, as determined
by the Director;
(ii) is dismissed from the applicable
institution of higher education for
disciplinary reasons;
(iii) withdraws from the eligible degree
program before completing the program;
(iv) declares that the individual does not
intend to fulfill the post- award employment
obligation under this section; or
(v) fails to fulfill the post-award
employment obligation of the individual under
this section.
(11) Monitoring compliance.--As a condition of
participating in the program, a qualified institution of higher
education shall--
(A) enter into an agreement with the Director to
monitor the compliance of scholarship recipients with
respect to their post-award employment obligations; and
(B) provide to the Director, on an annual basis,
the post-award employment documentation required under
paragraph (10) for scholarship recipients through the
completion of their post-award employment obligations.
(12) Amount of repayment.--
(A) Less than 1 year of service.--If a circumstance
described in paragraph (10) occurs before the
completion of 1 year of a post-award employment
obligation under this section, the total amount of
scholarship awards received by the individual under
this section shall--
(i) be repaid; or
(ii) be treated as a loan to be repaid in
accordance with paragraph (13).
(B) 1 or more years of service.--If a circumstance
described in clause (iv) or (v) of paragraph (10)(B)
occurs after the completion of 1 or more years of a
post-award employment obligation under this section,
the total amount of scholarship awards received by the
individual under this section, reduced by the ratio of
the number of years of service completed divided by the
number of years of service required, shall--
(i) be repaid; or
(ii) be treated as a loan to be repaid in
accordance with paragraph (13).
(13) Repayments.--A loan described in paragraph (12)
shall--
(A) be treated as a Federal Direct Unsubsidized
Stafford Loan under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.); and
(B) be subject to repayment, together with interest
thereon accruing from the date of the scholarship
award, in accordance with terms and conditions
specified by the Director (in consultation with the
Secretary of Education).
(14) Collection of repayment.--
(A) In general.--In the event that a scholarship
recipient is required to repay the scholarship award
under this section, the qualified institution of higher
education providing the scholarship shall--
(i) determine the repayment amounts and
notify the recipient and the Director of the
amounts owed; and
(ii) collect the repayment amounts within a
period of time as determined by the Director,
or the repayment amounts shall be treated as a
loan in accordance with paragraph (13).
(B) Returned to treasury.--Except as provided in
subparagraph (C), any repayment under this subsection
shall be returned to the Treasury of the United States.
(C) Retain percentage.--A qualified institution of
higher education may retain a percentage of any
repayment the institution collects under this
subsection to defray administrative costs associated
with the collection. The Director shall establish a
fixed percentage that will apply to all eligible
entities, and may update this percentage as needed, in
the determination of the Director.
(15) Exceptions.--The Director may provide for the partial
or total waiver or suspension of any service or payment
obligation by an individual under this section whenever
compliance by the individual with the obligation is impossible
or would involve extreme hardship to the individual, or if
enforcement of such obligation with respect to the individual
would be unconscionable.
(16) Public information.--
(A) Evaluation.--The Director, in coordination with
the Director of the Office of Personnel Management,
shall annually evaluate and make public, in a manner
that protects the personally identifiable information
of scholarship recipients, information on the success
of recruiting individuals for scholarships under this
section and on hiring and retaining those individuals
in the public sector AI workforce, including
information on--
(i) placement rates;
(ii) where students are placed, including
job titles and descriptions;
(iii) salary ranges for students not
released from obligations under this section;
(iv) how long after graduation students are
placed;
(v) how long students stay in the positions
they enter upon graduation;
(vi) how many students are released from
obligations; and
(vii) what, if any, remedial training is
required.
(B) Reports.--The Director, in coordination with
the Office of Personnel Management, shall submit, not
less frequently than once every 3 years, to the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Science,
Space, and Technology of the House of Representatives,
and the Committee on Oversight and Reform of the House
of Representatives a report, including the results of
the evaluation under subparagraph (A) and any recent
statistics regarding the size, composition, and
educational requirements of the Federal AI workforce.
(C) Resources.--The Director, in coordination with
the Director of the Office of Personnel Management,
shall provide consolidated and user-friendly online
resources for prospective scholarship recipients,
including, to the extent practicable--
(i) searchable, up-to-date, and accurate
information about participating institutions of
higher education and job opportunities related
to the AI field; and
(ii) a modernized description of AI
careers.
(17) Refresh.--Not less than once every 2 years, the
Director, in coordination with the Director of the Office of
Personnel Management, shall review and update the Federal AI
Scholarship-for-Service Program to reflect advances in
technology.
SEC. 10314. STEM WORKFORCE DATA.
(a) Skilled Technical Workforce Portfolio Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall conduct a full
portfolio analysis of the Foundation's skilled technical
workforce investments across all Directorates in the areas of
education, research, infrastructure, data collection, and
analysis.
(2) Report.--Not later than 180 days after the date of the
review under paragraph (1) is complete, the Director shall
submit to Congress and make widely available to the public a
summary report of the portfolio review.
(b) Survey Data.--
(1) Rotating topic modules.--To meet evolving needs for
data on the state of the science and engineering workforce, the
Director shall assess, through coordination with other Federal
statistical agencies and drawing on input from relevant
stakeholders, the feasibility and benefits of incorporating
questions or topic modules to existing National Center for
Science and Engineering Statistics surveys that would vary from
cycle to cycle.
(2) New data.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to Congress
and the Board the results of an assessment, carried out in
coordination with other Federal agencies and with input from
relevant stakeholders, of the feasibility and benefits of
incorporating new questions or topic modules to existing
National Center for Science and Engineering Statistics surveys
on--
(A) the skilled technical workforce;
(B) working conditions and work-life balance;
(C) harassment and discrimination;
(D) immigration and emigration; and
(E) any other topics at the discretion of the
Director.
(3) Longitudinal design.--The Director shall continue and
accelerate efforts to enhance the usefulness of National Center
for Science and Engineering Statistics survey data for
longitudinal research and analysis.
(4) Government accountability office review.--Not later
than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report
to Congress that--
(A) evaluates Foundation processes for ensuring the
data and analysis produced by the National Center for
Science and Engineering Statistics meets current and
future needs; and
(B) includes such recommendations as the
Comptroller General determines are appropriate to
improve such processes.
SEC. 10315. CYBER WORKFORCE DEVELOPMENT RESEARCH AND DEVELOPMENT.
(a) In General.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher education or
nonprofit organizations (or consortia of such institutions or
organizations) to carry out research on the cyber workforce.
(b) Research.--In carrying out research pursuant to subsection (a),
the Director shall support research and development activities to--
(1) understand the current state of the cyber workforce,
including factors that influence growth, retention, and
development of that workforce;
(2) examine paths to entry and re-entry into the cyber
workforce;
(3) understand trends of the cyber workforce, including
demographic representation, educational and professional
backgrounds present, competencies available, and factors that
shape employee recruitment, development, and retention and how
to increase the size, diversity, and capability of the cyber
workforce;
(4) examine and evaluate training practices, models,
programs, and technologies; and
(5) other closely related topics as the Director determines
appropriate.
(c) Requirements.--In carrying out the activities described in
subsection (b), the Director shall--
(1) collaborate with the National Institute of Standards
and Technology, including the National Initiative for
Cybersecurity Education, the Department of Homeland Security,
the Department of Defense, the Office of Personnel Management,
and other Federal departments and agencies, as appropriate;
(2) align with or build on the National Initiative on
Cybersecurity Education Cybersecurity Workforce Framework
wherever practicable and applicable;
(3) leverage the collective body of knowledge from existing
cyber workforce development research and education activities;
and
(4) engage with other Federal departments and agencies,
research communities, and potential users of information
produced under this subsection.
SEC. 10316. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) since cybersecurity risks are constant in the growing
digital world, it is critical that the United States stay ahead
of malicious cyber activity with a workforce that can safeguard
our innovation, research, and work environments; and
(2) Federal investments in the Federal Cyber Scholarship-
for-Service Program at the National Science Foundation play a
critical role in preparing and sustaining a strong, talented,
and much-needed national cybersecurity workforce and should be
strengthened.
(b) In General.--Section 302(b)(1) of the Cybersecurity Enhancement
Act of 2014 (15 U.S.C. 7442(b)(1)) is amended by striking the semicolon
at the end and inserting the following ``and cybersecurity-related
aspects of other related fields as appropriate, including artificial
intelligence, quantum computing and aerospace;''.
SEC. 10317. CYBERSECURITY WORKFORCE DATA INITIATIVE.
The Director, acting through the National Center for Science and
Engineering Statistics established in section 505 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p) and in
coordination with the Director of the National Institute of Standards
and Technology and other appropriate Federal statistical agencies,
shall establish a cybersecurity workforce data initiative that--
(1) assesses the feasibility of providing nationally
representative estimates and statistical information on the
cybersecurity workforce;
(2) utilizes the National Initiative for Cybersecurity
Education (NICE) Cybersecurity Workforce Framework (NIST
Special Publication 800-181), or other frameworks, as
appropriate, to enable a consistent measurement of the
cybersecurity workforce;
(3) utilizes and complements existing data on employer
requirements and unfilled positions in the cybersecurity
workforce;
(4) consults key stakeholders and the broader community of
practice in cybersecurity workforce development to determine
data requirements needed to strengthen the cybersecurity
workforce;
(5) evaluates existing Federal survey data for information
pertinent to developing national estimates of the cybersecurity
workforce;
(6) evaluates administrative data and other supplementary
data sources, as available, to describe and measure the
cybersecurity workforce; and
(7) collects statistical data, to the greatest extent
practicable, on credential attainment and employment outcomes
information for the cybersecurity workforce.
SEC. 10318. MICROELECTRONICS WORKFORCE DEVELOPMENT ACTIVITIES.
(a) Creating Helpful Initiatives to Produce Personnel in Needed
Growth Industries.--
(1) In general.--The Director shall make awards to
institutions of higher education, non-profit organizations, or
consortia thereof, for research, development, and related
activities to advance innovative approaches to developing,
improving, and expanding evidence-based education and workforce
development activities and learning experiences at all levels
of education in fields and disciplines related to
microelectronics.
(2) Purposes.--Activities carried out under this section
shall be for the purpose of supporting the growth, retention,
and development of a diverse and sustainable microelectronics
workforce to meet the requirements of the programs established
in section 9906(c)(2)(C) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 in
support of the evolving needs of industry, academia,
government, and Federal laboratories.
(3) Uses of funds.--Awards made under this section shall be
used to support activities, such as--
(A) development of industry-oriented curricula and
teaching modules for topics relevant to
microelectronics, including those that provide
meaningful hands-on learning experiences;
(B) dissemination of materials developed in
subparagraph (A), including through the creation and
maintenance of a publicly-accessible database and
online portal;
(C) development and implementation of training,
research, and professional development programs for
teachers, including innovative pre-service and in-
service programs, in microelectronics and related
fields;
(D) support for learning activities and experiences
that provide physical, simulated, or remote access to
training facilities and industry-standard processes and
tools, including equipment and software for the design,
development, manufacturing, and testing of
microelectronics;
(E) increasing the integration of microelectronics
content into STEM curricula at all education levels;
(F) Growing academic research capacity in
microelectronics by incentivizing the hiring of faculty
in fields critical to microelectronics;
(G) support for innovative industry pathway
programs that connect high school, vocational,
military, college, and graduate programs; and
(H) providing informal hands-on microelectronics
learning opportunities for PreK-12 students in
different learning environments, including
competitions.
(4) Advanced microelectronics traineeships.--
(A) In general.--The Director shall make awards to
institutions of higher education or nonprofit
organizations (or consortia of such institutions and
organizations) to establish traineeship programs for
graduate students who pursue microelectronics research
leading to a masters or doctorate degree by providing
funding and other assistance, and by providing graduate
students with opportunities for research experiences in
government or industry related to the students'
microelectronics studies.
(B) Use of funds.--Institutions of higher education
or non-profit organizations (or consortia of such
institutions and organizations) shall use award funds
provided under subparagraph (A) for the purposes of--
(i) paying tuition and fees, and providing
stipends, for students receiving traineeships
who are citizens, nationals, or aliens lawfully
admitted for permanent residence;
(ii) facilitating opportunities for
scientific internship programs for students
receiving traineeships in microelectronics at
private industry, nonprofit research
institutions, or Federal laboratories; and
(iii) such other costs associated with the
administration of the program.
(5) Microelectronics skilled technical workforce
programs.--The Director shall make awards under the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C. 1862h-j) to
support programs for skilled technical workers in STEM
disciplines that are aligned with skilled workforce needs of
the microelectronics industry and lead to an associate's
degree, or equivalent certification, by providing funding and
other assistance, including opportunities for internships and
other hands-on experiences in industry related to the students'
microelectronics studies.
(6) Microelectronics research experiences through existing
programs.--The Director shall seek to increase opportunities
for microelectronics research for students and trainees at all
levels by encouraging proposals in microelectronics through
existing programs including--
(A) research experiences for undergraduates
pursuant to section 514 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-6);
(B) postdoctoral fellowship programs established
pursuant to section 522 of the America COMPETES Act of
2010 (42 U.S.C. 1862p-11);
(C) graduate fellowships established pursuant to
section 10 of the National Science Foundation Act of
1950 (42 U.S.C. 1869);
(D) informal STEM education programs established
pursuant to section 3 of the STEM Education Act of 2015
(42 U.S.C. 1862q);
(E) the Robert Noyce Teacher Scholarship Program
established pursuant to section 10 of the National
Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n-1);
(F) major research instrumentation programs
established pursuant to section 7036 of the America
COMPETES Act (42 U.S.C. 1862o-14); and
(G) low-income scholarship program established
pursuant to section 414(d) of the American
Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c).
(7) Industry partnerships.--In carrying out the activities
under this section, the Director shall encourage awardees to
partner with industry and other private sector organizations to
facilitate the expansion of workforce pipelines and enable
access to industry-standard equipment and software for use in
undergraduate and graduate microelectronics education programs.
(8) Interagency coordination.--In carrying out activities
under this section, the Director shall collaborate with the
Subcommittee on Microelectronics Leadership of the National
Science and Technology Council, established in subsection (a)
of section 9906 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 and the National
Semiconductor Technology Center established in subsection (c)
of section 9906 of such Act, and other relevant Federal
agencies to maintain the effectiveness of microelectronics
workforce development activities across the agencies.
(b) National Network for Microelectronics Education.--
(1) In general.--The Director, in coordination with the
Secretary of Commerce, shall on a competitive, merit-reviewed
basis, make awards to institutions of higher education and non-
profit organizations (or consortia of such institutions and
organizations) to establish partnerships to enhance and broaden
participation in microelectronics education.
(2) Activities.--Awards made under this subsection shall be
used for the following:
(A) To conduct training and education activities
funded by awards under paragraph (1) and in
coordination with the Network Coordination Hub
established in paragraph (3), including curricula
design, development, dissemination, and assessment, and
the sharing of information and best practices across
the network of awardees.
(B) To develop regional partnerships among
associate-degree-granting colleges, bachelor-degree-
granting institutions, workforce development programs,
labor organizations, and industry to create a diverse
national technical workforce trained in
microelectronics and ensure education and training is
meeting the evolving needs of industry.
(C) To develop local workforce pipelines that align
with capacity investments made by industry and the
Federal government, including vocational and high
school training programs, community college degrees and
certificates, veteran post service opportunities, and
mentoring.
(D) To facilitate partnerships with employers,
employer consortia or other private sector
organizations that offer apprenticeships, internships,
or applied learning experiences in the field of
microelectronics.
(E) To develop shared infrastructure available to
institutions of higher education, two-year colleges,
and private organizations to enable experiential
learning activities and provide physical or digital
access to training facilities and industry-standard
tools and processes.
(F) To create and disseminate public outreach to
support awareness of microelectronics education and
career opportunities, including through outreach to
PreK-12 schools and STEM-related organizations.
(G) To collaborate and coordinate with industry and
existing public and private organizations conducting
microelectronics education and workforce development
activities, as practicable.
(3) Network coordination hub.--The Director shall make an
award on a competitive, merit-reviewed basis to an institution
of higher education or nonprofit organization (or a consortium
thereof) to establish a national network of partnerships
(referred to in this section as the ``National Network for
Microelectronics Education'') to coordinate activities, best
practice sharing, and access to facilities across the
partnerships established in accordance with paragraph (1).
(4) Incentivizing participation.--To the extent
practicable, the Director shall encourage participation in the
National Network for Microelectronics Education through the
coordination of activities and distribution of awards described
in subsection (a).
(5) Partnerships.--The Director shall encourage the
submission of proposals that are led by historically Black
colleges and universities, Tribal Colleges or Universities, and
minority-serving institutions or that include partnerships with
or among such institutions to increase the recruitment of
students from groups historically underrepresented in STEM to
pursue graduate studies in microelectronics.
(6) Outreach.--In addition to any other requirements as
determined appropriate by the Director, the Director shall
require that proposals for awards under this section shall
include a description of how the applicant will develop and
implement outreach activities to increase the participation of
women and other students from groups historically
underrepresented in STEM.
(7) Coordination across foundation programs.--In carrying
out the activities under this section, the Director shall
ensure awardees coordinate with, and avoid unnecessary
duplication of, the activities carried out under this Section
with the activities of the 21st Century Nanotechnology Research
and Development Act (Public Law 108-153), the National Quantum
Initiative Act (Public Law 115-368), and Division E of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021, and other related programs, as
appropriate.
(8) Interagency coordination.--In carrying out activities
under this section, the Director shall collaborate with the
Subcommittee on Microelectronics Leadership of the National
Science and Technology Council, established in subsection (a)
of section 9906 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 and the National
Semiconductor Technology Center established in subsection (c)
of section 9906 of such Act.
SEC. 10319. INCORPORATION OF ART AND DESIGN INTO CERTAIN STEM
EDUCATION.
(a) National Science Foundation Authorization Act.--Section 9(a) of
the National Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n(a)) is amended in paragraph (3)--
(1) in subparagraph (M), by striking ``and'' at the end;
(2) by redesignating subparagraph (N) as subparagraph (O);
and
(3) after subparagraph (M), by inserting the following new
subparagraph:
``(N) developing science, technology, engineering,
and mathematics educational curriculum that
incorporates art and design to promote creativity and
innovation; and''.
(b) STEM Education Act [Log 169 H10304(k)].--Section 3 of the STEM
Education Act of 2015 (42 U.S.C. 1862q) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the integration of art and design in STEM educational
programs.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) design and testing of programming that integrates art
and design in STEM education to promote creativity and
innovation.''.
SEC. 10320. MANDATORY COST-SHARING.
(a) Waiver.--The cost-sharing requirements under section 7036(c) of
the America Creating Opportunities to Meaningfully Promote Excellence
in Technology, Education, and Science Act (42 U.S.C. 1862o-14(c)) for
the Major Research Instrumentation Program and under section 10A(i) of
the National Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n-1a(i)) for teaching fellowships administered within the Robert
Noyce Teacher Scholarship Program are waived for a period of 5 years
following the date of enactment of this Act.
(b) Assessment.--Not later than 5 years following the date of
enactment of this Act, the Director shall submit to Congress an
assessment, that includes feedback from the research community, of the
impacts of the waivers provided under subsection (a), including--
(1) programmatic and scientific goals;
(2) institutional commitment and stewardship of Federal
resources;
(3) institutional strategic planning and administrative
burden;
(4) equity among recipient institutions; and
(5) recommendations for or against extending or making
permanent such waivers.
SEC. 10321. PROGRAMS TO ADDRESS THE STEM WORKFORCE.
(a) In General.--The Director shall issue undergraduate
scholarships, including at community colleges, graduate fellowships and
traineeships, postdoctoral awards, and, as appropriate, other awards,
to address STEM workforce gaps, including for programs that recruit,
retain, and advance students to a bachelor's degree in a STEM
discipline concurrent with a secondary school diploma, such as through
existing and new partnerships with State educational agencies.
(b) Postdoctoral Professional Development.--In carrying out this
section, the Director shall encourage innovation in postdoctoral
professional development, support the development and diversity of the
STEM workforce, and study the impacts of such innovation and support.
To do so, the Director may use postdoctoral awards established under
subsection (a) or leveraged under subsection (d)(1) for fellowships or
other temporary rotational postings of not more than 2 years. Such
fellowships or temporary rotational postings shall be awarded--
(1) to qualified individuals who have a doctoral degree and
received such degree not earlier than 5 years before the date
that the fellowship or temporary rotational posting begins; and
(2) to carry out research at Federal, State, local, and
Tribal government research facilities.
(c) Direct Hire Authority.--
(1) In general.--The head of any Federal agency may
appoint, without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, other than sections
3303 and 3328 of that title, a qualified candidate described in
paragraph (2) directly to a position in the competitive service
with the Federal agency for which the candidate meets Office of
Personnel Management qualification standards.
(2) Fellowship or temporary rotational posting.--Paragraph
(1) applies with respect to a former recipient of an award
under this subsection who--
(A) earned a doctoral degree in a STEM field from
an institution of higher education; and
(B) successfully fulfilled the requirements of the
fellowship or temporary rotational posting within a
Federal agency.
(3) Limitation.--The direct hire authority under this
subsection shall be exercised with respect to a specific
qualified candidate not later than 2 years after the date that
the candidate completed the requirements related to the
fellowship or temporary rotational posting described under this
subsection.
(d) Existing Programs.--In carrying out this section, the Director
may leverage existing programs, including programs that issue--
(1) postdoctoral awards;
(2) graduate fellowships and traineeships, inclusive of the
NSF Research Traineeships and fellowships awarded under the
Graduate Research Fellowship Program;
(3) scholarships, research experiences, and internships,
including--
(A) scholarships to attend community colleges; and
(B) research experiences and internships under
sections 513, 514, and 515 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-5; 1862p-
6; 42 U.S.C. 1862p-7); and
(4) awards to institutions of higher education to enable
the institutions to fund innovation in undergraduate and
graduate education, increased educational capacity, and the
development and establishment of new or specialized programs of
study for graduate, undergraduate, or technical college
students, and the evaluation of the effectiveness of the
programs of study.
Subtitle C--Broadening Participation
SEC. 10321. PRESIDENTIAL AWARDS FOR EXCELLENCE IN MATHEMATICS AND
SCIENCE.
(a) In General.--Section 117(a) of the National Science Foundation
Authorization Act of 1988 (42 U.S.C. 1881b(a)) is amended--
(1) in subparagraph (B)--
(A) by striking ``108'' and inserting ``110'';
(B) by striking clause (iv);
(C) in clause (v), by striking the period at the
end and inserting ``; and'';
(D) by redesignating clauses (i), (ii), (iii), and
(v) as subclauses (I), (II), (III), and (IV),
respectively, and moving the margins of such subclauses
(as so redesignated) two ems to the right; and
(E) by striking ``In selecting teachers'' and all
that follows through ``two teachers--'' and inserting
the following:
``(C) In selecting teachers for an award authorized
by this subsection, the President shall select--
``(i) at least two teachers--''; and
(2) in subparagraph (C), as so designated by paragraph
(1)(E) of this subsection, by adding at the end the following:
``(ii) at least one teacher--
``(I) from the Commonwealth of the
Northern Mariana Islands;
``(II) from American Samoa;
``(III) from the Virgin Islands of
the United States; and
``(IV) from Guam.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to awards made on or after the date of the enactment
of this Act.
SEC. 10322. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM UPDATE.
(a) Sense of Congress.--It is the sense of Congress that over the
next five years the Foundation should increase the number of
scholarships awarded under the Robert Noyce Teacher Scholarship program
established under section 10 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1) by 50 percent.
(b) Outreach.--To increase the diversity of participants, the
Director shall support symposia, forums, conferences, and other
activities to expand and enhance outreach to--
(1) historically Black colleges and universities;
(2) Tribal Colleges or Universities;
(3) minority-serving institutions;
(4) institutions of higher education that are located near
or serve rural communities, including EPSCoR institutions;
(5) labor organizations;
(6) emerging research institutions; and
(7) higher education programs that serve or support
veterans.
SEC. 10323. NSF EDDIE BERNICE JOHNSON INCLUDES INITIATIVE.
(a) In General.--The Director shall make awards, on a competitive
basis, to institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to carry out a
comprehensive national initiative to facilitate the development of
networks and partnerships to build on and scale up effective practices
in broadening participation in STEM studies and careers of groups
historically underrepresented in such studies and careers.
(b) Change of Name.--The initiative under subsection (a) shall be
known as the ``Eddie Bernice Johnson Inclusion across the Nation of
Communities of Learners of Underrepresented Discoverers in Engineering
and Science Initiative'' or the ``Eddie Bernice Johnson INCLUDES
Initiative''.
SEC. 10324. BROADENING PARTICIPATION ON MAJOR FACILITIES AWARDS.
The Director shall require organizations seeking a cooperative
agreement for the management of the operations and maintenance of a
Foundation project to demonstrate prior experience and current
capabilities in or to have a plan for employing best practices in
broadening participation in science and engineering and ensure
implementation of such practices is considered in oversight of the
award.
SEC. 10325. EXPANDING GEOGRAPHIC AND INSTITUTIONAL DIVERSITY IN
RESEARCH.
(a) Continuing Support for EPSCoR .--
(1) Sense of congress.--It is the sense of Congress that--
(A) because maintaining the Nation's scientific and
economic leadership requires the participation of
talented individuals nationwide, EPSCoR investments
into State research and education capacities are in the
Federal interest and should be sustained;
(B) EPSCoR should maintain its experimental
component by supporting innovative methods for
improving research capacity and competitiveness; and
(C) the Director should carry out this subsection
while maintaining or increasing proposal success rates
at emerging research institutions throughout the United
States and without precluding access to awards for such
institutions.
(2) Update of epscor.--Section 517(f)(2) of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2))
is amended--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) to increase the capacity of rural communities
to provide quality STEM education and STEM workforce
development programming to students, and teachers;
and''.
(3) Geographic diversity and inclusion.--
(A) In general.--To the maximum extent practicable,
not less than--
(i) 15.5 percent in fiscal year 2023,
(ii) 16 percent in fiscal year 2024,
(iii) 16.5 percent in fiscal year 2025,
(iv) 17 percent in fiscal year 2026,
(v) 18 percent in fiscal year 2027,
(vi) 19 percent in fiscal year 2028, and
(vii) 20 percent in fiscal year 2029,
of the amounts appropriated to the Foundation for
research and related activities, and science,
mathematics, and engineering education and human
resources programs and activities, excluding those
amounts made available for polar research and
operations support (and operations and maintenance of
research facilities), shall be awarded to EPSCoR
institutions.
(B) Scholarships.--To the maximum extent
practicable, not less than--
(i) 16 percent in fiscal year 2023,
(ii) 18 percent in fiscal year 2024, and
(iii) 20 percent in each of fiscal years
2025 through 2029,
of the amounts appropriated to the Foundation for
scholarships (including at community colleges),
graduate fellowships and traineeships, and postdoctoral
awards shall be used to support EPSCoR institutions.
(C) Considerations.--The Director shall consider
prioritizing funding and activities that enable
sustainable growth in the competitiveness of EPSCoR
jurisdictions, including--
(i) infrastructure investments to build
research capacity in EPSCoR jurisdictions;
(ii) scholarships, fellowships, and
traineeships within new and existing programs,
to promote the development of sustainable
research and academic personnel;
(iii) partnerships between eligible
organizations in EPSCoR and non-EPSCoR
jurisdictions, to develop administrative, grant
management, and proposal writing capabilities
in EPSCoR jurisdictions;
(iv) capacity building activities for
emerging research institutions, historically
Black colleges and universities, Tribal
Colleges or Universities, and minority serving
institutions, consistent with this section and
section 10524 of this division; and
(v) leveraging the Partnerships for
Innovation program, as well as the Foundation
coordination role in the Department of Commerce
technology and innovation hub program under
section 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 as added by section
10621, to build sustainable innovation
ecosystems in EPSCoR jurisdictions.
(D) Merit review.--The Director shall achieve the
percentages specified in this paragraph to the maximum
extent practicable, consistent with the National
Science Foundation merit review process.
(E) Consortia.--In the case of an award to a
consortium, the Director may count the entire award
toward meeting the funding requirements of subparagraph
(A) if the lead entity of the consortium is located in
an EPSCoR institution
(F) Annual reporting.--Beginning with the fiscal
year 2023, the Director shall submit to Congress a
report describing--
(i) the Foundation's implementation of this
paragraph;
(ii) progress in building research
capacity, including both infrastructure and
personnel, in EPSCoR jurisdictions, including
at historically Black colleges and
universities, Tribal Colleges or Universities,
minority-serving institutions, and emerging
research institutions; and
(iii) if the Foundation does not meet the
requirement described in subparagraph (A), an
explanation relating thereto and a plan for
compliance in the following fiscal year and
remediation.
(G) Analysis and sustainability report.--Not later
than December 31, 2026, the Director shall submit to
Congress a report containing an analysis of the impacts
of the requirements under subparagraphs (A) and (B).
The report shall include--
(i) an analysis of how the requirements
under this paragraph affected the balance of
total funding awarded by the Foundation to
states and territories across the United
States;
(ii) an analysis of any changes in award
success and total funding awarded to
Historically black colleges and universities,
Tribal Colleges or Universities, minority-
serving institutions, and emerging research
institutions between the date of enactment and
December 31, 2026;
(iii) an analysis of the gains in academic
research capacity, quality, and competitiveness
and in science and technology human resource
development in EPSCoR jurisdictions made
between the enactment of this Act and December
31, 2026;
(iv) an assessment of EPSCoR eligibility
criteria and determination on whether new
eligibility criteria should be developed based
on the findings from clauses (i), (ii), and
(iii); and
(v) a plan to sustain and grow improvements
in research capacity and competitiveness in
EPSCoR jurisdictions.
(H) EPSCoR eligibility.--
(i) In general.--The Director shall ensure
eligibility for current EPSCoR jurisdictions
for five years from the date of enactment of
this Act, after which the Director shall
determine whether new eligibility criteria
should be developed based on the findings in
the report required under subparagraph (G).
(ii) Report.--Not later than December 31,
2028, the Director shall report to Congress
regarding any new eligibility criteria
determined under clause (i), any changes to
jurisdictional eligibility based on such
criteria, and the necessity and practicality of
continuing or modifying the requirement under
subparagraph (A) given any such changes to
eligibility. The report shall include an
analysis of options to support regions in non-
EPSCoR jurisdictions, adjacent to EPSCoR
jurisdictions, that historically receive
disproportionately low levels of funding from
the Foundation, including, if appropriate,
options to expand the EPSCoR program or to
establish new programs.
(b) Fostering Stem Research Diversity and Capacity Program.--
(1) In general.--The Director shall make awards on a
competitive, merit-reviewed basis to eligible institutions to
implement and study innovative approaches for building research
capacity in order to engage and retain students from a range of
institutions and diverse backgrounds in STEM.
(2) Eligible institution defined.--In this subsection the
term ``eligible institution'' means an institution of higher
education that, according to the data published by the National
Center for Science and Engineering Statistics, is not, on
average, among the top 100 institutions in Federal research and
development expenditures during the 3-year period prior to the
year of the award.
(3) Purpose.--The activities under this subsection shall be
focused on achieving simultaneous impacts at the student,
faculty, and institutional levels by increasing the research
capacity at eligible institutions and the number of
undergraduate and graduate students pursuing STEM degrees from
eligible institutions.
(4) Requirements.--In carrying out this program, the
Director shall--
(A) require eligible institutions seeking funding
under this subsection to submit an application to the
Director at such time, in such manner, containing such
information and assurances as the Director may require.
The application shall include, at a minimum a
description of how the eligible institution plans to
sustain the proposed activities beyond the duration of
the award;
(B) require applicants to identify disciplines and
focus areas in which the eligible institution can
excel, and explain how the applicant will use the award
to build capacity to bolster the institutional research
competitiveness of eligible entities to support awards
made by the Foundation and increase regional and
national capacity in STEM;
(C) require the awards funded under this subsection
to support research and related activities, which may
include--
(i) development or expansion of research
programs in disciplines and focus areas in
subparagraph (B);
(ii) faculty recruitment and professional
development in disciplines and focus areas in
subparagraph (B), including for early-career
researchers;
(iii) stipends for undergraduate and
graduate students participating in research in
disciplines and focus areas in subparagraph
(B);
(iv) acquisition of instrumentation
necessary to build research capacity at an
eligible institution in disciplines and focus
areas in subparagraph (B);
(v) an assessment of capacity-building and
research infrastructure needs;
(vi) administrative research development
support; and
(vii) other activities necessary to build
research capacity; and
(D) require that no eligible institution should
receive more than $10,000,000 in any single year of
funds made available under this section.
(5) Additional considerations.--In making awards under this
subsection, the Director may also consider--
(A) the extent to which the applicant will support
students from diverse backgrounds, including first-
generation undergraduate students;
(B) the geographic and institutional diversity of
the applying institutions; and
(C) how the applicants can leverage public-private
partnerships and existing partnerships with Federal
Research Agencies.
(6) Duplication.--The Director shall ensure the awards made
under this subsection are complementary and not duplicative of
existing programs.
(7) Report.--The Director shall submit a report to Congress
after the third year of the program that includes--
(A) an assessment of the effectiveness of the
program for growing the geographic and institutional
diversity of institutions of higher education receiving
research awards from the Foundation;
(B) an assessment of the quality, quantity, and
geographic and institutional diversity of institutions
of higher education conducting Foundation- sponsored
research since the establishment of the program in this
subsection;
(C) an assessment of the quantity and diversity of
undergraduate and graduate students graduating from
eligible institutions with STEM degrees; and
(D) statistical summary data on the program,
including the geographic and institutional allocation
of award funding, the number and diversity of supported
graduate and undergraduate students, and how it
contributes to capacity building at eligible entities.
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Director $150,000,000 for each of the
fiscal years 2023 through 2027 to carry out the activities
under this subsection.
(c) Partnerships With Emerging Research Institutions.--
(1) In general.--The Director shall establish a five-year
pilot program for awards to research partnerships that involve
emerging research institutions and may involve institutions
classified as very high research activity by the Carnegie
Classification of Institutions of Higher Education at the time
of application.
(2) Requirements.--In carrying out this program, the
Director shall--
(A) require that each proposal submitted by a
multi-institution collaboration for an award, including
those under subtitle G of this title, that exceeds
$1,000,000, as appropriate, specify how the applicants
will support substantive, meaningful, sustainable, and
mutually beneficial partnerships with one or more
emerging research institutions;
(B) require recipients funded under this subsection
to direct no less than 35 percent of the total award to
one or more emerging research institutions;
(C) require recipients funded under this subsection
to report on the partnership activities as part of the
annual reporting requirements of the Foundation; and
(D) solicit feedback on the partnership directly
from partner emerging research institutions, in such
form as the Director deems appropriate.
(3) Capacity building.--Funds awarded to emerging research
institutions under this subsection may be used to build
research capacity, including through support for faculty
salaries and training, field and laboratory research
experiences for undergraduate and graduate students, and
maintenance and repair of research equipment and
instrumentation.
(4) Report.--The Director shall submit a report to Congress
after the third year of the pilot program that includes--
(A) an assessment, drawing on feedback from the
research community and other sources of information, of
the effectiveness of the pilot program for improving
the quality of partnerships with emerging research
institutions; and
(B) if deemed effective, a plan for permanent
implementation of the pilot program.
SEC. 10326. DIVERSITY IN TECH RESEARCH.
The Director shall make awards, on a competitive basis, to
institutions of higher education or nonprofit organizations (or
consortia of such institutions or organizations) to support basic,
applied, and use-inspired research that yields a scientific evidence
base for improving the design and emergence, development and
deployment, and management and ultimate effectiveness of entities
involved in technology research, including research related to
diversity and inclusion in the technology sector.
SEC. 10327. CHIEF DIVERSITY OFFICER OF THE NSF.
(a) Chief Diversity Officer.--
(1) Appointment.--The Director shall appoint a senior
agency official within the Office of the Director as a Chief
Diversity Officer.
(2) Qualifications.--The Chief Diversity Officer shall have
significant experience, within the Federal Government and the
science community, with diversity- and inclusion-related
matters, including--
(A) civil rights compliance;
(B) harassment policy, reviews, and investigations;
(C) equal employment opportunity; and
(D) disability policy.
(b) Duties.--The Chief Diversity Officer is responsible for
providing advice on policy, oversight, guidance, and coordination with
respect to matters of the Foundation related to diversity and
inclusion, including ensuring the geographic diversity of the
Foundation programs. Other duties may include--
(1) establishing and maintaining a strategic plan that
publicly states a diversity definition, vision, and goals for
the Foundation;
(2) defining a set of strategic metrics that are--
(A) directly linked to key organizational
priorities and goals;
(B) actionable; and
(C) actively used to implement the strategic plan
under paragraph (1);
(3) advising in the establishment of a strategic plan for
diverse participation by individuals and institutions of higher
education, including community colleges, historically Black
colleges and universities, Tribal Colleges or Universities,
minority serving institutions, institutions of higher education
with an established STEM capacity building program focused on
Native Hawaiians or Alaska Natives, and EPSCoR institutions);
(4) advising in the establishment of a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented populations;
(5) advising on a diversity and inclusion strategy for the
Foundation's portfolio of PreK-12 STEM education focused
programs and activities, including goals for addressing
barriers to participation;
(6) advising on the application of the Foundation's broader
impacts review criterion; and
(7) performing such additional duties and exercise such
powers as the Director may prescribe.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of fiscal
years 2023 through 2027.
SEC. 10328. RESEARCH AND DISSEMINATION TO INCREASE THE PARTICIPATION OF
WOMEN AND UNDERREPRESENTED MINORITIES IN STEM FIELDS.
(a) In General.--The Director shall make awards on a competitive,
merit-reviewed basis, to institutions of higher education or non-profit
organizations (or consortia of such institutions or organizations), to
enable such entities to increase the participation of women and
underrepresented minorities in STEM studies and careers.
(b) Use of Funds.--An eligible entity that receives an award under
this subsection shall use such award funds to carry out one or more of
the following activities designed to increase the participation of
women or minorities historically underrepresented in STEM, or both:
(1) Research to analyze the record-level data collected
under sections 10502 and 10504, consistent with policies to
ensure the privacy of individuals identifiable by such data.
(2) Research to study best practices for work-life
accommodation.
(3) Research to study the impact of policies and practices
that are implemented or are otherwise consistent with the
purposes of this section.
(4) Mentoring programs that facilitate engagement of STEM
professionals with students.
(5) Research experiences for undergraduate and graduate
students in STEM fields.
(6) Outreach to elementary school and secondary school
students to provide opportunities to increase their exposure to
STEM fields.
(c) Dissemination Activities.--The Director shall carry out
dissemination activities consistent with the purposes of this section,
including--
(1) collaboration with other Federal research agencies and
professional associations to exchange best practices, harmonize
work-life accommodation policies and practices, and overcoming
common barriers to work-life accommodation; and
(2) collaboration with institutions of higher education in
order to clarify and catalyze the adoption of a coherent and
consistent set of work-life accommodation policies and
practices.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023, 2024, 2025, 2026, and 2027.
SEC. 10329. ACTIVITIES TO EXPAND STEM OPPORTUNITIES.
(a) National Science Foundation Support for Increasing Diversity
Among Stem Faculty at Institutions of Higher Education.--Section 305 of
the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Support for Increasing Diversity Among Stem Faculty at
Institutions of Higher Education.--
``(1) In general.--The Director of the Foundation shall
make awards to institutions of higher education (or consortia
thereof) for the development and assessment of innovative
reform efforts designed to increase the recruitment, retention,
and advancement of individuals from underrepresented minority
groups in academic STEM careers, which may include implementing
or expanding successful evidence-based practices.
``(2) Merit review; competition.--Awards shall be made
under this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by awards under
this subsection may include--
``(A) institutional assessment activities, such as
data analyses and policy review, in order to identify
and address specific issues in the recruitment,
retention, and advancement of faculty members from
underrepresented minority groups;
``(B) assessments of distribution of mentoring and
advising responsibilities among faculty, particularly
for faculty from underrepresented minority groups, that
may detract from time spent on research, publishing
papers, and other activities required to achieve tenure
status or promotion (or equivalents for non-tenure
track faculty) and run a productive research program;
``(C) development and assessment of training
courses for administrators and search committee members
designed to ensure unbiased evaluation of candidates
from underrepresented minority groups;
``(D) development and hosting of intra- or inter-
institutional workshops to propagate best practices in
recruiting, retaining, and advancing faculty members
from underrepresented minority groups;
``(E) professional development opportunities for
faculty members from underrepresented minority groups;
``(F) activities aimed at making undergraduate STEM
students from underrepresented minority groups aware of
opportunities for academic careers in STEM fields; and
``(G) activities to identify and engage exceptional
graduate students and postdoctoral researchers from
underrepresented minority groups at various stages of
their studies and to encourage them to enter academic
careers.
``(4) Selection process.--
``(A) Application.--An institution of higher
education (or a consortium of such institutions)
seeking funding under this subsection shall submit an
application to the Director of the Foundation at such
time, in such manner, and containing such information
and assurances as such Director may require. The
application shall include, at a minimum, a description
of--
``(i) the reform effort that is being
proposed for implementation by the institution
of higher education;
``(ii) any available evidence of specific
difficulties in the recruitment, retention, and
advancement of faculty members from
underrepresented minority groups in STEM
academic careers within the institution of
higher education submitting an application, and
how the proposed reform effort would address
such issues;
``(iii) support for the proposed reform
effort by administrators of the institution,
which may include details on previous or
ongoing reform efforts;
``(iv) how the proposed reform effort may
contribute to change in institutional culture
and policy such that a greater value is placed
on the recruitment, retention, and advancement
of faculty members from underrepresented
minority groups;
``(v) how the institution of higher
education submitting an application plans to
sustain the proposed reform effort beyond the
duration of the award, if the effort proved
successful; and
``(vi) how the success and effectiveness of
the proposed reform effort will be evaluated
and assessed in order to contribute to the
national knowledge base about models for
catalyzing institutional change.
``(B) Award distribution.--The Director of the
Foundation shall ensure, to the extent practicable,
that awards under this section are made to a variety of
types of institutions of higher education.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$8,000,000 for each of fiscal years 2023 through 2027.''.
(b) National Science Foundation Support for Broadening
Participation in Undergraduate Stem Education.--Section 305 of the
American Innovation and Competitiveness Act (42 U.S.C. 1862s-5), as
amended by subsection (b), is further amended by inserting after
subsection (e) the following:
``(f) Support for Broadening Participation in Undergraduate Stem
Education.--
``(1) In general.--The Director of the Foundation shall
make awards to institutions of higher education (or a
consortium of such institutions) to implement or expand
research-based reforms in undergraduate STEM education for the
purpose of recruiting and retaining students from minority
groups who are underrepresented in STEM fields.
``(2) Merit review; competition.--Awards shall be made
under this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by awards under
this subsection may include--
``(A) implementation or expansion of innovative,
research-based approaches to broaden participation of
underrepresented minority groups in STEM fields;
``(B) implementation or expansion of successful,
research-based bridge, cohort, tutoring, or mentoring
programs, including those involving community colleges
and technical schools, designed to enhance the
recruitment and retention of students from
underrepresented minority groups in STEM fields;
``(C) implementation or expansion of outreach
programs linking institutions of higher education and
PreK-12 school systems in order to heighten awareness
among precollege students from underrepresented
minority groups of opportunities in college-level STEM
fields and STEM careers;
``(D) implementation or expansion of faculty
development programs focused on improving retention of
undergraduate STEM students from underrepresented
minority groups;
``(E) implementation or expansion of mechanisms
designed to recognize and reward faculty members who
demonstrate a commitment to increasing the
participation of students from underrepresented
minority groups in STEM fields;
``(F) expansion of successful reforms aimed at
increasing the number of STEM students from
underrepresented minority groups beyond a single course
or group of courses to achieve reform within an entire
academic unit, or expansion of successful reform
efforts beyond a single academic unit or field to other
STEM academic units or fields within an institution of
higher education;
``(G) expansion of opportunities for students from
underrepresented minority groups to conduct STEM
research in industry, at Federal labs, and at
international research institutions or research sites;
``(H) provision of stipends for students from
underrepresented minority groups participating in
research;
``(I) development of research collaborations
between research-intensive universities and primarily
undergraduate historically Black colleges and
universities, Tribal Colleges or Universities, and
minority serving institutions;
``(J) support for graduate students and
postdoctoral fellows from underrepresented minority
groups to participate in instructional or assessment
activities at primarily undergraduate institutions,
including primarily undergraduate historically Black
colleges and universities, Tribal Colleges or
Universities, and minority serving institutions and 2-
year institutions of higher education; and
``(K) other activities consistent with paragraph
(1), as determined by the Director of the Foundation.
``(4) Selection process.--
``(A) Application.--An institution of higher
education (or a consortium thereof) seeking an award
under this subsection shall submit an application to
the Director of the Foundation at such time, in such
manner, and containing such information and assurances
as such Director may require. The application shall
include, at a minimum--
``(i) a description of the proposed reform
effort;
``(ii) a description of the research
findings that will serve as the basis for the
proposed reform effort or, in the case of
applications that propose an expansion of a
previously implemented reform, a description of
the previously implemented reform effort,
including data about the recruitment,
retention, and academic achievement of students
from underrepresented minority groups;
``(iii) evidence of an institutional
commitment to, and support for, the proposed
reform effort, including a long-term commitment
to implement successful strategies from the
current reform beyond the academic unit or
units included in the award proposal;
``(iv) a description of how the proposed
reform effort may contribute to, or in the case
of applications that propose an expansion of a
previously implemented reforms has contributed
to, change in institutional culture and policy
such that a greater value is placed on the
recruitment, retention and academic achievement
of students from underrepresented minority
groups;
``(v) a description of existing or planned
institutional policies and practices regarding
faculty hiring, promotion, tenure, and teaching
assignment that reward faculty contributions to
improving the education of students from
underrepresented minority groups in STEM; and
``(vi) how the success and effectiveness of
the proposed reform effort will be evaluated
and assessed in order to contribute to the
national knowledge base about models for
catalyzing institutional change,
``(B) Award distribution.--The Director of the
Foundation shall ensure, to the extent practicable,
that awards under this subsection are made to a variety
of types of institutions of higher education, including
historically Black colleges and universities, Tribal
Colleges or Universities, minority serving
institutions, and 2-year institutions of higher
education.
``(5) Education research.--
``(A) In general.--All awards made under this
subsection shall include an education research
component that will support the design and
implementation of a system for data collection and
evaluation of proposed reform efforts in order to build
the knowledge base on promising models for increasing
recruitment and retention of students from
underrepresented minority groups in STEM education at
the undergraduate level across a diverse set of
institutions.
``(B) Dissemination.--The Director of the
Foundation shall coordinate with the Committee on STEM
Education of the National Science and Technology
Council in disseminating the results of the research
under this paragraph to ensure that best practices in
broadening participation in STEM education at the
undergraduate level are made readily available to all
institutions of higher education, other Federal
agencies that support STEM programs, non-Federal
funders of STEM education, and the general public.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$15,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 10330. INTRAMURAL EMERGING RESEARCH INSTITUTIONS PILOT PROGRAM.
(a) Establishment.--The Director may conduct multiple pilot
programs, including through existing programs or other programs
authorized in this division or division A, within the Foundation to
expand the number of institutions of higher education (including such
institutions that are community colleges), and other eligible entities
that the Director determines appropriate, that are able to successfully
compete for Foundation awards.
(b) Components.--Pilot programs under this section may include--
(1) a mentorship program;
(2) award application writing technical assistance;
(3) targeted outreach, including to a historically Black
college or university, a Tribal college or university, or a
minority-serving institution (including a Hispanic-serving
institution or an institution of higher education with an
established STEM capacity building program focused on Native
Hawaiians or Alaska Natives);
(4) programmatic support or solutions for institutions or
entities that do not have an experienced award management
office;
(5) an increase in the number of award proposal reviewers
from institutions of higher education that have not
traditionally received funds from the Foundation; or
(6) an increase of the term and funding, for a period of 3
years or less, as appropriate, for awards with a first-time
principal investigator, when paired with regular mentoring on
the administrative aspects of award management.
(c) Limitation.--As appropriate, each pilot program under this
section shall work to reduce administrative burdens for recipients and
award personnel.
(d) Agency-wide Programs.--Not later than 5 years after the date of
enactment of this Act, the Director shall--
(1) review the results of the pilot programs under this
section; and
(2) develop agencywide best practices from the pilot
programs for implementation across the Foundation, in order to
fulfill the requirement under section 3(e) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(e)).
Subtitle D--NSF Research Security
SEC. 10331. OFFICE OF RESEARCH SECURITY AND POLICY.
The Director shall maintain a Research Security and Policy office
within the Office of the Director with not fewer than four full-time
equivalent positions, in addition to the Chief of Research Security
established pursuant to section 10332. The functions of the Research
Security and Policy office shall be to coordinate all research security
policy issues across the Foundation, including by--
(1) consulting and coordinating with the Foundation Office
of Inspector General, with other Federal research agencies, and
intelligence and law enforcement agencies, and the National
Science and Technology Council, as appropriate, in accordance
with the authority provided under section 1746 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 42 U.S.C. 6601 note), to identify and address potential
security risks that threaten research integrity and other risks
to the research enterprise and to develop research security
policy and best practices, taking into account the policy
guidelines to be issued by the Director of the Office of
Science and Technology Policy under section 10631 of this
division;
(2) serving as a resource at the Foundation for all issues
related to the security and integrity of the conduct of
Foundation-supported research;
(3) conducting outreach and education activities for
recipients on research policies and potential security risks
and on policies and activities to protect intellectual property
and information about critical technologies relevant to
national security, consistent with the controls relevant to the
grant or award;
(4) educating Foundation program managers and other
directorate staff on evaluating Foundation awards and
recipients for potential security risks;
(5) communicating reporting and disclosure requirements to
recipients and applicants for funding;
(6) performing risk assessments, in consultation, as
appropriate, with other Federal agencies, of Foundation
proposals and awards using analytical tools to assess
nondisclosures of required information;
(7) establishing policies and procedures for identifying,
communicating, and addressing security risks that threaten the
integrity of Foundation-supported research and development,
working in consultation, as appropriate, with other Federal
agencies, to ensure compliance with National Security
Presidential Memorandum-33 (relating to strengthening
protections of United States Government-supported research and
development against foreign government interference and
exploitation) or a successor policy document; and
(8) in accordance with relevant policies of the agency,
conducting or facilitating due diligence with regard to
applications for research and development awards from the
Foundation prior to making such awards.
SEC. 10332. CHIEF OF RESEARCH SECURITY.
The Director shall appoint a senior agency official within the
Office of the Director as a Chief of Research Security, whose primary
responsibility shall be to manage the office established under section
10331.
SEC. 10333. REPORTING TO CONGRESS.
(a) Report on Resource Needs.--Not later than 180 days after the
date of the enactment of this Act, the Director shall provide a report
to the Committee on Science, Space, and Technology of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the Senate on
the resources and the number of full time employees needed to carry out
the functions of the office established in section 10331.
(b) Annual Report on Office Activities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the Director
shall submit to Congress a report on the activities carried out
by the Office of Research Security, detailing--
(A) a description of the activities conducted by
the Office, including administrative actions taken;
(B) such recommendations as the Director may have
for legislative or administrative action relating to
improving research security;
(C) identification and discussion of the gaps in
legal authorities that need to be improved to enhance
the security of institutions of higher education
performing research supported by the Foundation; and
(D) information on Foundation Inspector General
cases, as appropriate, relating to undue influence and
security threats to research and development activities
funded by the Foundation, including theft of property
or intellectual property relating to a project funded
by the Foundation at an institution of higher
education.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in both unclassified and classified formats, as
appropriate.
SEC. 10334. ONLINE RESOURCE.
The Director shall develop an online resource hosted on the
Foundation's website containing up-to-date information, tailored for
institutions and individual researchers, including--
(1) an explanation of Foundation research security
policies;
(2) unclassified guidance on potential security risks that
threaten research integrity and other risks to the research
enterprise;
(3) examples of beneficial international collaborations and
how such collaborations differ from foreign government
interference efforts that threaten research integrity;
(4) best practices for mitigating security risks that
threaten research integrity; and
(5) additional reference materials, including tools that
assist organizations seeking Foundation funding and awardees in
information disclosure to the Foundation.
SEC. 10335. RESEARCH AWARDS.
The Director shall continue to make awards, on a competitive
basis, to institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to support
research on the conduct of research and the research environment,
including research on research misconduct or breaches of research
integrity and detrimental research practices.
SEC. 10336. AUTHORITIES.
In addition to existing authorities for preventing waste, fraud,
abuse, and mismanagement of Federal funds, the Director, acting through
the Office of Research Security and Policy and in coordination with the
Foundation's Office of Inspector General, shall have the authority to
conduct risk assessments, including through the use of open-source
analysis and analytical tools, of research and development award
applications and disclosures to the Foundation.
SEC. 10337. RESPONSIBLE CONDUCT IN RESEARCH TRAINING.
Section 7009 of the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education, and Science Act (42 U.S.C.
1862o-1) is amended by--
(1) striking ``and postdoctoral researchers'' and inserting
``postdoctoral researchers, faculty, and other senior
personnel''; and
(2) by striking the period and inserting the following: ``,
including--
``(1) mentor training and mentorship;
``(2) training to raise awareness of potential research
security threats; and
``(3) Federal export control, disclosure, and reporting
requirements.''.
SEC. 10338. RESEARCH SECURITY AND INTEGRITY INFORMATION SHARING
ANALYSIS ORGANIZATION.
(a) Establishment.--The Director shall enter into an agreement with
a qualified independent organization to establish a research security
and integrity information sharing analysis organization (referred to in
this section as the ``RSI-ISAO''), which shall include members
described in subsection (d) and carry out the duties described in
subsection (b).
(b) Duties.--The RSI-ISAO shall--
(1) serve as a clearinghouse for information to help enable
the members and other entities in the research community to
understand the context of their research and identify improper
or illegal efforts by foreign entities to obtain research
results, know how, materials, and intellectual property;
(2) develop a set of standard risk assessment frameworks
and best practices, relevant to the research community, to
assess research security risks in different contexts;
(3) share information concerning security threats and
lessons learned from protection and response efforts through
forums and other forms of communication;
(4) provide timely reports on research security risks to
provide situational awareness tailored to the research and STEM
education community;
(5) provide training and support, including through
webinars, for relevant faculty and staff employed by
institutions of higher education on topics relevant to research
security risks and response;
(6) enable standardized information gathering and data
compilation, storage, and analysis for compiled incident
reports;
(7) support analysis of patterns of risk and identification
of bad actors and enhance the ability of members to prevent and
respond to research security risks; and
(8) take other appropriate steps to enhance research
security.
(c) Funding.--The Foundation may provide initial funds toward the
RSI-ISAO but shall seek to have the fees authorized in subsection
(d)(2) cover the costs of operations at the earliest practicable time.
(d) Membership.--
(1) In general.--The RSI-ISAO shall serve and include
members representing institutions of higher education,
nonprofit research institutions, and small and medium-sized
businesses.
(2) Fees.--As soon as practicable, members of the RSI-ISAO
shall be charged an annual rate to enable the RSI-ISAO to cover
its costs. Rates shall be set on a sliding scale based on
research and development expenditures to ensure that membership
is accessible to a diverse community of stakeholders and ensure
broad participation. The RSI-ISAO shall develop a plan to
sustain the RSI-ISAO without Federal funding, as practicable.
(e) Board of Directors.--The RSI-ISAO may establish a board of
directors to provide guidance for policies, legal issues, and plans and
strategies of the entity's operations. The board shall include a
diverse group of stakeholders representing the research community,
including academia, industry, and experienced research security
administrators.
(f) Stakeholder Engagement.--In establishing the RSI-ISAO under
this section, the Director shall take necessary steps to ensure the
services provided are aligned with the needs of the research community,
including by--
(1) convening a series of workshops or other multi-
stakeholder events; or
(2) publishing a description of the services the RSI-ISAO
intends to provide and the requirements for membership in the
Federal Register and provide an opportunity for submission of
public comments for a period of not less than 60 days.
SEC. 10339. PLAN WITH RESPECT TO CONTROLLED INFORMATION AND BACKGROUND
SCREENING.
(a) In General.--Not later than 180 days after the enactment of
this Act, the Director, in consultation with the Director of National
Intelligence and, as appropriate, other Federal agencies, shall develop
a plan to--
(1) identify research areas supported by the Foundation,
including in the key technology focus areas, that may involve
access to controlled unclassified or classified information,
including in the key technology focus areas; and
(2) exercise due diligence in granting access, as
appropriate, to the CUI or classified information identified
under paragraph (1) to individuals working on such research who
are employees of the Foundation or covered individuals on
research and development awards funded by the Foundation.
(b) Definitions.--In this section:
(1) Classified information.--The term ``classified
information'' means any information that has been determined
pursuant to Executive Order 13526, any predecessor or successor
order, or sections 1-274, 275-321, and 1001-3115 of the Atomic
Energy Act of 1954 (42 U.S.C. 2011-2021, 2022-2286i, 2296a-
2297h-13) to require protection against unauthorized disclosure
and that is so designated.
(2) Controlled unclassified information.--The term
``controlled unclassified information'' or ``CUI'' means
information described as ``Controlled Unclassified
Information'' under Executive Order 13556 or any successor
order, to require protection against unauthorized disclosure
and that is so designated.
SEC. 10339A. FOUNDATION FUNDING TO INSTITUTIONS HOSTING OR SUPPORTING
CONFUCIUS INSTITUTES.
(a) Confucius Institute Defined.--In this section the term
``Confucius Institute'' means a cultural institute established as a
partnership between a United States institution of higher education and
a Chinese institution of higher education to promote and teach Chinese
language and culture that is funded, directly or indirectly, by the
Government of the People's Republic of China.
(b) Restrictions of Confucius Institutes.--Except as provided in
subsection (d), none of the funds made available to the Foundation
under this division or division A, or an amendment made by this
division or division A, may be obligated or expended to an institution
of higher education that maintains a contract or agreement between the
institution and a Confucius Institute, unless the Director, after
consultation with the National Academies, determines such a waiver is
appropriate in accordance with subsection (c).
(c) Waiver.--The Director, after consultation with the National
Academies, may issue a waiver for an institution of higher education
that maintains a contract or agreement between the institution and a
Confucius Institute if such contract or agreement includes clear
provisions that--
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any
campus of the institution;
(3) grant full managerial authority of the Confucius
Institute to the institution, including full control over what
is being taught, the activities carried out, the research
awards that are made, and who is employed at the Confucius
Institute; and
(4) prohibit co-location with the institution's Chinese
language, history, and cultural programs and require separate
promotional materials.
(d) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, this section shall not apply to an institution of
higher education if that institution has fulfilled the
requirements for a waiver from the Department of Defense as
described under section 1062 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) Exception.--Notwithstanding any other provision of this
section, the prohibition under subsection (b) shall not apply
to amounts provided to students as educational assistance.
(e) Effective Date.--The limitation under subsection (b) shall
apply with respect to the first fiscal year that begins after the date
that is two years after the date of the enactment of this Act and to
any subsequent fiscal year subject to subsection (f).
(f) Sunset.--This section shall cease to be effective on the date
that is five years after the date of the enactment of this Act.
SEC. 10339B. FOREIGN FINANCIAL SUPPORT.
(a) In General.--The Director shall request, on an annual basis,
from a recipient institution of higher education a disclosure, in the
form of a summary document, from the institution, a foundation of the
institution, and related entities such as any educational, cultural, or
language entity, of the current financial support, the value of which
is $50,000 or more, including gifts and contracts, received directly or
indirectly from a foreign source (as such term is defined in section
117 of the Higher Education Act of 1965 (20 U.S.C. 1011f(h)(2)))
associated with a foreign country of concern.
(b) Records.--Each disclosure to the Director under this section
shall be made on the condition that the institution will maintain a
true copy of the relevant records subject to the disclosure requirement
until the latest of--
(1) the date that is four years after the date of the
agreement;
(2) the date on which the agreement terminates; or
(3) the last day of any period that applicable State public
record law requires a true copy of such agreement to be
maintained.
(c) Documentation.--Upon review of the disclosures under this
section, the Director may request that a recipient institution provide
true copies of any contracts, agreements, or documentation of financial
transactions associated with disclosures made under this section.
(d) Office of the Inspector General.--The Director, acting through
the Office of Research Security and Policy in coordination with the
Foundation's Office of Inspector General and in consultation with the
recipient institution, may reduce the award funding amount or suspend
or terminate the award if the Director determines--
(1) such institution fails to comply with the records
retention requirement in subsection (b) or fails to provide
information requested under this section; or
(2) the Chief of Research Security determines the
disclosures under this section indicate a threat to research
security.
SEC. 10339C. AUTHORIZATION OF APPROPRIATIONS.
From any amounts appropriated for the Foundation for each of fiscal
years 2023 through 2027, the Director shall allocate $6,000,000 to
carry out the activities under this subtitle.
Subtitle E--Fundamental Research
SEC. 10341. BROADER IMPACTS.
(a) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Director shall enter into an agreement with
a qualified independent organization to assess how the Broader Impacts
review criterion is applied across the Foundation and make
recommendations for improving the effectiveness for meeting the goals
established in section 526 of the America Creating Opportunities to
Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010 (42 U.S.C. 1862p-14).
(b) Activities.--The Director shall make awards on a competitive
basis, to institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to support
activities to increase the efficiency, effectiveness, and availability
of resources for implementing the Broader Impacts review criterion,
including--
(1) training and workshops for program officers, merit
review panelists, award office administrators, faculty, and
students to improve understanding of the goals and the full
range of potential broader impacts available to researchers to
satisfy this criterion;
(2) repositories and clearinghouses for sharing best
practices and facilitating collaboration; and
(3) tools for evaluating and documenting societal impacts
of research.
SEC. 10342. SENSE OF CONGRESS.
It is the sense of Congress that the Director should continue to
identify opportunities to reduce the administrative burden on
researchers.
SEC. 10343. RESEARCH ETHICS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a number of emerging areas of research have potential
ethical, social, safety, and security implications that might
be apparent as early as the basic research stage;
(2) the incorporation of ethical, social, safety, and
security considerations into the research design and review
process for Federal awards, may help mitigate potential harms
before they happen;
(3) the Foundation's agreement with the National Academies
to conduct a study and make recommendations with respect to
governance of research in emerging technologies is a positive
step toward accomplishing this goal; and
(4) the Foundation should continue to work with
stakeholders to promote best practices for governance of
research in emerging technologies at every stage of research.
(b) Incorporation of Ethics Considerations.--Drawing on stakeholder
input, not later than 24 months after the date of enactment of this
Act, the Director shall revise proposal instructions to require that
ethical and societal considerations are to be included as part of a
proposal for funding prior to making the award, where such
considerations are applicable. Such considerations shall be evaluated
by the Director in the review of proposals, taking into account any
relevant input from the peer-reviewers for the proposal, and shall
factor into award decisions, as deemed necessary by the Director. When
incorporating such considerations, proposers may include, as
appropriate--
(1)(A) any readily foreseeable or quantifiable risks to
society, including how the research could enable products,
technologies, or other outcomes that could intentionally or
unintentionally cause significant societal harm; or
(B) an assertion that no readily foreseeable potential
ethical, social, safety, or security implications are apparent;
(2) how technical or social solutions can mitigate such
risks and, as appropriate, a plan to implement such mitigation
measures; and
(3) how partnerships and collaborations in the research can
help mitigate potential harm and amplify potential societal
benefits.
(c) Guidance.--The Director shall solicit stakeholder input to
develop clear guidance on what constitutes a readily foreseeable or
quantifiable risk as described in subsection (b)(1), and to the extent
practicable harmonize this policy with existing ethical policies or
related requirements for human subjects.
(d) Research.--The Director shall make awards, on a competitive
basis, to institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to support--
(1) research to assess the potential ethical and societal
implications of Foundation- supported research and products or
technologies enabled by such research, including the benefits
and risks identified pursuant to subsection (b)(1); and
(2) the development and verification of approaches to
proactively mitigate foreseeable risks to society, including
the technical and social solutions identified pursuant to
subsection (b)(1).
(e) Annual Report.--The Director shall encourage recipients to
update their consideration of potential risks and benefits as
appropriate as part of the annual reports required by all awardees
under the award terms and conditions.
SEC. 10344. RESEARCH REPRODUCIBILITY AND REPLICABILITY.
(a) In General.--Consistent with existing Federal law for privacy,
intellectual property, and security, the Director shall facilitate
public access to research products, including data, software, and code,
developed as part of Foundation-supported projects.
(b) Data Management Plans.--
(1) In general.--The Director shall require that every
proposal for funding for research include a machine-readable
data management plan that includes a description of how the
awardee will archive and preserve public access to data,
software, and code developed as part of the proposed project.
(2) Requirements.--In carrying out the requirement in
paragraph (1), the Director shall--
(A) provide necessary resources, including
trainings and workshops, to educate researchers and
students on how to develop and review high quality data
management plans;
(B) ensure program officers and merit review panels
are equipped with the resources and training necessary
to review the quality of data management plans; and
(C) ensure program officers and merit review panels
treat data management plans as essential elements of
award proposals, where appropriate.
(c) Open Repositories.--The Director shall--
(1) consult with the heads of other Federal research
agencies, as appropriate, and solicit input from the scientific
community, to develop and widely disseminate a set of criteria
for trusted open repositories to be used by Foundation-funded
researchers, accounting for discipline-specific needs and
necessary protections for sensitive information;
(2) work with stakeholders to identify significant gaps in
available repositories meeting the criteria developed under
paragraph (1) and options for supporting the development of
additional or enhanced repositories;
(3) make awards on a competitive basis to institutions of
higher education or non-profit organizations (or consortia of
such institutions or organizations) for the development,
upgrades, and maintenance of open data repositories that meet
the criteria developed under paragraph (1);
(4) work with stakeholders and build on existing models,
where appropriate, to establish a single, public, web-based
point of access to help users locate repositories storing data,
software, and code resulting from or used in Foundation-
supported projects;
(5) work with stakeholders to establish the necessary
policies and procedures and allocate the necessary resources to
ensure, as practicable, data underlying published findings
resulting from Foundation-supported projects are deposited in
repositories meeting the criteria developed under paragraph (1)
at the time of publication;
(6) incentivize the deposition of data, software, and code
into repositories that meet the criteria developed under
paragraph (1); and
(7) coordinate with the scientific publishing community and
the heads of other relevant Federal departments and agencies to
support the development of voluntary consensus standards around
data archiving and sharing.
(d) Research, Development, and Education.--The Director shall make
awards, on a competitive basis to institutions of higher education or
non-profit organizations (or consortia of such institutions or
organizations) to--
(1) support research and development of open source,
sustainable, usable tools and infrastructure that support
reproducibility for a broad range of studies across different
disciplines;
(2) support research on computational reproducibility,
including the limits of reproducibility and the consistency of
computational results in the development of new computation
hardware, tools, and methods; and
(3) support the education and training of students,
faculty, and researchers on computational methods, tools, and
techniques to improve the quality and sharing of data, code,
and supporting metadata to produce reproducible research.
SEC. 10345. CLIMATE CHANGE RESEARCH.
The Director shall make awards, on a competitive basis, to
institutions of higher education or non-profit organizations (or
consortia of such institutions or organizations) to support research to
improve our understanding of the climate system and related human and
environmental systems.
SEC. 10346. SOCIAL, BEHAVIORAL, AND ECONOMIC SCIENCES.
The Director shall--
(1) actively communicate opportunities and solicit
proposals for social, behavioral, and economic science
researchers to participate in cross-cutting and
interdisciplinary programs, including the Convergence
Accelerator and agency priority activities, and the Mid-Scale
Research Infrastructure program; and
(2) ensure social, behavioral, and economic science
researchers are represented on relevant merit review panels for
such activities.
SEC. 10347. MEASURING IMPACTS OF FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT.
The Director shall make awards on a competitive, merit-reviewed
basis to institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to support
research and development of data, models, indicators, and associated
analytical tools to improve our understanding of the impacts of
Federally funded research on society, the economy, and the workforce,
including domestic job creation.
SEC. 10348. FOOD-ENERGY-WATER RESEARCH.
The Director shall make awards on a competitive basis to
institutions of higher education or non-profit organizations (or
consortia of such institutions or organizations) to--
(1) support research to significantly advance our
understanding of the food-energy-water system through
quantitative and computational modeling, including support for
relevant cyberinfrastructure;
(2) develop real-time, cyber-enabled interfaces that
improve understanding of the behavior of food-energy-water
systems and increase decision support capability;
(3) support research that will lead to innovative solutions
to critical food-energy-water system problems; and
(4) grow the scientific workforce capable of studying and
managing the food-energy-water system, through education and
other professional development.
SEC. 10349. BIOLOGICAL FIELD STATIONS AND MARINE LABORATORIES.
The Director shall continue to support enhancing, repairing and
maintaining research instrumentation, laboratories, telecommunications
and housing at biological field stations and marine laboratories.
SEC. 10350. SUSTAINABLE CHEMISTRY RESEARCH AND EDUCATION.
In accordance with section 263 of the National Defense
Authorization Act for Fiscal Year 2021, the Director shall carry out
activities in support of sustainable chemistry, including--
(1) establishing a program to make awards, on a competitive
basis, to institutions of higher education or non-profit
organizations (or consortia of such institutions or
organizations) to support--
(A) individual investigators and teams of
investigators, including to the extent practicable,
early career investigators for research and
development;
(B) collaborative research and development
partnerships among universities, industry, and non-
profit organizations;
(C) integrating sustainable chemistry principles
into elementary, secondary, undergraduate, and graduate
chemistry and chemical engineering curriculum and
research training, as appropriate to that level of
education and training; and
(2) incorporating sustainable chemistry into existing
Foundation research and development programs.
SEC. 10351. RISK AND RESILIENCE RESEARCH.
The Director shall make awards on a competitive basis to
institutions of higher education or non-profit organizations (or
consortia of such institutions or organizations) to advance knowledge
of risk assessment and predictability and to support the creation of
tools and technologies, including advancing data analytics and
utilization of artificial intelligence, for increased resilience
through--
(1) improvements in our ability to understand, model, and
predict extreme events and natural hazards;
(2) the creation of novel engineered systems solutions for
resilient complex infrastructures, particularly those that
address critical interdependence among infrastructures and
leverage the growing infusion of cyber-physical-social
components into the infrastructures;
(3) development of equipment and instrumentation for
innovation in resilient engineered infrastructures;
(4) multidisciplinary research on the behaviors individuals
and communities engage in to detect, perceive, understand,
predict, assess, mitigate, and prevent risks and to improve and
increase resilience; and
(5) advancements in multidisciplinary wildfire science,
including those related to air quality impacts, human behavior,
and early detection and warning.
SEC. 10352. UNMANNED AIRCRAFT SYSTEMS TECHNOLOGIES.
In coordination with the Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and
Space Administration, the Director shall carry out a program of
research and related activities related to unmanned aircraft system
technologies, which may include a prize competition pursuant to section
24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) and support for undergraduate and graduate curriculum
development.
SEC. 10353. ACCELERATING UNMANNED MARITIME SYSTEMS TECHNOLOGIES.
(a) In General.--In order to support advances in marine science,
maritime domain awareness, and national security the Director, in
consultation with the Under Secretary of Commerce for Oceans and
Atmosphere and the Commandant of the Coast Guard, shall issue awards,
on a competitive basis, to institutions of higher education or
nonprofit organizations (or consortia of such institutions or
organizations) to support research that will accelerate innovation to
advance unmanned maritime systems for the purpose of providing greater
maritime domain awareness to the Nation.
(b) Coordination.--In implementing this section, the Director shall
coordinate with the Coast Guard, the Department of Defense, the
National Oceanic and Atmospheric Administration, and other Federal
agencies, including those established under the Commercial Engagement
Through Ocean Technology Act of 2018 (Public Law 115-394).
SEC. 10354. LEVERAGING INTERNATIONAL EXPERTISE IN RESEARCH.
The Director shall explore and advance opportunities for leveraging
international capabilities and resources that align with the Foundation
and United States research community priorities and have the potential
to benefit United States prosperity, security, health, and well-being,
including through binational research and development organizations and
foundations and by sending teams of Foundation scientific staff for
site visits of scientific facilities and agencies in other countries.
The Director shall establish and implement policies, including through
any research security training requirements, to mitigate the potential
risks of such interactions, including risks to the protection of
intellectual property and the risk of undue foreign influence on
research.
SEC. 10355. BIOLOGICAL RESEARCH COLLECTIONS.
(a) In General.--The Director shall continue to support databases,
tools, methods, and other activities that secure and improve existing
physical and digital biological research collections, improve the
accessibility of collections and collection-related data for research
and educational purposes, develop capacity for curation and collection
management, and to transfer ownership of collections that are
significant to the biological research community, including to museums
and universities.
(b) Specimen Management Plan.--In consultation with other relevant
Federal research agencies, and as the Director determines is
appropriate, the Director shall require that proposals submitted to the
Foundation for funding for research that involves collecting or
generating specimens include, as part of the data management plan under
section 10344, a description of how the specimens and associated data
will be accessioned into and maintained in an established biological
collection.
(c) Action Center for Biological Collections.--In coordination with
other relevant Federal research agencies, as appropriate, the Director
shall make awards on a competitive basis to institutions of higher
education or non-profit organizations (or consortia of such
institutions or organizations) to facilitate coordination and data
sharing among communities of practice for research, education,
workforce training, evaluation, and business model development,
including by establishing an Action Center for Biological Collections.
SEC. 10356. CLEAN WATER RESEARCH AND TECHNOLOGY ACCELERATION.
The Director shall make awards on a competitive, merit-reviewed
basis to institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to--
(1) support transdisciplinary research to significantly
advance our understanding of water availability, quality, and
dynamics and the impact of human activity and a changing
climate on urban and rural water and wastewater systems,
including in low-income, underserved, and disadvantaged
communities;
(2) develop, pilot, and deploy innovative technologies,
systems, and other approaches to identifying and addressing
challenges that affect water availability, quality, and
security, including through direct engagement with affected
communities and partnerships with the private sector, State,
territorial, Tribal, and local governments, non-profit
organizations and water management professionals; and
(3) grow the scientific workforce capable of studying and
managing water and wastewater systems and of conducting
wastewater surveillance, through education, training, and other
professional development.
SEC. 10357. TECHNOLOGY AND BEHAVIORAL SCIENCE RESEARCH.
(a) In General.--The Director shall make awards on a merit-
reviewed, competitive basis for research and development to--
(1) increase understanding of social media and consumer
technology access and use patterns and related mental health,
behavioral, and substance use disorder issues, particularly for
children and adolescents; and
(2) explore the role of social media and consumer
technology in rising rates of mental health and substance use
disorder issues, including within communities experiencing
long-term economic distress.
(b) Coordination to Avoid Duplication.--In making awards under this
subsection, the Director shall, for purposes of avoiding duplication of
activities and research, consult, collaborate, and coordinate with the
heads of other relevant Federal departments and agencies, including the
Department of Health and Human Services.
SEC. 10358. MANUFACTURING RESEARCH AMENDMENT.
Section 506(a) of the America COMPETES Reauthorization Act of 2010
(42 U.S.C. 1862p-1(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``and'' before ``virtual
manufacturing''; and
(B) by striking the period at the end and inserting
``; and artificial intelligence and machine learning;
and''; and
(3) by adding at the end the following:
``(7) additive manufacturing, including new material
designs, complex materials, rapid printing techniques, and
real-time process controls.''.
SEC. 10359. CRITICAL MINERALS MINING RESEARCH AND DEVELOPMENT.
(a) Critical Minerals Mining Research and Development at the
Foundation.--
(1) In general.--In order to support supply chain
resiliency, the Director shall make awards, on a competitive
basis, to institutions of higher education or nonprofit
organizations (or consortia of such institutions or
organizations) to support basic research that will accelerate
innovation to advance critical minerals mining strategies and
technologies for the purpose of making better use of domestic
resources and eliminating national reliance on minerals and
mineral materials that are subject to supply disruptions.
(2) Use of funds.--Activities funded by an award under this
section may include--
(A) advancing mining research and development
activities to develop new mapping and mining
technologies and techniques, including advanced
critical mineral extraction and production, separation,
alloying, or processing techniques and technologies
that can decrease energy intensity to improve existing
or to develop new supply chains of critical minerals,
and to yield more efficient, economical, and
environmentally benign mining practices;
(B) advancing critical mineral processing research
activities to improve separation, alloying,
manufacturing, or recycling techniques and technologies
that can decrease the energy intensity, waste,
potential environmental impact, and costs of those
activities;
(C) conducting long-term earth observation of
reclaimed mine sites, including the study of the
evolution of microbial diversity at such sites;
(D) examining the application of artificial
intelligence for geological exploration of critical
minerals, including what size and diversity of data
sets would be required;
(E) examining the application of machine learning
for detection and sorting of critical minerals,
including what size and diversity of data sets would be
required;
(F) conducting detailed isotope studies of critical
minerals and the development of more refined geologic
models;
(G) improved understanding of the geological and
geochemical processes through which critical minerals
form and are concentrated into economically viable
deposits; or
(H) providing training and research opportunities
to undergraduate and graduate students to prepare the
next generation of mining engineers and researchers.
(3) Existing programs.--The Director shall ensure awards
made under this subsection are complementary and not
duplicative of existing programs across the Foundation and
Federal Government.
(b) Critical Materials Interagency Subcommittee.--
(1) In general.--The Critical Minerals Subcommittee of the
National Science and Technology Council (referred to in this
section as the ``Subcommittee''), shall coordinate Federal
science and technology efforts to ensure secure, reliable, and
environmentally sustainable supplies of critical materials to
the United States.
(2) Purposes.--The purposes of the Subcommittee shall be--
(A) to advise and assist the National Science and
Technology Council, including the Committee on Homeland
and National Security, on United States policies,
procedures, and plans as it relates to critical
materials, including--
(i) Federal research, development, and
commercial application efforts to minimize the
environmental impacts of methods for
extractions, concentration, separation and
purification of conventional, secondary, and
unconventional sources of critical materials;
(ii) efficient use, substitution, and reuse
of critical materials;
(iii) the critical materials workforce of
the United States; and
(iv) United States private industry
investments in innovation and technology
transfer from federally funded science and
technology;
(B) to identify emerging opportunities, stimulate
international cooperation, and foster the development
of secure and reliable supply chains of critical
materials and establish scenario modeling systems for
supply problems of critical materials and energy
critical materials;
(C) to ensure the transparency of information and
data related to critical materials; and
(D) to provide recommendations on coordination and
collaboration among the research, development, and
deployment programs and activities of Federal agencies
to promote a secure and reliable supply of critical
materials necessary to maintain national security,
economic well-being, public health, and industrial
production.
(3) Responsibilities.--In carrying out this subsection, the
Subcommittee may, taking into account the findings and
recommendations of relevant advisory committees--
(A) provide recommendations on how Federal agencies
may improve the topographic, geologic, and geophysical
mapping of the United States and improve the
discoverability, accessibility, and usability of the
resulting and existing data, to the extent permitted by
law and subject to appropriate limitation for purposes
of privacy and security;
(B) assess the progress towards developing critical
materials recycling and reprocessing technologies, and
technological alternatives to critical materials;
(C) establish a mechanism for the coordination and
evaluation of Federal programs with critical material
needs, including Federal programs involving research
and development, in a manner that complements related
efforts carried out by the private sector and other
domestic and international agencies and organizations;
(D) examine options for accessing and developing
critical materials through investment and trade with
our allies and partners and provide recommendations;
(E) evaluate and provide recommendations to
incentivize the development and use of advances in
science and technology in the private industry;
(F) assess the need for and make recommendations to
address the challenges the United States critical
materials supply chain workforce faces, including aging
and retiring personnel and faculty, and foreign
competition for United States talent;
(G) develop, and update as necessary, a strategic
plan to guide Federal programs and activities to
enhance scientific and technical capabilities across
critical material supply chains, including a roadmap
that identifies key research and development needs and
coordinates on-going activities for source
diversification, more efficient use, recycling, and
substitution for critical materials; as well as cross-
cutting mining science, data science techniques,
materials science, manufacturing science and
engineering, computational modeling, and environmental
health and safety research and development;
(H) assess the need for, and make recommendations
concerning, the availability and adequacy of the supply
of technically trained personnel necessary for critical
materials research, development, extraction, and
industrial production, with a particular focus on the
problem of attracting and maintaining high-quality
professionals for maintaining an adequate supply of
energy critical materials; and
(I) report to the appropriate Congressional
committees on activities and findings under this
section.
(c) Definitions of Critical Mineral and Critical Mineral or
Metal.--In this section, the terms ``critical mineral'' and ``critical
mineral or metal'' include any host mineral of a critical mineral
(within the meaning of those terms in section 7002 of title VII of
division Z of the Consolidated Appropriations Act, 2021 (Public Law
116-260)).
SEC. 10360. STUDY OF AI RESEARCH CAPACITY.
(a) In General.--The Director shall conduct a study or support the
development of a study by a qualified independent organization as
determined by the Director, on artificial intelligence research
capacity at United States institutions of higher education.
(b) Study Contents.--The Director shall ensure that, at a minimum,
the study under subsection (a) addresses the following topics:
(1) Which universities are putting out significant peer-
reviewed artificial intelligence research, including based on
quantity and number of citations.
(2) For each of the universities described in paragraph
(1), what specific factors enable their AI research, including
computing power, data set availability, specialized curriculum,
faculty and graduate students, sources of Federal and non-
Federal research funding, and industry and other partnerships.
(3) Promising practices at universities described in
paragraph (1) for advancing diversity, equity, and inclusion in
AI research programs.
(4) Geographic diversity across the country of universities
with the factors identified in paragraph (2).
(5) How universities not included in paragraph (1) could
implement the factors in paragraph (2) to produce AI research,
as well as case studies that universities can look to as
examples and potential pilot programs that the Federal
Government could develop or support to help universities
produce AI research.
(c) Workshops.--The Director may support workshops to help inform
the study required under this subsection.
(d) Publication.--The Director shall ensure that the study carried
out under this subsection is made publicly available not later than 12
months after the date of enactment of this Act.
(e) Avoid Duplication.--The Director shall ensure that the
activities carried out under this section are not duplicative of
activities supported by other parts of the Foundation or other relevant
Federal agencies, including but not limited to the activities of the
National AI Research Resource Task Force.
SEC. 10361. ADVANCING IOT FOR PRECISION AGRICULTURE CAPABILITIES ACT.
(a) Short Title.--This section may be cited as the ``Advancing IoT
for Precision Agriculture Act of 2021''.
(b) Purpose.--It is the purpose of this section to promote
scientific research and development opportunities for connected
technologies that advance precision agriculture capabilities.
(c) Foundation Directive on Agricultural Sensor Research.--In
making awards under the sensor systems and networked systems programs
of the Foundation, the Director shall include in consideration of
portfolio balance research and development on sensor connectivity in
environments of intermittent connectivity and intermittent
computation--
(1) to improve the reliable use of advance sensing systems
in rural and agricultural areas; and
(2) that considers--
(A) direct gateway access for locally stored data;
(B) attenuation of signal transmission;
(C) loss of signal transmission; and
(D) at-scale performance for wireless power.
(d) Updating Considerations for Precision Agriculture Technology
Within the NSF Advanced Technical Education Program.--Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i), as
amended by section 10312, is further amended--
(1) in subsection (d)(2), by adding at the end the
following:
``(G) applications that incorporate distance
learning tools and approaches.''; and
(2) in subsection (e)(3)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) applications that incorporate distance
learning tools and approaches.''.
(e) GAO Review.--Not later than 18 months after the date of
enactment of this section, the Comptroller General of the United States
shall provide--
(1) a technology assessment of precision agriculture
technologies, such as the existing use of--
(A) sensors, scanners, radio-frequency
identification, and related technologies that can
monitor soil properties, irrigation conditions, and
plant physiology;
(B) sensors, scanners, radio-frequency
identification, and related technologies that can
monitor livestock activity and health;
(C) network connectivity and wireless
communications that can securely support digital
agriculture technologies in rural and remote areas;
(D) aerial imagery generated by satellites or
unmanned aerial vehicles;
(E) ground-based robotics;
(F) control systems design and connectivity, such
as smart irrigation control systems;
(G) Global Positioning System-based applications;
and
(H) data management software and advanced analytics
that can assist decision making and improve
agricultural outcomes; and
(2) a review of Federal programs that provide support for
precision agriculture research, development, adoption,
education, or training, in existence on the date of enactment
of this section.
SEC. 10362. ASTRONOMY AND SATELLITE CONSTELLATIONS.
The Director shall support research into and the design,
development, and testing of mitigation measures to address the
potential impact of satellite constellations on Foundation scientific
programs by--
(1) making awards on a competitive basis to support study
of the potential impacts of satellite constellations on ground-
based optical, infrared, and radio astronomy, including through
existing programs such Spectrum and Wireless Innovation enabled
by Future Technologies (SWIFT) and the Spectrum Innovation
Initiative;
(2) supporting research on potential satellite impacts and
benefits and mitigation strategies to be carried out at one or
more Foundation supported Federally Funded Research and
Development Centers or major multiuser research facilities as
defined in section 110(g) of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-2(g)), as appropriate; and
(3) supporting workshops related to the potential impact of
satellite constellations on scientific research and how those
constellations could be used to improve scientific research.
SEC. 10363. RESEARCH ON THE IMPACT OF INFLATION.
(a) In General.--The Director may make awards, on a competitive
merit-reviewed basis, to institutions of higher education or nonprofit
organizations (or consortia of such institutions or organizations) to
support research to improve our understanding of the impact of
inflation.
(b) Use of Funds.--Activities funded by an award under this section
may include--
(1) measuring the economic impact of inflation on the
American people, including an analysis of cost-of-living and
wage impacts;
(2) considering the impact of inflation on American
international competitiveness;
(3) evaluating the impact of inflation on rural and
underserved communities throughout the country;
(4) assessing the ways inflation could impact future
American generations; and
(5) evaluating the impact of policymaking on inflation,
including the impact of further Government spending.
(c) Coordination to Avoid Duplication.--In making awards under this
section, the Director shall, for purposes of avoiding duplication of
activities and research, consult, collaborate, and coordinate with the
programs and policies of other relevant Federal agencies.
SEC. 10364. MICROGRAVITY UTILIZATION POLICY.
(a) Sense of Congress.--It is the sense of Congress that space
technology and the utilization of the microgravity environment for
science, engineering, and technology development is critical to long-
term competitiveness with near-peer competitors, including China.
(b) Policy.--To the extent appropriate during an award period, the
Foundation shall facilitate access by recipients of Foundation awards
to the microgravity environment, including in private sector platforms,
for the development of science, engineering, and technology relevant to
the award.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Director shall provide to the appropriate committees of
Congress a report on the Foundation's plan for facilitating awardee
access to the microgravity environment.
SEC. 10365. RECOGNITION OF THE ARECIBO OBSERVATORY.
(a) Findings.--Congress finds the following:
(1) The Department of Defense began developing the Arecibo
Observatory located in Barrio Esperanza, Arecibo, Puerto Rico,
during the 1950s, and its characteristic instrument, a large
radio telescope of 305 meters in diameter was completed in
1963.
(2) The facility was later owned by the National Science
Foundation, and supported by the National Aeronautics and Space
Administration and various university partners.
(3) The Arecibo Observatory's 305-meter fixed spherical
radio telescope, was the world's largest single-dish radio
telescope until the Five-Hundred-Meter Aperture Spherical Radio
Telescope located in Gizhou, China, began observing in 2016.
(4) The 305-meter radio telescope made unparalleled
contributions to the fields of radio astronomy, planetary, and
atmospheric sciences, and played a role in inspiring thousands
of students in Puerto Rico, the Nation, and the world to pursue
careers in STEM fields through the Arecibo Observatory
Education and Public Outreach Programs.
(5) The radio telescope significantly advanced the field of
radio astronomy, including the first indirect detection of
gravitational waves, the first detection of extrasolar planets,
innumerable contributions to the field of time domain astronomy
and the study of the interstellar medium, and played a key role
in the search for extraterrestrial intelligence.
(6) The Arecibo Observatory had the best planetary radar
system in the world, used by the National Aeronautics and Space
Administration for near-Earth object detection and was an
essential part of the agency's planetary defense program.
(7) The planetary radar at the Arecibo Observatory has
contributed fundamentally and significantly to the knowledge of
the solar system.
(8) The Arecibo Observatory's Incoherent Scatter Radar and
supporting facilities have provided fundamental understanding
of the ionosphere and upper atmosphere, and the interface
between the atmosphere and space that protects the planet from
solar wind, meteors, and other potential threats.
(9) December 1, 2021, marks the 1-year anniversary of the
uncontrolled collapse sustained by the radio telescope after a
series of cable failures in tower 4.
(b) Sense of Congress.--It is the sense of Congress that the
Congress--
(1) acknowledges the loss of the Arecibo Observatory's
radio telescope due to its collapse and its implications for
the loss of a unique world-class multidisciplinary science
facility which conducted research in the areas of space and
atmospheric sciences, radar astronomy and planetary sciences,
astronomy, and astrophysics;
(2) acknowledges that the uncontrolled collapse of the 305-
meter radio telescope represents a loss of astronomical
observation capabilities, scientific research and development,
planetary defense capabilities, and applied science
capabilities for the United States;
(3) recognizes the rich scientific, educational, and
economic benefits that the Arecibo Telescope has made to the
people of Puerto Rico, the Nation, and the world;
(4) recognizes the work and contributions made by the
thousands of dedicated staff who have supported the Arecibo
Observatory for close to 6 decades;
(5) commends the National Science Foundation for convening
a virtual workshop in June 2021, to explore ideas for future
scientific and educational activities at the Arecibo
Observatory; and
(6) encourages the National Science Foundation, in
consultation with other Federal agencies, to explore
opportunities for strengthening and expanding the role of the
Arecibo Observatory in Puerto Rico through education, outreach,
and diversity programs, and future research capabilities and
technology at the site.
Subtitle F--Research Infrastructure
SEC. 10371. FACILITY OPERATION AND MAINTENANCE.
(a) In General.--The Director shall continue the Facility Operation
Transition pilot program for a total of 5 years.
(b) Cost Sharing.--The Facility Operation Transition program shall
provide funding for 10 to 50 percent of the operations and maintenance
costs for major research facilities that are within the first five
years of operation, where the share is determined based on--
(1) the operations and maintenance costs of the major
research facility; and
(2) the capacity of the managing directorate or division to
absorb such costs.
(c) Report.--After the fifth year of the pilot program, the
Director shall transmit a report to Congress that includes--
(1) an assessment, that includes feedback from the research
community, of the effectiveness of the pilot program for--
(A) supporting research directorates and divisions
in balancing investments in research grants and funding
for the initial operation and maintenance of major
facilities;
(B) incentivizing the development of new world-
class facilities;
(C) facilitating interagency and international
partnerships;
(D) funding core elements of multi-disciplinary
facilities; and
(E) supporting facility divestment costs; and
(2) if deemed effective, a plan for permanent
implementation of the pilot program.
SEC. 10372. REVIEWS.
The Director shall periodically carry out reviews within each of
the directorates and divisions to assess the cost and benefits of
extending the operations of research facilities that have exceeded
their planned operational lifespan.
SEC. 10373. HELIUM CONSERVATION.
(a) Major Research Instrumentation Support.--
(1) In general.--The Director shall support, through the
Major Research Instrumentation program, proposal requests that
include the purchase, installation, operation, and maintenance
of equipment and instrumentation to reduce consumption of
helium.
(2) Cost sharing.--The Director may waive the cost-sharing
requirement for helium conservation measures for non-Ph.D.-
granting institutions of higher education and Ph.D.-granting
institutions of higher education that are not ranked among the
top 100 institutions receiving Federal research and development
funding, as documented by the National Center for Science and
Engineering Statistics.
(b) Annual Report.--No later than 1 year after the date of
enactment of this Act and annually for the subsequent two years, the
Director shall submit an annual report to Congress on the use of
funding awarded by the Foundation for the purchase and conservation of
helium. The report should include--
(1) the volume and price of helium purchased;
(2) changes in pricing and availability of helium; and
(3) any supply disruptions impacting a substantial number
of institutions.
SEC. 10374. ADVANCED COMPUTING.
(a) Computing Needs.--To gather information about the computational
needs of Foundation-funded projects, the Director shall require award
proposals submitted to the Foundation, as appropriate, to include
estimates of computational resource needs for projects that require use
of advanced computing. The Director shall encourage and provide access
to tools that facilitate the inclusion of these measures, including
those identified in the 2016 National Academies report entitled
``Future Directions for NSF Advanced Computing Infrastructure to
Support U.S. Science and Engineering in 2017-2020''.
(b) Reports.--The Director shall document and publish every two
years a summary of the amount and types of advanced computing
capabilities that are needed to fully meet the Foundation's project
needs as identified under subsection (a).
(c) Roadmap.--To set priorities and guide strategic decisions
regarding investments in advanced computing capabilities, the Director
shall develop, publish, and regularly update a 5-year advanced
computing roadmap that--
(1) describes the advanced computing resources and
capabilities that would fully meet anticipated project needs,
including through investments in the Mid-Scale Research
Infrastructure program and the Major Research Equipment and
Facilities Construction account;
(2) draws on community input, information contained in
research proposals, allocation requests, insights from
Foundation-funded cyber-infrastructure operators, and
Foundation-wide information gathering regarding community
needs;
(3) considers computational needs of planned major
facilities;
(4) reflects anticipated technology trends;
(5) informs users and potential partners about future
facilities and services;
(6) addresses the needs of groups historically
underrepresented in STEM and geographic regions with low
availability and high demand for advanced computing resources;
(7) considers how Foundation-supported advanced computing
capabilities can be leveraged for activities through the
Directorate for Technology, Innovation, and Partnerships; and
(8) provides an update to Congress about the level of
funding necessary to fully meet computational resource needs
for the research community.
(d) Securing American Research From Cyber Theft.--
(1) Networking and information technology research and
development update.--Section 101(a)(1) of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511) is amended--
(A) by moving the margins of subparagraph (D) and
each of subparagraphs (J) through (O) two ems to the
left;
(B) by redesignating subparagraphs (J) through (O)
as subparagraphs (K) through (P), respectively; and
(C) by inserting after subparagraph (I) the
following:
``(J) provide for improving the security,
reliability, and resiliency of computing and networking
systems used by institutions of higher education and
other nonprofit research institutions for the
processing, storage and transmission of sensitive
federally funded research and associated data;''.
(2) Computing enclave pilot program.--
(A) In general.--The Director, in consultation with
the Director of the National Institute of Standards and
Technology and the Secretary of Energy, and the heads
of other relevant Federal departments and agencies,
shall establish a pilot program to make awards to
ensure the security of federally supported research
data and to assist regional institutions of higher
education and their researchers in compliance with
regulations regarding the safeguarding of sensitive
information and other relevant regulations and Federal
guidelines.
(B) Structure.--In carrying out the pilot program
established pursuant to subparagraph (A), the Director
shall select, for the development, installation,
maintenance, or sustainment of secure computing
enclaves, three institutions of higher education that
have an established graduate student program and a
demonstrated history of working with secure
information, consistent with appropriate security
protocols.
(C) Regionalization.--
(i) In general.--In selecting universities
pursuant to subparagraph (B), the Director
shall give preference to institutions of higher
education with the capability of serving other
regional universities.
(ii) Geographic dispersal.--The enclaves
should be geographically dispersed to better
meet the needs of regional interests.
(D) Program elements.--The Director shall work with
institutions of higher education selected pursuant to
subparagraph (B) to--
(i) develop an approved design blueprint
for compliance with Federal data protection
protocols;
(ii) develop a comprehensive and
confidential list, or a bill of materials, of
each binary component of the software,
firmware, or product that is required to deploy
additional secure computing enclaves;
(iii) develop templates for all policies
and procedures required to operate the secure
computing enclave in a research setting;
(iv) develop a system security plan
template; and
(v) develop a process for managing a plan
of action and milestones for the secure
computing enclave.
(E) Sustainability.--In reviewing applications for
awards, the Director shall review and consider plans
and prospects of the applicant institution of higher
education to ensure long-term sustainability of the
computing enclave, beyond the availability of Federal
funds.
(F) Duration.--Subject to other availability of
appropriations, the pilot program established pursuant
to subparagraph (A) shall operate for not less than 3
years.
(G) Report.--
(i) In general.--The Director shall report
to Congress not later than 6 months after the
completion of the pilot program under
subparagraph (A).
(ii) Contents.--The report required under
clause (i) shall include--
(I) an assessment of the pilot
program under subparagraph (A),
including an assessment of the security
benefits provided by such secure
computing enclaves;
(II) recommendations related to the
value of expanding the network of
secure computing enclaves; and
(III) recommendations on the
efficacy of the use of secure computing
enclaves by other Federal agencies in a
broader effort to expand security of
Federal research.
(H) Authorization of appropriations.--There is
authorized to be appropriated to the Director,
$38,000,000 for fiscal years 2023 through 2025, to
carry out the activities outlined in this paragraph.
SEC. 10375. NATIONAL SECURE DATA SERVICE.
(a) In General.--The Director, in consultation with the Director of
the Office of Management and Budget and the interagency committee
established under section 5103 of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9415), shall establish a
demonstration project to develop, refine, and test models to inform the
full implementation of the Commission on Evidence-Based Policymaking
recommendation for a governmentwide data linkage and access
infrastructure for statistical activities conducted for statistical
purposes, as defined in chapter 35 of title 44, United States Code.
(b) Establishment.--Not later than one year after the date of
enactment of this Act, the Director shall establish a National Secure
Data Service demonstration project. The National Secure Data Service
demonstration project shall be--
(1) aligned with the principles, best practices, and
priority actions recommended by the Advisory Committee on Data
for Evidence Building, to the extent feasible; and
(2) operated directly by or via a contract that is managed
by the National Center for Science and Engineering Statistics.
(c) Data.--In carrying out this section, the Director shall engage
with Federal and State agencies to collect, acquire, analyze, report,
and disseminate statistical data in the United States and other nations
to support governmentwide evidence-building activities consistent with
the Foundations for Evidence-Based Policymaking Act of 2018.
(d) Voluntary Participation.--Participation in the National Secure
Data Service demonstration project by Federal and State agencies shall
be voluntary.
(e) Privacy and Confidentiality Protections.--If the Director
issues a management contract under subsection (b), the recipient shall
be designated as an ``agent'' under subchapter III of chapter 35 of
title 44, United States Code, with all requirements and obligations for
protecting confidential information delineated in the Confidential
Information Protection and Statistical Efficiency Act of 2018 and the
Privacy Act of 1974.
(f) Technology and Privacy Standards.--In carrying out this
subsection, the Director shall--
(1) consider application and use only of systems and
technologies that incorporate protection measures to reasonably
ensure confidential data and statistical products are protected
in accordance with obligations under subchapter III of chapter
35 of title 44, United States Code, including systems and
technologies that ensure--
(A) raw data and other sensitive inputs are not
accessible to recipients of statistical outputs from
the National Secure Data Service demonstration project;
(B) no individual entity's data or information is
revealed by the National Secure Data Service
demonstration project platform to any other party in an
identifiable form;
(C) no information about the data assets used in
the National Secure Data Service demonstration project
is revealed to any other party, except as incorporated
into the final statistical output;
(D) the National Secure Data Service demonstration
project permits only authorized analysts to perform
statistical queries necessary to answer approved
project questions, and prohibits any other queries; and
(E) the National Secure Data Service demonstration
project conducts privacy risk assessments to minimize
the privacy risks to individual entities whose data has
been made available by a reporting entity, including
those privacy risks that could result from data
breaches of any system operated by the reporting
entity, as well as for determining approved project
questions under subparagraph (D) to minimize the
privacy risks to individuals affected by uses of the
statistical output; and
(2) the National Secure Data Service demonstration project
shall implement reasonable measures commensurate with the risks
to individuals' privacy to achieve the outcomes under
subparagraphs (A) through (E) of paragraph (1), which may
include the appropriate application of privacy-enhancing
technologies and appropriate measures to minimize or prevent
reidentification risks consistent with any applicable guidance
or regulations issued under subchapter III of chapter 35 of
title 44, United States Code.
(g) Transparency.--The National Secure Data Service established
under subsection (b) shall maintain a public website with up-to-date
information on supported projects.
(h) Report.--Not later than 2 years after the date of enactment of
this Act, the National Secure Data Service demonstration project
established under subsection (b) shall submit a report to Congress that
includes--
(1) a description of policies for protecting data,
consistent with applicable Federal law;
(2) a comprehensive description of all completed or active
data linkage activities and projects;
(3) an assessment of the effectiveness of the demonstration
project for mitigating risks and removing barriers to a
sustained implementation of the National Secure Data Service as
recommended by the Commission on Evidence-Based Policymaking;
and
(4) if deemed effective by the Director, a plan for scaling
up the demonstration project to facilitate data access for
evidence building while ensuring transparency and privacy.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this subsection $9,000,000
for each of fiscal years 2023 through 2027.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
SEC. 10381. ESTABLISHMENT.
There is established within the Foundation the Directorate for
Technology, Innovation, and Partnerships to advance research and
development, technology development, and related solutions to address
United States societal, national, and geostrategic challenges, for the
benefit of all Americans.
SEC. 10382. PURPOSES.
The purposes of the Directorate established under section 10381 are
to--
(1) support use-inspired and translational research and
accelerate the development and use of federally funded
research;
(2) strengthen United States competitiveness by
accelerating the development of key technologies; and
(3) grow the domestic workforce in key technology focus
areas, and expand the participation of United States students
and researchers in areas of societal, national, and
geostrategic importance, at all levels of education.
SEC. 10383. ACTIVITIES.
Subject to the availability of appropriated funds, the Director
shall achieve the purposes described in section 10382 by making awards
through the Directorate that--
(1) support transformational advances in use-inspired and
translational research and technology development, including
through diverse funding mechanisms and models at different
scales, to include convergence accelerators and projects
designed to achieve specific technology metrics or objectives;
(2) encourage the translation of research into innovations,
processes, and products, including by--
(A) engaging researchers on topics relevant to
United States societal, national, and geostrategic
challenges, including by educating researchers on
engaging with end users and the public;
(B) advancing novel approaches and reducing
barriers to technology transfer, including through
intellectual property frameworks between academia and
industry, nonprofit entities, venture capital
communities, and approaches to technology transfer for
applications with public benefit that may not rely on
traditional commercialization tools; and
(C) establishing partnerships that connect
researchers and research products to businesses,
accelerators, and incubators that enable research
uptake, prototype development and scaling,
entrepreneurial education, and the formation and growth
of new companies;
(3) develop mutually-beneficial research and technology
development partnerships and collaborations among institutions
of higher education, including historically Black colleges and
universities, Tribal Colleges or Universities, minority-serving
institutions, emerging research institutions, EPSCoR
institutions, and nonprofit organizations, labor organizations,
businesses and other for-profit entities, Federal or State
agencies, local or Tribal governments, civil society
organizations, other Foundation directorates, national labs,
field stations and marine laboratories, and, as appropriate,
international entities and binational research and development
foundations and funds, excluding foreign entities of concern;
(4) partner with other directorates and offices of the
Foundation for specific projects or research areas including--
(A) to pursue basic questions about natural, human,
and physical phenomena that could enable advances in
the challenges and key technology focus areas under
section 10387;
(B) to study questions that could affect the design
(including human interfaces), safety, security,
operation, deployment, or the social and ethical
consequences of technologies and innovations in the
challenges and key technology focus areas under section
10387, including the development of technologies and
innovations that complement or enhance the abilities of
workers and impact of specific innovations on domestic
jobs and equitable opportunity; and
(C) to further the creation of a domestic workforce
capable of advancing, using, and adapting to the key
technology focus areas;
(5) build capacity and infrastructure for use-inspired and
translational research at institutions of higher education
across the United States, including by making awards to support
administrative activities that advance development, operation,
integration, deployment, and sharing of innovation;
(6) support the education, mentoring, and training of
undergraduate students, graduate students, and postdoctoral
researchers, to both advance use-inspired and translational
research and to address workforce challenges, through
scholarships, fellowships, and traineeships; and
(7) identify social, behavioral, and economic drivers and
consequences of technological innovations that could enable
advances in the challenges and key technology focus areas under
section 10387.
SEC. 10384. REQUIREMENTS.
In carrying out the activities under the Directorate, the Director
shall ensure the programmatic work of the Directorate and Foundation--
(1) utilizes the full potential of the United States
workforce by avoiding undue geographic concentration of
research and development and education funding across the
United States, and encourages broader participation in the key
technology focus area workforce by populations historically
underrepresented in STEM; and
(2) incorporates a worker perspective through participation
by labor organizations and workforce training organizations.
SEC. 10385. ASSISTANT DIRECTOR.
(a) In General.--The Director shall appoint an Assistant Director
responsible for the management of the Directorate established under
this subtitle, in the same manner as other Assistant Directors of the
Foundation are appointed.
(b) Qualifications.--The Assistant Director shall be an individual,
who by reason of professional background and experience, is specially
qualified to--
(1) advise the Director on all matters pertaining to use-
inspired and translational research, development, and
commercialization at the Foundation, including partnership with
the private sector and other users of Foundation funded
research; and
(2) develop and implement the necessary policies and
procedures to promote a culture of use-inspired and
translational research within the Directorate and across the
Foundation and carry out the responsibilities under subsection
(c).
(c) Responsibilities.--The responsibilities of the Assistant
Director shall include--
(1) advising the Director on all matters pertaining to use-
inspired and translational research and development activities
at the Foundation, including effective practices for
convergence research, and the potential impact of Foundation
research on United States societal, national and geostrategic
challenges;
(2) identifying opportunities for and facilitating
coordination and collaboration, where appropriate, on use-
inspired and translational research, development, adoption, and
commercialization--
(A) among the offices, directorates, and divisions
within the Foundation; and
(B) between the Foundation and stakeholders in
academia, the private sector, including non-profit
entities, labor organizations, Federal or State
agencies, and international entities, as appropriate;
(3) ensuring that the activities carried out under this
subtitle do not substantially and unnecessarily duplicate
activities supported by other parts of the Foundation or other
relevant Federal agencies;
(4) approving all new programs within the Directorate;
(5) developing and testing diverse merit-review models and
mechanisms for selecting and providing awards for use-inspired
and translational research and development at different scales,
from individual investigator awards to large multi-institution
collaborations;
(6) assessing the success of programs;
(7) administering awards to achieve the purposes described
in section 10382; and
(8) performing other such duties pertaining to the purposes
in section 10382 as are required by the Director.
(d) Relationship to the Director.--The Assistant Director shall
report to the Director.
(e) Relationship to Other Programs.--No other directorate within
the Foundation shall report to the Assistant Director.
SEC. 10386. ADVISORY COMMITTEE.
(a) In General.--In accordance with the Federal Advisory Committee
Act (5 U.S.C. App.) the Director shall establish an advisory committee
to assess, and make recommendations regarding, the activities carried
out under this subtitle.
(b) Membership.--The advisory committee members shall--
(1) be individuals with relevant experience or expertise,
including individuals from industry and national labs,
educators, academic subject matter experts, including
individuals with knowledge of key technology focus areas and
their impact on United States national security and
geostrategic leadership, the technical and social dimensions of
science and technology, technology transfer experts, labor
organizations, representatives of civil society, and other
nongovernmental organizations; and
(2) consist of at least 10 members broadly representative
of stakeholders, including no less than 3 members from the
private sector, none of whom shall be an employee of the
Federal Government, and no less than 1 member with significant
expertise in United States national security and economic
competitiveness.
(c) Responsibilities.--The Committee's responsibilities shall
include--
(1) reviewing and advising on activities carried out under
this subtitle;
(2) proposing strategies for fulfilling the purposes in
section 10382;
(3) proposing potential areas of research, particularly as
relevant to United States societal, national, and geostrategic
challenges; and
(4) other relevant issues as determined by the Director.
SEC. 10387. CHALLENGES AND FOCUS AREAS.
(a) In General.--In consultation with the Assistant Director, the
Board, and the interagency working group established under subtitle F
of title VI, the Director shall identify, and annually review and
update as appropriate, a list of--
(1) not more than 5 United States societal, national, and
geostrategic challenges that may be addressed by technology to
guide activities under this subtitle; and
(2) not more than 10 key technology focus areas to guide
activities under this subtitle.
(b) Initial List of Societal, National, and Geostrategic
Challenges.--The initial list of societal, national, and geostrategic
challenges are the following:
(1) United States national security.
(2) United States manufacturing and industrial
productivity.
(3) United States workforce development and skills gaps.
(4) Climate change and environmental sustainability.
(5) Inequitable access to education, opportunity, or other
services.
(c) Initial List of Key Technology Focus Areas.--The initial list
of key technology focus areas are the following:
(1) Artificial intelligence, machine learning, autonomy,
and related advances.
(2) High performance computing, semiconductors, and
advanced computer hardware and software.
(3) Quantum information science and technology.
(4) Robotics, automation, and advanced manufacturing.
(5) Natural and anthropogenic disaster prevention or
mitigation.
(6) Advanced communications technology and immersive
technology.
(7) Biotechnology, medical technology, genomics, and
synthetic biology.
(8) Data storage, data management, distributed ledger
technologies, and cybersecurity, including biometrics.
(9) Advanced energy and industrial efficiency technologies,
such as batteries and advanced nuclear technologies, including
but not limited to for the purposes of electric generation
(consistent with section 15 of the National Science Foundation
Act of 1950 (42 U.S.C. 1874).
(10) Advanced materials science, including composites 2D
materials, other next-generation materials, and related
manufacturing technologies.
(d) Relationship Between United States Societal, National, and
Geostrategic Challenges and Key Technology Focus Areas.--
(1) In updating the list under subsection (a)(1), the
Director shall evaluate national and global technology trends.
(2) In updating the list under subsection (a)(2), the
Director shall consider the impact of the selected technologies
on United States societal, national, and geostrategic
challenges.
(3) The list under subsection (a)(2) may, but is not
required to, align directly with the list under subsection
(a)(1).
(4) Nothing under this section shall prevent the Director
from making limited investments in technologies or areas not
identified in subsection (a)(1) or subsection (a)(2).
(e) Review and Updates.--The Director, in coordination with the
interagency working group established under subtitle F of title VI and
in consultation with the Director of National Intelligence and the
Director of the Federal Bureau of Investigation, shall annually review
and update as appropriate, the list of key technology focus areas for
purposes of this division. As part of the annual review, the Director--
(1) shall consider input from relevant industries and
stakeholders;
(2) may consider the challenges and recommendations
identified in the reports required by sections 206 and 206B of
the National Science and Technology Policy, Organization, and
Priorities Act of 1976, as added by section 10611 and 10613 of
this division and in other relevant reports, such as technology
and global trend reports from the defense and intelligence
communities;
(3) shall consider the potential impact of the key
technology focus areas on addressing societal, national, and
geostrategic challenges; and
(4) subject to the limitation under subsection (a), may add
or delete key technology focus areas in light of shifting
national needs or competitive threats to the United States
(including for reasons of the United States or other countries
having advanced or fallen behind in a technological area).
(f) Reporting.--At the conclusion of the annual review and update
process required by subsection (e), the Director, in consultation with
other Federal research agencies, as appropriate, shall deliver a report
to Congress detailing--
(1) the key technology focus areas and rationale for their
selection;
(2) the societal, national, and geostrategic challenges and
rationale for their selection;
(3) the role of the Foundation in advancing the key
technology focus areas;
(4) the impact, including to the academic research
community, of any changes to the key technology focus areas;
and
(5) the activities and partnerships between the Directorate
and the private sector.
(g) Detailed Description.--The National Science Foundation shall,
in coordination with the Office of Management and Budget, submit as
part of their annual budget requests to Congress, a detailed
description of the activities to be funded under this subtitle,
including an explanation of how the requested funding is complementary
and not redundant of programs, efforts, and infrastructure undertaken
or supported by other relevant Federal agencies.
(h) National Academies.--Not later than 5 years after the date of
enactment of this Act, the Director shall contract with the National
Academies to conduct a review of the key technology focus areas and the
societal, national, and geostrategic challenges, including--
(1) an assessment of their selection process;
(2) an assessment of their relevance to the purposes of the
Directorate, including to solving challenges with social,
economic, health, scientific, and national security
implications;
(3) a review of whether Federal investment in the key
technology focus areas have resulted in new domestic
manufacturing capacity and job creation;
(4) an assessment of any critical, new emerging areas;
(5) an assessment of Federal investments in education and
workforce development to support the key technology focus
areas; and
(6) an assessment of relative balance in leadership in
addressing the key technology focus areas between the United
States, allied and partner countries, and the People's Republic
of China.
SEC. 10388. REGIONAL INNOVATION ENGINES.
(a) In General.--From amounts made available to the Directorate,
the Director shall make awards to eligible entities for the planning,
establishment, and support of Regional Innovation Engines.
(b) Purpose.--The purpose of the Regional Innovation Engines shall
be to--
(1) advance multidisciplinary, collaborative, use-inspired
and translational research, technology development, in key
technology focus areas;
(2) address regional, national, societal, or geostrategic
challenges;
(3) leverage the expertise of multi-disciplinary and multi-
sector partners, including partners from private industry,
nonprofit organizations, and civil society organizations; and
(4) support the development of scientific, innovation,
entrepreneurial, and STEM educational capacity within the
region of the Regional Innovation Engine to grow and sustain
regional innovation.
(c) Uses of Funds.--Funds awarded under this section may be used by
a Regional Innovation Engine to--
(1) conduct use-inspired and translational research and
technology development to advance innovation in at least one of
the key technology focus areas and to help solve a compelling
regional, national, societal, or geostrategic challenge;
(2) further the development, adoption, and
commercialization of innovations in key technology focus areas,
including through support for proof-of-concept development, and
through partnership with other Federal agencies and Federal
laboratories, industry, including startup companies, labor
organizations, civil society organizations, and State,
territorial, local, and Tribal governments;
(3) develop and manage, or facilitate access to, test beds
and instrumentation, which may include fabrication facilities
and cyberinfrastructure, to advance the development,
integration, and demonstration of new, innovative technologies,
including hardware or software;
(4) establish traineeship programs for graduate students
who pursue degrees and research related to the key technology
focus areas leading to a masters or doctorate degree by
providing funding and other assistance, and opportunities for
research experiences in government or industry related to the
students' studies;
(5) engage in outreach and engagement in the region to
broaden participation in the activities of the Regional
Innovation Engine; and
(6) reimburse, in part or in whole, the cost of
instrumentation, technology transfer, and commercialization
activities, including patenting and licensing, and for
operations and staff, as the Director determines appropriate.
(d) Selection Process.--In making awards under this subtitle, the
Director shall consider, in addition to the scientific and technical
merit of the proposal, the extent to which the activities and locations
proposed--
(1) have the potential to create an innovation ecosystem,
or enhance existing ecosystems and contribute to job creation
in a region;
(2) demonstrate a capacity to engage and partner with
multiple types of institutions of higher education, industry,
labor, nonprofit organizations, civil society organizations,
other Federal agencies, Federal laboratories, State, local, and
Tribal governments, and other appropriate organizations,
including to inform research directions and account for
ethical, societal, safety, and security implications relevant
to the potential applications of the research;
(3) demonstrate a capacity to broaden participation of
populations historically underrepresented in STEM in the
activities of the Regional Innovation Engine; and
(4) demonstrate a plan and capability to prevent the
inappropriate use or dissemination of the research and
technology, including research results, data, and intellectual
property, as appropriate and consistent with the requirements
of the relevant award.
(e) Requirements.--
(1) Eligibility.--For the purposes of this section, an
``eligible entity'' means an institution of higher education, a
nonprofit organization, a private sector entity, or a
consortium thereof.
(2) Partnerships.--To be eligible for an award under this
section an eligible entity--
(A) shall include in its proposal partnership with
1 or more institution that is--
(i) a historically Black college or
university;
(ii) a Tribal College or University;
(iii) a minority-serving institution;
(iv) an EPSCoR institution;
(v) an emerging research institution; or
(vi) a community college;
(B) may include partnership with 1 or more--
(i) additional entities described in
paragraph (2)(A);
(ii) industry entities, including startups,
small businesses, and public-private
partnerships;
(iii) economic development organizations or
venture development organizations, as such
terms are defined in section 28(a) of the
Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 13701 et seq.), as added by
section 10621 of this division;
(iv) National Laboratories;
(v) Federal laboratories, as defined in
section 4 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703);
(vi) Federal research facilities;
(vii) labor organizations;
(viii) entities described in paragraph (1)
or (2) from allied or partner countries;
(ix) other entities to be vital to the
success of the program, as determined by the
Director;
(x) binational research and development
foundations and funds, excluding those
affiliated with foreign entities of concern, as
defined in section 10612; and
(xi) Engineer Research and Development
Center laboratories of the Army Corps of
Engineers; and
(C) shall include as part of its proposal a plan
for--
(i) establishing a sustained partnership
that is jointly developed and managed, draws
from the capacities of each institution, and is
mutually beneficial; and
(ii) documents governance and management
plans, financial contributions from non-Federal
sources, and plans for ownership and use of any
intellectual property.
(3) Promoting partnerships.--In making awards under this
section, the Director shall encourage applicants for a Regional
Innovation Engine that include multiple regional partners as
described in subsection (e)(2).
(4) Geographic distribution.--In making awards under this
section, the Director shall take into consideration the extent
to which the proposals expand the geographic distribution of
the Regional Innovation Engines, including by giving special
consideration to rural-serving institutions of higher
education.
(5) Resource availability.--The Director shall ensure that
any eligible entity receiving an award under this section
shall--
(A) provide information on relevant currently
existing resources available to the proposing team from
all internal and external sources, including all
partner organizations; and
(B) include letters of collaboration from partner
organizations that include information on resource
contributions committed by such partners.
(f) Collaboration With Regional Technology Hubs.--Each Regional
Innovation Engine established under this section may collaborate and
participate in, as appropriate, the activities of any regional
technology hub designated under section 28 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added by
section 10621.
(g) Duration.--
(1) Initial period.--An award under this section shall be
for an initial period of 5 years.
(2) Renewal.--An established Regional Innovation Engine may
apply for, and the Director may award, extended funding for
periods of 5 years on a merit-reviewed basis.
(h) Competitive, Merit-review.--In making awards under this
section, the Director shall--
(1) use a competitive, merit review process that includes
peer review by a diverse group of individuals with relevant
expertise from both the private and public sectors; and
(2) ensure the focus areas of the Regional Innovation
Engines do not substantially and unnecessarily duplicate the
efforts of any other Regional Innovation Engine or any other
similar effort at another Federal agency.
(i) Collaboration.--In making awards under this section, the
Director may collaborate with Federal departments and agencies whose
missions contribute to or are affected by the technology focus area of
the institute.
SEC. 10389. TRANSLATION ACCELERATOR.
(a) In General.--The Director shall establish Translation
Accelerators to further the research, development, and
commercialization of innovation in the key technology focus areas.
(b) Partnerships.--
(1) In general.--Each Translation Accelerator shall be
comprised of a partnership including 2 or more of the following
entities:
(A) An institution of higher education.
(B) A for-profit company.
(C) A nonprofit organization.
(D) A Federal agency.
(E) Another entity, if that entity is determined by
the Director to be vital to the success of the program.
(2) Institutional or organizational level.--The Director
shall work to ensure that such partnerships exist at the
institutional or organization level, rather than solely at the
principal investigator level.
(3) Cost share.--Not less than 25 percent of the funding
for an institute shall be provided by non-Federal entities.
(4) Number of centers and institutes established.--The
Director shall endeavor to establish a balance in the number of
Regional Innovation Engines and Translation Accelerators.
(c) Authorization of Appropriations.--From within funds authorized
for the Directorate for Technology, Innovation, and Partnerships, there
are authorized to carry out the activities under this section and
section 10388 $6,500,000,000 for fiscal years 2023 through 2027.
SEC. 10390. TEST BEDS.
(a) Program Authorized.--
(1) In general.--From amounts made available for the
Directorate, the Director, in coordination with the Director of
the National Institute of Standards and Technology, the
Secretary of Energy, and other Federal agencies, as determined
appropriate by the Director, shall establish a program in the
Directorate to make awards, on a competitive basis, to
institutions of higher education, nonprofit organizations, or
consortia thereof to establish and operate test beds, which may
include fabrication facilities and cyberinfrastructure, to
advance the development, operation, integration, deployment,
and, as appropriate, demonstration of new, innovative critical
technologies, which may include hardware or software.
(2) Coordination.--In establishing new test beds under this
section, the Director shall ensure coordination with other test
beds supported by the Foundation or other Federal agencies to
avoid duplication and maximize the use of Federal resources.
(b) Proposals.--An applicant for an award under this section shall
submit a proposal to the Director, at such time, in such manner, and
containing such information as the Director may reasonably require. The
proposal shall, at a minimum, describe--
(1) the technology or technologies that will be the focus
of the test bed;
(2) the goals of the work to be done at the test bed;
(3) how the applicant will assemble a workforce with the
skills needed to operate the test bed;
(4) how the applicant will ensure broad access to the test
bed;
(5) how the applicant will collaborate with firms in
critical technologies, including through coordinated research
and development and funding, to ensure that work in the test
bed will contribute to the commercial viability of any
technologies and will include collaboration from industry and
labor organizations;
(6) how the applicant will encourage the participation of
inventors and entrepreneurs and the development of new
businesses;
(7) how the applicant will increase participation by
populations that are underrepresented in STEM;
(8) how the applicant will demonstrate that the commercial
viability of any new technologies will support the creation of
high-quality domestic jobs;
(9) how the test bed will operate after Federal funding has
ended;
(10) how the test bed will disseminate lessons and other
technical information to United States entities or allied or
partner country entities in the United States; and
(11) how the applicant plans to take measures to prevent
the inappropriate use of research results, data, and
intellectual property, as applicable and consistent with the
requirements of the award.
(c) Authorized Use of Funds.--A recipient of an award under this
section may, consistent with the purposes of this section, use the
award for the purchase of equipment and for the support of students,
faculty and staff, and postdoctoral researchers.
(d) Geographic Diversity.--In selecting award recipients under this
section, the Director shall consider the extent to which proposals
would expand the geographic diversity of test beds.
SEC. 10391. PLANNING AND CAPACITY BUILDING AWARDS.
(a) In General.--Under the program established in section 508 of
the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-2)
and the activities authorized under this section, from amounts made
available to the Directorate, the Director, in coordination with other
Federal agencies as determined appropriate by the Director, shall make
awards, on a competitive basis, to eligible entities to advance the
development, adoption, and commercialization of technologies,
consistent with the purposes of the Directorate under section 10382.
(b) Eligible Entity.--To be eligible to receive an award under this
section, an entity shall be--
(1) an institution of higher education, which may be a
community college (or a consortium of such institutions);
(2) a nonprofit organization that is either affiliated with
an institution of higher education or designed to support
technology development or entrepreneurship; or
(3) a consortium that includes--
(A) an entity described in paragraph (1) or (2) as
the lead award recipient; and
(B) one or more additional individuals or entities,
which shall be--
(i) an economic development organization or
similar entity that is focused primarily on
improving science, technology, innovation, or
entrepreneurship;
(ii) an industry organization or firm in a
relevant technology or innovation sector;
(iii) an industry-experienced executive
with entrepreneurship experience that is
focused primarily on de-risking technologies
from both a scientific and a business
perspective; or
(iv) an individual or entity with industry
and startup expertise, including a mentor
network, across relevant technology or
innovation sectors.
(c) Use of Funds.--In addition to activities listed under section
10383, an eligible entity receiving an award under this section may use
funds to--
(1) identify academic research with the potential for
technology transfer and commercialization, particularly as
relevant to the purposes of the Directorate under section
10382;
(2) ensure the availability of staff, including technology
transfer professionals, entrepreneurs in residence, and other
mentors as required to accomplish the purpose of this section;
(3) help offset the costs of patenting and licensing
research products, both domestically and internationally;
(4) revise institution policies, including policies related
to intellectual property and faculty entrepreneurship, and
taking other necessary steps to implement relevant best
practices for academic technology transfer;
(5) develop local, regional, and national partnerships
among institutions of higher education and between institutions
of higher education and private sector entities and other
relevant organizations, including investors, with the purpose
of building networks, expertise, and other capacity to identify
promising research that may have potential market value and
enable researchers to pursue further development and transfer
of their ideas into possible commercial or other use;
(6) develop seminars, courses, and other educational
opportunities for students, post-doctoral researchers, faculty,
and other relevant staff at institutions of higher education to
increase awareness and understanding of entrepreneurship,
patenting, business planning, research security, and other
areas relevant to technology transfer, and connect students and
researchers to relevant resources, including mentors in the
private sector; and
(7) create, support, or fund entities or competitions to
allow entrepreneurial students and faculty to illustrate the
commercialization potential of their ideas, including through
venture funds of institution of higher education.
(d) Limitations on Funding.--
(1) Awards made under this section shall be at least 3
years in duration and shall not exceed $1,000,000 per fiscal
year.
(2) Awards made under this section shall not support the
development or operation of capital investment funds.
(e) Application.--An eligible entity seeking funding under this
section shall submit an application to the Director at such time, in
such manner, and containing such information and assurances as such
Director may require. The application shall include, at a minimum, a
description of--
(1) how the eligible entity submitting an application plans
to sustain the proposed activities beyond the duration of the
award;
(2) the steps the applicant will take to enable technology
transfer and adoption and why such steps are likely to be
effective;
(3) how the applicant will encourage the training and
participation of students and potential entrepreneurs and the
transition of research results to practice, including the
development of new businesses;
(4) as relevant, potential steps to drive economic growth
in a particular region, by collaborating with industry, venture
capital entities, non-profit organizations, and State and local
governments within that region; and
(5) background information that the Director determines is
relevant to demonstrate the success of the innovation and
entrepreneurship support models proposed by the applicant to
commercialize technologies.
(f) Collaborative Innovation Resource Center Program.--
(1) In general.--The Director shall make awards under this
section to eligible entities to establish collaborative
innovation resource centers that promote regional technology
transfer and technology development activities available to
more than one institution of higher education and to other
entities in a region.
(2) Use of funds.--An eligible entity that receives an
award under this subsection shall use award funds to carry out
one or more of the following activities, to the benefit of the
region in which the center is located:
(A) Providing start-ups and small business concerns
(as defined in section 3 of the Small Business Act (15
U.S.C. 632)) within the region with access to
facilities, scientific infrastructure, personnel, and
other assets as required for technology maturation.
(B) Supporting entrepreneurial training for start-
up and small business personnel.
(3) Providing engineering and entrepreneurial experiences
and hands-on training for students enrolled in participating
institutions of higher education.
(g) Reporting on Commercialization Metrics.--The Director shall
establish--
(1) metrics related to commercialization for an award under
this section; and
(2) a reporting schedule for recipients of such awards that
takes into account both short- and long-term goals of the
programs under this section.
(h) Geographic Diversity.--The Director shall ensure regional and
geographic diversity in issuing awards under this section.
(i) Authorization of Appropriations.--From within funds authorized
for the Directorate for Technology, Innovation, and Partnerships, there
are authorized to carry out the activities under this section
$3,100,000,000 for fiscal years 2023 through 2027.
SEC. 10392. ENTREPRENEURIAL FELLOWSHIPS.
(a) In General.--The Director, acting through the Directorate for
Technology, Innovation, and Partnerships, shall award fellowships to
scientists and engineers to help develop leaders capable of maturing
promising ideas and technologies from lab to market or other use and
forge connections between academic research and the government,
industry, financial sectors, and other end users.
(b) Application.--An applicant for a fellowship under this section
shall submit to the Director an application at such time, in such
manner, and containing such information as the Director may require. At
a minimum, the Director shall require that applicants--
(1) have completed a doctoral degree in a STEM field no
more than 5 years prior to the date of the application, or have
otherwise demonstrated significant postbaccalaureate scientific
research experience and are considered early career, according
to requirements established by the Director; and
(2) have included in the application a proposal for how the
fellow will be embedded in a host institution's research
environment.
(c) Outreach.--The Director shall conduct program outreach to
recruit fellowship applicants--
(1) from diverse research institutions;
(2) from all regions of the country; and
(3) from groups historically underrepresented in STEM
fields.
(d) Administration Agreements.--The Director may enter into an
agreement with a qualified third-party entity to administer the
fellowships, subject to the provisions of this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Director a total of $125,000,000 for fiscal years
2023 through 2027, to carry out the activities outlined in this
section.
SEC. 10393. SCHOLARSHIPS AND FELLOWSHIPS.
(a) In General.--The Director, acting through the Directorate,
shall fund undergraduate scholarships (including at community
colleges), graduate fellowships and traineeships, and postdoctoral
awards in the key technology focus areas.
(b) Implementation.--The Director may carry out subsection (a) by
making awards--
(1) directly to students; and
(2) to institutions of higher education or consortia of
institutions of higher education, including those institutions
or consortia involved in operating Regional Innovation Engines
established under section 10388.
(c) Broadening Participation.--In carrying out this section, the
Director shall take steps to increase the participation of populations
that are underrepresented in STEM, which may include--
(1) establishing or augmenting programs targeted at
populations that are underrepresented in STEM;
(2) supporting traineeships or other relevant programs at
historically Black colleges and universities, Tribal Colleges
or Universities, and minority-serving institutions;
(3) enabling low-income populations to pursue associate,
undergraduate, or graduate level degrees in STEM;
(4) addressing current and expected gaps in the
availability or skills of the STEM workforce, or addressing
needs of the STEM workforce, including by increasing
educational capacity at institutions and by prioritizing awards
to United States citizens, permanent residents, and individuals
that will grow the domestic workforce; and
(5) addressing geographic diversity in the STEM workforce.
(d) Encouraging Innovation.--In carrying out this section, the
Director shall encourage innovation in graduate education, including
through encouraging institutions of higher education to offer graduate
students opportunities to gain experience in industry or Government as
part of their graduate training, and through support for students in
professional master's programs related to the key technology focus
areas or to the societal, national, and geostrategic challenges.
(e) Areas of Funding Support.--Subject to the availability of funds
to carry out this section, the Director shall--
(1) issue--
(A) postdoctoral awards,
(B) graduate fellowships and traineeships,
inclusive of the NSF Research Traineeships and
fellowships awarded under the Graduate Research
Fellowship Program; and
(C) scholarships, including undergraduate
scholarships, research experiences, and internships,
including--
(i) scholarships to attend community
colleges; and
(ii) research experiences and internships
under sections 513, 514, and 515 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C.
1862p-5; 1862p-6; 1862p-7);
(2) ensure that not less than 10 percent of the funds made
available to carry out this section are used to support
additional awards that focus on community college training,
education, and teaching programs that increase the
participation of populations that are historically
underrepresented in STEM, including technical programs through
programs such as the Advanced Technological Education program;
and
(3) if funds remain after carrying out paragraphs (1) and
(2) make awards to institutions of higher education to enable
the institutions to fund the development and establishment of
new or specialized programs of study for graduate,
undergraduate, or technical college students and the evaluation
of the effectiveness of those programs of study.
(f) Low-income Scholarship Program.--
(1) In general.--The Director shall award scholarships to
low-income individuals to enable such individuals to pursue
associate, undergraduate, or graduate level degrees in STEM
fields.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this subsection, an individual--
(i) must be a citizen of the United States,
a national of the United States (as defined in
section 1101(a) of title 8), an alien admitted
as a refugee under section 1157 of title 8, or
an alien lawfully admitted to the United States
for permanent residence;
(ii) shall prepare and submit to the
Director an application at such time, in such
manner, and containing such information as the
Director may require; and
(iii) shall certify to the Director that
the individual intends to use amounts received
under the scholarship to enroll or continue
enrollment at an institution of higher
education (as defined in section 1001(a) of
title 20) in order to pursue an associate,
undergraduate, or graduate level degree in STEM
fields designated by the Director.
(B) Ability.--Awards of scholarships under this
subsection shall be made by the Director solely on the
basis of the ability of the applicant, except that in
any case in which 2 or more applicants for scholarships
are deemed by the Director to be possessed of
substantially equal ability, and there are not
sufficient scholarships available to award one to each
of such applicants, the available scholarship or
scholarships shall be awarded to the applicants in a
manner that will tend to result in a geographically
wide distribution throughout the United States
recipients' places of permanent residence.
(3) Scholarship amount and renewal.--Section 414(d) of the
American Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c) is amended in paragraph (3) by--
(A) striking ``, except that the Director shall not
award a scholarship in an amount exceeding $10,000 per
year''; and
(B) striking ``4 years'' and inserting ``5 years''.
(4) Authorization.--Of amounts authorized for the
Directorate for Technology, Innovation, and Partnerships,
$100,000,000 shall be authorized to carry out this subsection.
(g) Existing Programs.--The Director may use or augment existing
STEM education programs of the Foundation and leverage education or
entrepreneurial partners to carry out this section.
SEC. 10394. RESEARCH AND DEVELOPMENT AWARDS.
(a) In General.--From amounts made available for the Directorate,
the Director shall make awards, on a competitive basis, for research
and technology development within the key technology focus areas,
including investments that advance solutions to the challenges under
section 10387.
(b) Purpose.--The purpose of the awards under this section shall be
to accelerate technological advances and technology adoption in the key
technology focus areas.
(c) Recipients.--Recipients of funds under this section may include
institutions of higher education, research institutions, non-profit
organizations, private sector entities, consortia, or other entities as
defined by the Director.
(d) Metrics.--The Director may set metrics, including goals and
deadlines, for the development and demonstration of technology as
determined in the terms of the award, and may use such metrics to
determine whether an award recipient shall be eligible for continued or
follow-on funding.
(e) Short Term Technology Deployment.--The Director shall also make
awards, including through the SBIR and STTR programs (as defined in
section 9(e) of the Small Business Act (15 U.S.C. 638(e)), to expedite
short-term technology deployment within a period of no longer than 24
months.
(f) Selection Criteria.--In selecting recipients for an award under
this section, the Director shall consider, at a minimum--
(1) the relevance of the project to the challenges and the
key technology focus areas under section 10387, and the
potential of the project to result in transformational advances
for such challenges and the key technology focus areas;
(2) the current status of similar technology, the limits of
current practice, and the novelty and risks of the proposed
project;
(3) the ethical, societal, safety, and security
implications relevant to the application of the technology;
(4) the appropriateness of quantitative goals and metrics
for evaluating the project and a plan for evaluating those
metrics; and
(5) the path for developing and, as appropriate,
commercializing the technology into products and processes in
the United States.
(g) Authorization of Appropriations.--From within funds authorized
for the Directorate for Technology, Innovation, and Partnerships, there
are authorized to carry out the activities under this section
$1,000,000,000 for fiscal years 2023 through 2027.
SEC. 10395. SCALING INNOVATIONS IN PREK-12 STEM EDUCATION.
(a) In General.--Taking into consideration the recommendations
under section 10311(a)(4) of subtitle B, the Director shall make
awards, on a competitive, merit-reviewed basis, to establish
multidisciplinary Centers for Transformative Education Research and
Translation (in this section referred to as ``Centers'') to support
research and development on widespread and sustained implementation of
STEM education innovations.
(b) Eligibility.--The entity seeking an award for a Center under
this section must be an institution of higher education, a nonprofit
organization, or a consortium of such institutions or organizations,
which may include a STEM ecosystem .
(c) Application.--An eligible entity under subsection (b) seeking
an award under this section shall submit an application to the Director
at such time, in such manner, and containing such information as the
Director may require. The application shall include, at a minimum, a
description of how the proposed Center will be used to--
(1) establish partnerships among academic institutions,
local or State educational agencies, and other relevant
stakeholders in supporting programs and activities to
facilitate the widespread and sustained implementation of
promising, evidence-based STEM education practices, models,
programs, curriculum, and technologies;
(2) support enhanced STEM education infrastructure,
including cyberlearning technologies, to facilitate the
widespread adoption of promising, evidence-based practices;
(3) support research and development on scaling practices,
partnerships, and alternative models to current approaches,
including approaches sensitive to the unique combinations of
capabilities, resources, and needs of varying localities,
educators, and learners;
(4) include a focus on the learning needs of under-
resourced schools and learners in low-resource or
underachieving local educational agencies in urban and rural
communities and the development of high-quality curriculum that
engages these learners in the knowledge and practices of STEM
fields;
(5) include a focus on the learning needs and unique
challenges facing students with disabilities;
(6) support research, development, or education on one or
more of the key technology focus areas;
(7) support research and development on scaling practices
and models to support and sustain highly-qualified STEM
educators in urban and rural communities; and
(8) at the discretion of the Director, any other
requirements recommended in the study commissioned under
section 10311(a) of subtitle B.
(d) Additional Considerations.--In making an award under this
section, the Director may also consider the extent to which the
proposed Center will--
(1) leverage existing collaborations, tools, and strategies
supported by the Foundation, including NSF INCLUDES and the
Convergence Accelerators;
(2) support research on and the development and scaling of
innovative approaches to distance learning and education for
various student populations;
(3) support education innovations that leverage new
technologies or deepen understanding of the impact of
technology on educational systems; and
(4) include a commitment from local or State education
administrators to making the proposed reforms and activities a
priority.
(e) Partnership.--In carrying out the program under this section,
the Director shall explore opportunities to partner with the Department
of Education, including through jointly funding activities under this
section.
(f) Duration.--Each award made under this section shall be for a
duration of no more than 5 years.
(g) Annual Meeting.--The Director shall encourage and facilitate an
annual meeting of the Centers, as appropriate, to foster collaboration
among the Centers and to further disseminate the results of the
Centers' supported activities.
(h) Existing Programs.--The Director may use existing NSF programs
to establish and execute this section.
(i) Report.--Not later than 5 years after the date of enactment of
this Act, the Director shall submit to Congress and make widely
available to the public a report that includes--
(1) a description of the focus and proposed goals of each
Center;
(2) an assessment, based on a common set of benchmarks and
tools, of the Centers' success in helping to promote scalable
solutions in PreK-12 STEM education; and
(3) any recommendations for administrative and legislative
action that could optimize the effectiveness of the Centers
established under this section.
SEC. 10396. AUTHORITIES.
In addition to existing authorities available to the Foundation,
the Director may exercise the following authorities in carrying out the
activities under this subtitle:
(1) Awards.--In carrying out this subtitle, the Director
may provide awards in the form of grants, contracts,
cooperative agreements, cash prizes, and other transactions.
(2) Program directors.--
(A) Designation.--The Director may designate
individuals to serve as program directors for the
programs established within the Directorate pursuant to
the responsibilities established under subparagraph
(B). The Director shall ensure that program directors--
(i) have expertise in one or more of the
challenges and key technology focus areas under
section 10387; and
(ii) come from a variety of backgrounds,
including industry, and from a variety of
institutions of higher education.
(B) Responsibilities.--A program director of a
program of the Directorate, in consultation with the
Assistant Director, shall be responsible for--
(i) establishing research and development
goals for the program, including through the
convening of workshops, conferring with a broad
range of stakeholders and outside experts,
taking into account relevant expert reports,
and publicizing the goals of the program to the
public and private sectors;
(ii) surveying a wide range of institutions
of higher education, nonprofit organizations,
and private entities to identify emerging
trends in the challenges and key technology
focus areas under section 10387, and, as
appropriate, soliciting proposals from such
entities to conduct research in areas of
particular promise that the private sector is
the not likely to undertake independently.
(iii) facilitating research collaborations
in the challenges and key technology focus
areas under section 10387, including connecting
academic researchers with potential end-users
of technology, including industry, labor
organizations, nonprofit organizations, civil
society organizations, and other relevant
organizations;
(iv) reviewing applications for projects
submitted under section 10394 according to the
Merit Review Criteria established by the
Director for such projects and described in the
Foundation's Proposal and Award Policies and
Procedures Guide, and any such additional
criteria as determined by the Director; and
(v) monitoring the progress of projects
supported under the program and taking into
account input from relevant experts and
stakeholders, recommending program updates as
needed.
(C) Selection criteria.--Program directors may use
diverse merit review models for selection of award
recipients under section 10394, including internal
review and different models that use peer review.
(D) Terms.--Program directors of the Directorate
may be appointed by the Director for a limited term,
renewable at the discretion of the Director.
(3) Experts in science and engineering.--
(A) Program authorized.--The Foundation may carry
out a program of personnel management authority
provided under subparagraph (B) in order to facilitate
recruitment of eminent experts in science or
engineering for research and development projects and
to enhance the administration and management of the
Foundation.
(B) Personnel management authority.--Under the
program under subparagraph (A), the Foundation may--
(i) without regard to any provision of
title 5, United States Code, governing the
appointment of employees in the competitive
service, appoint individuals to a total of not
more than 70 positions in the Foundation, of
which not more than 5 such positions may be
positions of administration or management of
the Foundation;
(ii) prescribe the rates of basic pay for
positions to which employees are appointed
under clause (i)--
(I) in the case of employees
appointed pursuant to clause (i) to any
of 5 positions designated by the
Foundation for purposes of this clause,
at rates not in excess of a rate equal
to 150 percent of the maximum rate of
basic pay authorized for positions at
level I of the Executive Schedule under
section 5312 of title 5, United States
Code; and
(II) in the case of any other
employee appointed pursuant to clause
(i), at rates not in excess of the
maximum rate of basic pay authorized
for senior-level positions under
section 5376 of title 5, United States
Code; and
(iii) pay any employee appointed under
subparagraph (A), other than an employee
appointed to a position designated as described
in clause (ii)(I), payments in addition to
basic pay within the limit applicable to the
employee under subparagraph (D).
(C) Limitation on term of appointment.--
(i) In general.--Except as provided in
clause (ii), the service of an employee under
an appointment under subparagraph (B)(i) may
not exceed 4 years.
(ii) Extension.--The Director may, in the
case of a particular employee under the program
under subparagraph (A), extend the period to
which service is limited under clause (i) by up
to 2 years if the Director determines that such
action is necessary to promote the efficiency
of the Foundation.
(D) Maximum amount of additional payments
payable.--Notwithstanding any other provision of this
subsection or section 5307 of title 5, United States
Code, no additional payments may be paid to an employee
under subparagraph (B)(iii) in any calendar year if, or
to the extent that, the employee's total annual
compensation in such calendar year will exceed the
maximum amount of total annual compensation payable at
the salary set in accordance with section 104 of title
3, United States Code.
(4) Highly qualified experts in needed occupations.--
(A) In general.--The Foundation may carry out a
program using the authority provided in subparagraph
(B) in order to attract highly qualified experts in
needed occupations, as determined by the Foundation.
Individuals hired by the Director through such
authority may include individuals with expertise in
business creativity, innovation management, design
thinking, entrepreneurship, venture capital, and
related fields.
(B) Authority.--Under the program, the Foundation
may--
(i) appoint personnel from outside the
civil service and uniformed services (as such
terms are defined in section 2101 of title 5,
United States Code) to positions in the
Foundation without regard to any provision of
title 5, United States Code, governing the
appointment of employees in the competitive
service;
(ii) prescribe the rates of basic pay for
positions to which employees are appointed
under clause (i) at rates not in excess of the
maximum rate of basic pay authorized for
senior-level positions under section 5376 of
title 5, United States Code; and
(iii) pay any employee appointed under
clause (i) payments in addition to basic pay
within the limits applicable to the employee
under subparagraph (D).
(C) Limitation on term of appointment.--
(i) In general.--Except as provided in
clause (ii), the service of an employee under
an appointment made pursuant to this subsection
may not exceed 5 years.
(ii) Extension.--The Foundation may, in the
case of a particular employee, extend the
period to which service is limited under clause
(i) by up to 1 additional year if the
Foundation determines that such action is
necessary to promote the Foundation's national
security missions.
(D) Limitations on additional payments.--
(i) Total amount.--The total amount of the
additional payments paid to an employee under
this subsection for any 12-month period may not
exceed the maximum amount of total compensation
payable at the salary set in accordance with
section 104 of title, United States Code.
(ii) Eligibility for payments.--An employee
appointed under this subsection is not eligible
for any bonus, monetary award, or other
monetary incentive for service, except for
payments authorized under this subsection.
(E) Limitation on number of highly qualified
experts.--The number of highly qualified experts
appointed and retained by the Foundation under sub
(B)(i) shall not exceed 70 at any time.
(F) Savings provisions.--In the event that the
Foundation terminates the program under this paragraph,
in the case of an employee who, on the day before the
termination of the program, is serving in a position
pursuant to an appointment under this paragraph--
(i) the termination of the program does not
terminate the employee's employment in that
position before the expiration of the lesser
of--
(I) the period for which the
employee was appointed; or
(II) the period to which the
employee's service is limited under
subparagraph (C), including any
extension made under this paragraph
before the termination of the program;
and
(ii) the rate of basic pay prescribed for
the position under this paragraph may not be
reduced as long as the employee continues to
serve at an acceptable level of performance in
the position without a break in service.
(5) Additional hiring authority.--To the extent needed to
carry out the duties under paragraph (1)(A), the Director is
authorized to utilize hiring authorities under section 3372 of
title 5, United States Code, to staff the Foundation with
employees from other Federal agencies, State and local
governments, Indian Tribes and Tribal organizations,
institutions of higher education, and other organizations, as
described in that section, in the same manner and subject to
the same conditions, that apply to such individuals utilized to
accomplish other missions of the Foundation.
(6) National academy of public administration.--
(A) Study.--Not later than 30 days after the date
of enactment of this Act, the Director shall contract
with the National Academy of Public Administration to
conduct a study on the organizational and management
structure of the Foundation, to--
(i) evaluate and make recommendations to
efficiently and effectively implement the
Directorate for Technology, Innovation, and
Partnerships; and
(ii) evaluate and make recommendations to
ensure coordination of the Directorate for
Technology, Innovation, and Partnerships with
other directorates and offices of the
Foundation and other Federal agencies.
(B) Review.--Upon completion of the study under
subparagraph (A), the Foundation shall review the
recommendations from the National Academy of Public
Administration and provide a briefing to Congress on
the plans of the Foundation to implement any such
recommendations.
(7) Providing authority to disseminate information.--
Section 11 of the National Science Foundation Act of 1950 (42
U.S.C. 1870) is amended--
(A) in subsection (j), by striking ``and'' after
the semicolon;
(B) in subsection (k), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(l) to provide for the widest practicable and appropriate
dissemination of information within the United States concerning the
Foundation's activities and the results of those activities.''.
SEC. 10397. COORDINATION OF ACTIVITIES.
(a) In General.--In carrying out the activities of the Directorate,
the Director shall coordinate and collaborate as appropriate with the
Secretary of Energy, the Director of the National Institute of
Standards and Technology, and the heads of other Federal research
agencies, as appropriate, to further the goals of this subtitle.
(b) Avoid Duplication.--The Director shall ensure, to the greatest
extent practicable, that activities carried out by the Directorate are
not duplicative of activities supported by other parts of the
Foundation or other relevant Federal agencies. In carrying out the
activities prescribed by this division, the Director shall coordinate
with the interagency working group established under subtitle F of
title VI and heads of other Federal research agencies to ensure these
activities enhance and complement, but do not constitute unnecessary
duplication of effort and to ensure the responsible stewardship of
funds.
(c) Emerging Technologies.--After completion of the studies
regarding emerging technologies conducted by the Secretary of Commerce
under title XV of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260), the Director shall consider the results of
such studies in carrying out the activities of the Directorate.
SEC. 10398. ETHICAL, LEGAL, AND SOCIETAL CONSIDERATIONS.
The Director shall engage, as appropriate, experts in the social
dimensions of science and technology and set up formal avenues for
public input, as appropriate, to ensure that ethical, legal, and
societal considerations are taken into account in the priorities and
activities of the Directorate, including in the selection of the
challenges and key technology focus areas under section 10387 and the
award-making process, and throughout all stages of supported projects.
SEC. 10399. REPORTS AND ROADMAPS.
(a) Annual Report.--The Director shall provide to the relevant
authorizing and appropriations committees of Congress an annual report
describing projects supported by the Directorate during the previous
year.
(b) Roadmap.--Not later than 1 year after the date of enactment of
this Act, the Director shall provide to the relevant authorizing and
appropriations committees of Congress a roadmap describing the
strategic vision that the Directorate will use to guide investment
decisions over the following 3 years.
(c) Reports.--Not later than 1 year after the date of enactment of
this Act and every 3 years thereafter, the Director, in consultation
with the heads of relevant Federal agencies, shall prepare and submit
to Congress--
(1) a strategic vision for the next 5 years for the
Directorate, including a description of how the Foundation will
increase funding for research and education for populations
underrepresented in STEM and geographic areas; and
(2) a description of the planned activities of the
Directorate to secure federally funded science and technology
pursuant to section 1746 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601
note) and section 223 of William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) and the requirements under subtitle D of this title and
subtitle E of title VI .
(d) Selection Criteria Report.--Not later than 24 months after the
establishment of the Directorate, the Director shall prepare and submit
a report to Congress regarding the use of alternative methods for the
selection of award recipients and the distribution of funding to
recipients, as compared to the traditional peer review process.
SEC. 10399A. EVALUATION.
(a) In General.--After the Directorate has been in operation for 6
years, the Director shall enter into an agreement with the National
Academies to provide an evaluation of how well the Directorate is
achieving the purposes identified in section 10382.
(b) Inclusions.--The evaluation shall include--
(1) an assessment of the impact of Directorate activities
on the Foundation's primary science mission;
(2) an assessment of the Directorate's impact on the
challenges and key technology focus areas under section 10387;
(3) an assessment of efforts to ensure coordination between
the Directorate and other Federal agencies, and with external
entities;
(4) a description of lessons learned from operation of the
Directorate; and
(5) recommended funding levels for the Directorate;
(c) Availability.--On completion of the evaluation, the evaluation
shall be made available to Congress and the public.
Subtitle H--Administrative Amendments
SEC. 10399D. SUPPORTING VETERANS IN STEM CAREERS.
Section 3(c) of the Supporting Veterans in STEM Careers Act (42
U.S.C. 1862t) is amended by striking ``annual'' and inserting
``biennial''.
SEC. 10399E. SUNSHINE ACT COMPLIANCE.
Section 15(a) of the National Science Foundation Authorization Act
of 2002 (42 U.S.C. 1862n-5(a)) is amended--
(1) so that paragraph (3) reads as follows:
``(3) Compliance review.--The Inspector General of the
Foundation shall conduct a review of the compliance by the
Board with the requirements described in paragraph (2) as
necessary based on a triennial risk assessment. Any review
deemed necessary shall examine the proposed and actual content
of closed meetings and determine whether the closure of the
meetings was consistent with section 552b of title 5, United
States Code.''; and
(2) by striking paragraphs (4) and (5) and inserting the
following:
``(4) Materials relating to closed portions of meeting.--To
facilitate the risk assessment required under paragraph (3) of
this subsection, and any subsequent review conducted by the
Inspector General, the Office of the National Science Board
shall maintain the General Counsel's certificate, the presiding
officer's statement, and a transcript or recording of any
closed meeting, for at least 3 years after such meeting.''.
SEC. 10399F. SCIENCE AND ENGINEERING INDICATORS REPORT SUBMISSION.
Section 4(j)(1) of the National Science Foundation Act of 1950 (42
U.S.C. 1863(j)(1)) is amended by striking ``January 15'' and inserting
``March 15''.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
SEC. 10401. DEFINITIONS.
In this title:
(1) Initiative.--The term ``Initiative'' means the National
Engineering Biology Research and Development Initiative
established under section 10402.
(2) Omics.--The term ``omics'' refers to the collective
technologies used to explore the roles, relationships, and
actions of the various types of molecules that make up the
cells and systems of an organism and the systems level analysis
of their functions.
SEC. 10402. NATIONAL ENGINEERING BIOLOGY RESEARCH AND DEVELOPMENT
INITIATIVE.
(a) In General.--The President, acting through the Office of
Science and Technology Policy, shall implement a National Engineering
Biology Research and Development Initiative to advance societal well-
being, national security, sustainability, and economic productivity and
competitiveness through the following:
(1) Advancing areas of research at the intersection of the
biological, physical, chemical, data, and computational and
information sciences and engineering to accelerate scientific
understanding and technological innovation in engineering
biology.
(2) Advancing areas of biomanufacturing research to
optimize, standardize, scale, and deliver new products and
solutions.
(3) Supporting social and behavioral sciences and economics
research that advances the field of engineering biology and
contributes to the development and public understanding of new
products, processes, and technologies.
(4) Improving the understanding of engineering biology of
the scientific and lay public and supporting greater evidence-
based public discourse about its benefits and risks.
(5) Supporting research relating to the risks and benefits
of engineering biology, including under subsection (d).
(6) Supporting the development of novel tools and
technologies to accelerate scientific understanding and
technological innovation in engineering biology.
(7) Expanding the number of researchers, educators, and
students and a retooled workforce with engineering biology
training, including from traditionally underrepresented and
underserved populations.
(8) Accelerating the translation and commercialization of
engineering biology and biomanufacturing research and
development by the private sector.
(9) Improving the interagency planning and coordination of
Federal Government activities related to engineering biology.
(b) Initiative Activities.--The activities of the Initiative shall
include the following:
(1) Sustained support for engineering biology research and
development through the following:
(A) Grants to fund the work of individual
investigators and teams of investigators, including
interdisciplinary teams.
(B) Projects funded under joint solicitations by a
collaboration of not fewer than two agencies
participating in the Initiative.
(C) Interdisciplinary research centers that are
organized to investigate basic research questions,
carry out technology development and demonstration
activities, and increase understanding of how to scale
up engineering biology processes, including
biomanufacturing.
(2) Sustained support for databases and related tools,
including the following:
(A) Support for the establishment, curation, and
maintenance of curated genomics, epigenomics, and other
relevant omics databases, including plant, animal, and
microbial databases, that are available to researchers
to carry out engineering biology research in a manner
that does not compromise national security or the
privacy or security of information within such
databases.
(B) Development of standards for such databases,
including for curation, interoperability, and
protection of privacy and security.
(C) Support for the development of computational
tools, including artificial intelligence tools, that
can accelerate research and innovation using such
databases.
(D) An inventory and assessment of all Federal
government omics databases to identify opportunities to
improve the utility of such databases, as appropriate
and in a manner that does not compromise national
security or the privacy and security of information
within such databases, and inform investment in such
databases as critical infrastructure for the
engineering biology research enterprise.
(3) Sustained support for the development, optimization,
and validation of novel tools and technologies to enable the
dynamic study of molecular processes in situ, including through
the following:
(A) Research conducted at Federal laboratories.
(B) Grants to fund the work of investigators at
institutions of higher education and other nonprofit
research institutions.
(C) Incentivized development of retooled industrial
sites across the country that foster a pivot to
modernized engineering biology initiatives.
(D) Awards under the Small Business Innovation
Research Program and the Small Business Technology
Transfer Program (as described in section 9 of the
Small Business Act (15 U.S.C. 638)).
(4) Support for education and training of undergraduate and
graduate students in engineering biology, biomanufacturing,
bioprocess engineering, and computational science applied to
engineering biology and in the related ethical, legal,
environmental, safety, security, and other societal domains.
(5) Support for a national network of testbeds based on
open standards, interfaces, and processes, including by
repurposing existing facilities such as those specified in
paragraph (3)(C), that would enable scale up of laboratory
engineering biology research.
(6) Activities to develop robust mechanisms for documenting
and quantifying the outputs and economic benefits of
engineering biology.
(7) Activities to accelerate the translation and
commercialization of new products, processes, and technologies
by carrying out the following:
(A) Identifying precompetitive research
opportunities.
(B) Facilitating public-private partnerships in
engineering biology research and development, including
to address barriers to scaling up innovations in
engineering biology.
(C) Connecting researchers, graduate students, and
postdoctoral fellows with entrepreneurship education
and training opportunities.
(D) Supporting proof of concept activities and the
formation of startup companies including through
programs such as the Small Business Innovation Research
Program and the Small Business Technology Transfer
Program.
(c) Expanding Participation.--The Initiative shall include, to the
maximum extent practicable, outreach to primarily undergraduate and
historically Black colleges and universities, Tribal Colleges or
Universities, and minority-serving institutions about Initiative
opportunities, and shall encourage the development of research
collaborations between research-intensive universities and primarily
undergraduate and historically Black colleges and universities, Tribal
Colleges or Universities, and minority-serving institutions.
(d) Ethical, Legal, Environmental, Safety, Security, and Societal
Issues.--Initiative activities shall take into account ethical, legal,
environmental, safety, security, and other appropriate societal issues
by carrying out the following:
(1) Supporting research, including in the social sciences,
and other activities addressing ethical, legal, environmental,
and other appropriate societal issues related to engineering
biology, including integrating research on such topics with the
research and development in engineering biology, and
encouraging the dissemination of the results of such research,
including through interdisciplinary engineering biology
research centers described in subsection (b)(1)(C).
(2) Supporting research and other activities related to the
safety and security implications of engineering biology,
including outreach to increase awareness among Federal
researchers and federally-funded researchers at institutions of
higher education about potential safety and security
implications of engineering biology research, as appropriate.
(3) Ensuring that input from Federal and non-Federal
experts on the ethical, legal, environmental, safety, security,
and other appropriate societal issues related to engineering
biology is integrated into the Initiative.
(4) Ensuring, through the agencies and departments that
participate in the Initiative, that public input and outreach
are integrated into the Initiative by the convening of regular
and ongoing public discussions through mechanisms such as
workshops, consensus conferences, and educational events, as
appropriate.
(5) Complying with all applicable provisions of Federal
law.
SEC. 10403. INITIATIVE COORDINATION.
(a) Interagency Committee.--The President, acting through the
Office of Science and Technology Policy, shall designate an interagency
committee to coordinate activities of the Initiative as appropriate,
which shall be co-chaired by the Office of Science and Technology
Policy. The Director of the Office of Science and Technology Policy
shall select an additional co-chairperson from among the members of the
interagency committee. The interagency committee shall oversee the
planning, management, and coordination of the Initiative. The
interagency committee shall carry out the following:
(1) Provide for interagency coordination of Federal
engineering biology research, development, and other activities
undertaken pursuant to the Initiative.
(2) Establish and periodically update goals and priorities
for the Initiative.
(3) Develop, not later than 12 months after the date of the
enactment of this Act, and update every five years thereafter,
a strategic plan submitted to the Committee on Science, Space,
and Technology, the Committee on Agriculture, and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation, the
Committee on Agriculture, Nutrition, and Forestry, the
Committee on Small Business and Entrepreneurship, and the
Committee on Health, Education, Labor, and Pensions of the
Senate that--
(A) guides the activities of the Initiative for
purposes of meeting the goals and priorities
established under (and updated pursuant to) paragraph
(2); and
(B) describes--
(i) the Initiative's support for long-term
funding for interdisciplinary engineering
biology research and development;
(ii) the Initiative's support for education
and public outreach activities;
(iii) the Initiative's support for research
and other activities on ethical, legal,
environmental, safety, security, and other
appropriate societal issues related to
engineering biology, including--
(I) an applied biorisk management
research plan;
(II) recommendations for
integrating security into biological
data access and international
reciprocity agreements;
(III) recommendations for
manufacturing restructuring to support
engineering biology research,
development, and scaling-up
initiatives; and
(IV) an evaluation of existing
biosecurity governance policies,
guidance, and directives for the
purposes of creating an adaptable,
evidence-based framework to respond to
emerging biosecurity challenges created
by advances in engineering biology;
(iv) how the Initiative will contribute to
moving results out of the laboratory and into
application for the benefit of society and
United States competitiveness; and
(v) how the Initiative will measure and
track the contributions of engineering biology
to United States economic growth and other
societal indicators.
(4) Develop a national genomic sequencing strategy to
ensure engineering biology research fully leverages plant,
animal, and microbe biodiversity, as appropriate and in a
manner that does not compromise economic competitiveness,
national security, or the privacy or security of human genetic
information, to enhance long-term innovation and
competitiveness in engineering biology in the United States.
(5) Develop a plan to utilize Federal programs, such as the
Small Business Innovation Research Program and the Small
Business Technology Transfer Program (as described in section 9
of the Small Business Act (15 U.S.C. 638)), in support of the
activities described in section 10402(b)(3).
(6) In carrying out this section, take into consideration
the recommendations of the advisory committee established under
section 10404, the results of the workshop convened under
section 10402, existing reports on related topics, and the
views of academic, State, industry, and other appropriate
groups.
(b) Quinquennial Report.--Beginning with fiscal year 2023 and every
five years thereafter for ten years, the interagency committee shall
prepare and submit to the Committee on Science, Space, and Technology,
the Committee on Energy and Commerce, and the Committee on Agriculture
of the House of Representatives and the Committee on Commerce, Science,
and Transportation, the Committee on Health, Education, Labor, and
Pensions, the Committee on Small Business and Entrepreneurship, and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that includes the following:
(1) A summarized agency budget in support of the Initiative
for the current fiscal year, including a breakout of spending
for each agency participating in the Program, and for the
development and acquisition of any research facilities and
instrumentation.
(2) An assessment of how Federal agencies are implementing
the plan described in subsection (a)(3), including the
following:
(A) A description of the amount and number of
awards made under the Small Business Innovation
Research Program and the Small Business Technology
Transfer Program (as described in section 9 of the
Small Business Act (15 U.S.C. 638)) in support of the
Initiative.
(B) A description of the amount and number of
projects funded under joint solicitations by a
collaboration of not fewer than two agencies
participating in the Initiative.
(C) A description of effects of newly-funded
projects by the Initiative.
(c) Initiative Coordination Office.--
(1) In general.--The President shall establish an
Initiative Coordination Office, with a Director and full-time
staff, which shall--
(A) provide technical and administrative support to
the interagency committee and the advisory committee
established under subsection (a) and section 10404;
(B) serve as the point of contact on Federal
engineering biology activities for government
organizations, academia, industry, professional
societies, State governments, interested citizen
groups, and others to exchange technical and
programmatic information;
(C) oversee interagency coordination of the
Initiative, including by encouraging and supporting
joint agency solicitation and selection of applications
for funding of activities under the Initiative, as
appropriate;
(D) conduct public outreach, including
dissemination of findings and recommendations of the
advisory committee, as appropriate;
(E) serve as the coordinator of ethical, legal,
environmental, safety, security, and other appropriate
societal input; and
(F) promote access to, and early application of,
the technologies, innovations, and expertise derived
from Initiative activities to agency missions and
systems across the Federal Government, and to United
States industry, including startup companies.
(2) Funding.--The Director of the Office of Science and
Technology Policy, in coordination with each participating
Federal department and agency, as appropriate, shall develop
and annually update an estimate of the funds necessary to carry
out the activities of the Initiative Coordination Office and
submit such estimate with an agreed summary of contributions
from each agency to Congress as part of the President's annual
budget request to Congress.
(3) Termination.--The Initiative Coordination Office
established under this subsection shall terminate on the date
that is 10 years after the date of the enactment of this Act.
(d) Rule of Construction.--Nothing in this section may be construed
to alter the policies, processes, or practices of individual Federal
agencies in effect on the day before the date of the enactment of this
Act relating to the conduct of biomedical research and advanced
development, including the solicitation and review of extramural
research proposals.
SEC. 10404. ADVISORY COMMITTEE ON ENGINEERING BIOLOGY RESEARCH AND
DEVELOPMENT.
(a) In General.--The agency co-chair of the interagency committee
established under section 10403 shall, in consultation with the Office
of Science and Technology Policy, designate or establish an advisory
committee on engineering biology research and development (in this
section referred to as the ``advisory committee'') to be composed of
not fewer than 12 members, including representatives of research and
academic institutions, industry, and nongovernmental entities, who are
qualified to provide advice on the Initiative.
(b) Assessment.--The advisory committee shall assess the following:
(1) The current state of United States competitiveness in
engineering biology, including the scope and scale of United
States investments in engineering biology research and
development in the international context.
(2) Current market barriers to commercialization of
engineering biology products, processes, and tools in the
United States.
(3) Progress made in implementing the Initiative.
(4) The need to revise the Initiative.
(5) The balance of activities and funding across the
Initiative.
(6) Whether the strategic plan developed or updated by the
interagency committee established under section 10403 is
helping to maintain United States leadership in engineering
biology.
(7) Whether ethical, legal, environmental, safety,
security, and other appropriate societal issues are adequately
addressed by the Initiative.
(c) Reports.--Beginning not later than two years after the date of
the enactment of this Act and not less frequently than once every five
years thereafter, the advisory committee shall submit to the President,
the Committee on Science, Space, and Technology, the Committee on
Energy and Commerce, and the Committee on Agriculture of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report on the following:
(1) The findings of the advisory committee's assessment
under subsection (b).
(2) The advisory committee's recommendations for ways to
improve the Initiative.
(d) Application of Federal Advisory Committee Act.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the advisory committee.
(e) Termination.--The advisory committee established under
subsection (a) shall terminate on the date that is 10 years after the
date of the enactment of this Act.
SEC. 10405. EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVIRONMENTAL, SAFETY,
SECURITY, AND SOCIETAL ISSUES.
(a) In General.--Not later than six months after the date of
enactment of this Act, the Director of the National Science Foundation
shall seek to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct a review, and make
recommendations with respect to, the ethical, legal, environmental,
safety, security, and other appropriate societal issues related to
engineering biology research and development. The review shall include
the following:
(1) An assessment of the current research on such issues.
(2) A description of the research needs relating to such
issues.
(3) Recommendations on how the Initiative can address the
research needs identified pursuant to paragraph (2).
(4) Recommendations on how researchers engaged in
engineering biology can best incorporate considerations of such
issues into the development of research proposals and the
conduct of research.
(b) Report to Congress.--The agreement entered into under
subsection (a) shall require the National Academies of Sciences,
Engineering, and Medicine to, not later than two years after the date
of the enactment of this Act--
(1) submit to the Committee on Science, Space, and
Technology and the Committee on Agriculture of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report containing the findings and
recommendations of the review conducted under subsection (a);
and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 10406. AGENCY ACTIVITIES.
(a) National Science Foundation.--As part of the Initiative, the
National Science Foundation shall carry out the following:
(1) Support research in engineering biology and
biomanufacturing through individual grants, collaborative
grants, and through interdisciplinary research centers.
(2) Support research on the environmental, legal, ethical,
and social implications of engineering biology.
(3) Provide support for research instrumentation,
equipment, and cyberinfrastructure for engineering biology
disciplines, including support for research, development,
optimization, and validation of novel technologies to enable
the dynamic study of molecular processes in situ.
(4) Support curriculum development and research experiences
for secondary, undergraduate, and graduate students in
engineering biology and biomanufacturing, including through
support for graduate fellowships and traineeships in
engineering biology.
(5) Award grants, on a competitive basis, to enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology research
in an industry setting.
(b) Department of Commerce.--
(1) National institute of standards and technology.--As
part of the Initiative, the Director of the National Institute
of Standards and Technology shall carry out the following:
(A) Advance the development of standard reference
materials and measurements, including to promote
interoperability between new component technologies and
processes for engineering biology and biomanufacturing
discovery, innovation, and production processes.
(B) Establish new data tools, techniques, and
processes necessary to advance engineering biology and
biomanufacturing.
(C) Provide access to user facilities with advanced
or unique equipment, services, materials, and other
resources to industry, institutions of higher
education, nonprofit organizations, and government
agencies to perform research and testing.
(D) Provide technical expertise to inform the
potential development of guidelines or safeguards for
new products, processes, and systems of engineering
biology.
(2) National oceanic and atmospheric administration.--As
part of the initiative, the Administrator of the National
Oceanic and Atmospheric Administration shall carry out the
following:
(A) Conduct and support research in omics and
associated bioinformatic sciences and develop tools and
products to improve ecosystem stewardship, monitoring,
management, assessments. and forecasts, consistent with
the mission of the agency.
(B) Collaborate with other agencies to understand
potential environmental threats and safeguards related
to engineering biology.
(c) Department of Energy.--As part of the Initiative, the Secretary
of Energy shall carry out the following:
(1) Conduct and support research, development,
demonstration, and commercial application activities in
engineering biology, including in the areas of synthetic
biology, advanced biofuel and bioproduct development, biobased
materials, and environmental remediation.
(2) Support the development, optimization and validation of
novel, scalable tools and technologies to enable the dynamic
study of molecular processes in situ.
(3) Provide access to user facilities with advanced or
unique equipment, services, materials, and other resources,
including secure access to high-performance computing, as
appropriate, to industry, institutions of higher education,
nonprofit organizations, and government agencies to perform
research and testing;.
(4) Strengthen collaboration between the Office of Science
and the Energy Efficiency and Renewable Energy Office to help
transfer fundamental research results to industry and
accelerate commercial applications.
(d) Department of Defense.--As part of the Initiative, the
Secretary of Defense shall carry out the following:
(1) Conduct and support research and development in
engineering biology and associated data and information
sciences.
(2) Support curriculum development and research experiences
in engineering biology and associated data and information
sciences across the military education system, including the
service academies, professional military education, and
military graduate education.
(3) Assess risks of potential national security and
economic security threats relating to engineering biology.
(e) National Aeronautics and Space Administration.--As part of the
Initiative, the National Aeronautics and Space Administration shall
carry out the following:
(1) Conduct and support research in engineering biology,
including in synthetic biology, and related to Earth and space
sciences, aeronautics, space technology, and space exploration
and experimentation, consistent with the priorities established
in the National Academies' decadal surveys.
(2) Award grants, on a competitive basis, that enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology research
in an industry setting.
(f) Department of Agriculture.--As part of the Initiative, the
Secretary of Agriculture shall support research and development in
engineering biology through the Agricultural Research Service, the
National Institute of Food and Agriculture programs and grants, and the
Office of the Chief Scientist.
(g) Environmental Protection Agency.--As part of the Initiative,
the Environmental Protection Agency shall support research on how
products, processes, and systems of engineering biology will affect or
can protect the environment.
(h) Department of Health and Human Services.--As part of the
Initiative, the Secretary of Health and Human Services, as appropriate
and consistent with activities of the Department of Health and Human
Services in effect on the day before the date of the enactment of this
Act, shall carry out the following:
(1) Support research and development to advance the
understanding and application of engineering biology for human
health.
(2) Support relevant interdisciplinary research and
coordination.
(3) Support activities necessary to facilitate oversight of
relevant emerging biotechnologies.
SEC. 10407. RULE OF CONSTRUCTION.
Nothing in this title may be construed to require public disclosure
of information that is exempt from mandatory disclosure under section
552 of title 5, United States Code.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
SEC. 10501. FEDERAL RESEARCH AGENCY POLICIES FOR CAREGIVERS.
(a) OSTP Guidance.--Not later than 12 months after the date of the
enactment of this Act, the Director, in consultation with the heads of
relevant agencies, shall provide guidance to each Federal research
agency to establish policies that--
(1) apply to all--
(A) research awards granted by such agency; and
(B) principal investigators of such research and
their trainees, including postdoctoral researchers and
graduate students, who have caregiving
responsibilities, including care for a newborn or newly
adopted child and care for an immediate family member
who has a disability or a serious health condition; and
(2) provide, to the extent feasible--
(A) flexibility in timing for the initiation of
approved research awards granted by such agency;
(B) no-cost extensions of such research awards;
(C) award supplements, as appropriate, to research
awards to sustain research activities conducted under
such awards; and
(D) any other appropriate accommodations at the
discretion of the director of each such agency.
(b) Uniformity of Guidance.--In providing guidance under subsection
(a), the Director shall encourage uniformity, to the extent
practicable, and consistency in the policies established pursuant to
such guidance across all Federal research agencies.
(c) Establishment of Policies.--Consistent, to the extent
practicable, with the guidance under subsection (a), Federal research
agencies shall--
(1) maintain or develop and implement policies for
individuals described in paragraph (1)(B) of such subsection;
and
(2) broadly disseminate in easily accessible formats such
policies to current and potential award recipients.
(d) Data on Usage.--Federal research agencies shall consider--
(1) collecting data, including demographic data that can be
disaggregated by sex, geographic location, and socioeconomic
indicators, which may include employment status, occupation,
educational attainment, parental education, and income, on the
usage of the policies under subsection (c), at both
institutions of higher education and Federal laboratories; and
(2) reporting such data on an annual basis to the Director
in such form as required by the Director.
SEC. 10502. COLLECTION AND REPORTING OF DATA ON FEDERAL RESEARCH
AWARDS.
(a) Collection of Data.--
(1) In general.--Each Federal research agency shall
collect, as practicable, with respect to all applications for
merit-reviewed research and development awards made by such
agency, standardized record-level annual information on
demographics, primary field, award type, institution type,
review rating, budget request, funding outcome, and awarded
budget.
(2) Uniformity and standardization.--The Director, in
consultation with the heads of each Federal research agency,
shall establish, and update as necessary, a policy to ensure
uniformity and standardization of the data collection required
under paragraph (1).
(3) Record-level data.--
(A) Requirement.--Beginning not later than two
years after the issuance of the policy under paragraph
(2) to Federal research agencies, and on an annual
basis thereafter, each Federal research agency shall
submit to the National Center for Science and
Engineering Statistics record-level data collected
under paragraph (1) in the form required by the
Director of the National Science Foundation.
(B) Previous data.--As part of the first submission
under subparagraph (A), each Federal research agency,
to the extent practicable, shall also submit comparable
record-level data, if it is available to the agency,
for the five years preceding the date of such
submission, or an analysis for why such data cannot be
provided.
(b) Reporting of Data.--The Director of the National Science
Foundation shall publish statistical summary data, as practicable,
collected under this section, disaggregated and cross-tabulated by
race, ethnicity, sex, socioeconomic indicators, which may include
employment status, occupation, educational attainment, parental
education, and income, geographic location, and years since completion
of doctoral degree, including in conjunction with the National Science
Foundation's report required by section 37 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-
516).
SEC. 10503. POLICIES FOR REVIEW OF FEDERAL RESEARCH AWARDS.
(a) Assessment of Policies.--Federal research agencies shall
regularly assess, and update as necessary, policies, and practices to
remove or reduce cultural and institutional barriers limiting the
recruitment, retention, and success of groups historically
underrepresented in STEM research careers, including policies and
practices relevant to the unbiased review of Federal research
applications.
(b) Considerations and Activities.--In carrying out the
requirements under subsection (a), Federal research agencies shall--
(1) review current levels of participation of groups
historically underrepresented in STEM in peer-review panels and
consider approaches for expanding their participation;
(2) analyze the data collected under section 10502,
including funding rates of proposals from all groups, including
those historically underrepresented in STEM;
(3) collect and disseminate best practices to remove or
reduce cultural and institutional barriers limiting the
recruitment, retention, and success of groups historically
underrepresented in STEM research careers; and
(4) implement evidence-based policies and practices to
achieve the goals of this section.
SEC. 10504. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act and at least every five years
thereafter, the Director of the National Science Foundation
shall carry out a survey to collect data from award recipients
on the demographics of STEM faculty, by broad fields of STEM,
at different types of institutions of higher education that
receive Federal research funding.
(2) Survey considerations.--To the extent practicable, the
Director of the National Science Foundation shall survey, by
sex, race, socioeconomic indicators, which may include
employment status, occupation, educational attainment, parental
education, and income, geographic location, ethnicity,
citizenship status, and years since completion of doctoral
degree--
(A) the number and percentage of faculty;
(B) the number and percentage of faculty at each
rank;
(C) the number and percentage of faculty who are in
nontenure-track positions, including teaching and
research;
(D) the number and percentage of faculty who are
reviewed for promotion, including tenure, and the
percentage of that number who are promoted, including
being awarded tenure;
(E) faculty years in rank;
(F) the number and percentage of faculty to leave
tenure-track positions;
(G) the number and percentage of faculty hired, by
rank; and
(H) the number and percentage of faculty in
leadership positions.
(b) Existing Surveys.--The Director of the National Science
Foundation, may, in modifying or expanding existing Federal surveys of
higher education (as necessary)--
(1) take into account the considerations under subsection
(a)(2) by collaborating with statistical centers at other
Federal agencies; or
(2) make an award to an institution of higher education or
nonprofit organization (or consortia thereof) to take such
considerations into account.
(c) Reporting Data.--The Director of the National Science
Foundation shall publish statistical summary data collected under this
section, including as part of the National Science Foundation's report
required by section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d; Public Law 96-516).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation
$4,000,000 in each of fiscal years 2023 through 2025 to develop and
carry out the initial survey required under subsection (a).
SEC. 10505. CULTURAL AND INSTITUTIONAL BARRIERS TO EXPANDING THE
ACADEMIC AND FEDERAL STEM WORKFORCE.
(a) Best Practices.--
(1) Development of guidance.--Not later than 12 months
after the date of enactment of this Act, the Director, in
consultation with the interagency working group on inclusion in
STEM and utilizing existing guidance already developed by
Federal research agencies where applicable, shall broadly
disseminate to entities that receive Federal research funding
best practices for--
(A) conducting periodic climate surveys of STEM
departments and divisions, with a particular focus on
identifying and addressing any cultural or
institutional barriers to the recruitment, retention,
or advancement of groups historically underrepresented
in STEM studies and careers; and
(B) providing educational opportunities, including
workshops, for STEM professionals to learn about
current research on effective practices for unbiased
recruitment, evaluation, and promotion of undergraduate
and graduate students and research personnel.
(2) Establishment of policies.--Consistent with the
guidance developed under paragraph (1)--
(A) The Director of the National Science
Foundation, in consultation with the heads of Federal
research agencies, shall develop a policy that--
(i) applies to, at a minimum, doctoral
degree granting institutions that receive
Federal research funding; and
(ii) requires each such institution, not
later than 3 years after the date of enactment
of this Act, and to the extent practicable, to
report to the Director of the National Science
Foundation on activities and policies developed
and implemented based on the guidance
disseminated under paragraph (1); and
(B) each Federal research agency with a Federal
laboratory shall maintain or develop and implement
practices and policies for the purposes described in
paragraph (1) for such laboratory and, not later than
three years after the date of the enactment of this
Act, each Federal laboratory shall report to the head
of such agency on such practices and policies.
(b) Report to Congress.--Not later than four years after the date
of the enactment of this Act, the Director of the National Science
Foundation shall submit a report to Congress that includes a summary
and analysis of the types and frequency of activities and policies
developed and carried out under subsection (a) based on the reports
submitted under paragraph (2) of such subsection.
SEC. 10506. EXISTING ACTIVITIES.
A Federal research agency may satisfy requirements under this
subtitle through activities and programs in existence as of the date of
the enactment of this Act.
SEC. 10507. REPORT TO CONGRESS.
Not later than four years after the date of the enactment of this
Act, the Director shall submit to Congress a report that includes the
following:
(1) A description and evaluation of the status and usage of
policies implemented pursuant to section 10505 at all Federal
research agencies, including any recommendations for revising
or expanding such policies.
(2) With respect to efforts to remove or reduce cultural
and institutional barriers limiting the recruitment, retention,
and success of groups historically underrepresented in academic
and government STEM research careers under section 10505--
(A) what steps all Federal research agencies have
taken to implement policies and practices to further
such efforts;
(B) a description of any significant updates to the
policies for review of Federal research awards required
under such section; and
(C) any evidence of the impact of such policies on
the review or awarding of Federal research awards; and
(3) A description and evaluation of the status of
institution of higher education and Federal laboratory policies
and practices required under section 10505, including any
recommendations for revising or expanding such policies.
SEC. 10508. MERIT REVIEW.
Nothing in this subtitle may be construed as altering any
intellectual or broader impacts criteria at Federal research agencies
for evaluating award applications.
SEC. 10509. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
SEC. 10510. DEFINITION.
In this subtitle, the term ``Director'' means the Director of the
Office of Science and Technology Policy.
Subtitle B--Rural STEM Education Research
SEC. 10511. DEFINITION.
In this subtitle, the term ``Director'' means the Director of the
National Science Foundation.
SEC. 10512. NATIONAL SCIENCE FOUNDATION RURAL STEM ACTIVITIES.
(a) Preparing Rural STEM Educators.--
(1) In general.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher education
or nonprofit organizations (or a consortium thereof) for
research and development activities to advance innovative
approaches to support and sustain high-quality STEM teaching in
rural schools.
(2) Use of funds.--
(A) In general.--Awards made under this subsection
shall be used for the research and development
activities referred to in paragraph (1), which may
include--
(i) engaging rural educators, principals,
or other school leaders of students in
prekindergarten through grade 12 in
professional learning opportunities to enhance
STEM knowledge, including computer science, and
develop best practices;
(ii) supporting research on effective STEM
teaching and school leadership practices in
rural settings, including the use of rubrics
and mastery- based grading practices to assess
student performance when employing the
transdisciplinary teaching approach for STEM
disciplines;
(iii) designing and developing pre-service
and in-service training resources to assist
such rural educators, principals, and other
school leaders in adopting transdisciplinary
teaching practices across STEM courses;
(iv) coordinating with local partners to
adapt STEM teaching practices to leverage
local, natural, and community assets in order
to support in-place learning in rural areas;
(v) providing hands-on training and
research opportunities for rural educators
described in clause (i) at Federal laboratories
or institutions of higher education, or in
industry;
(vi) developing training and best practices
for educators who teach multiple grade levels
within a STEM discipline;
(vii) designing and implementing
professional development courses and
experiences, including mentoring, for rural
educators, principals, and other school leaders
described in clause (i) that combine face-to-
face and online experiences; and
(viii) any other activity the Director
determines will accomplish the goals of this
paragraph.
(B) Rural stem collaborative.--The Director shall
establish a pilot program of regional cohorts in rural
areas that will provide peer support, mentoring, and
hands-on research experiences for rural STEM educators,
principals, and other school leaders of students in
prekindergarten through grade 12, in order to build an
ecosystem of cooperation among educators, principals,
other school leaders, researchers, academia, and local
industry.
(b) Broadening Participation of Rural Students in STEM.--
(1) In general.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher education
or nonprofit organizations (or a consortium thereof) for--
(A) research and development of programming to
identify the barriers rural students face in accessing
high-quality STEM education; and
(B) development of innovative solutions to improve
the participation and advancement of rural students in
prekindergarten through grade 12 in STEM studies.
(2) Use of funds.--
(A) In general.--Awards made under this subsection
shall be used for the research and development
activities referred to in paragraph (1), which may
include--
(i) developing partnerships with community
colleges to offer advanced STEM course work,
including computer science, to rural high
school students;
(ii) supporting research on effective STEM
practices in rural settings;
(iii) implementing a school-wide STEM
approach, including preparation and support for
principals and other school leaders;
(iv) improving the Foundation's Advanced
Technology Education program's coordination and
engagement with rural communities;
(v) collaborating with existing community
partners and networks, such as the Cooperative
Extension System services and extramural
research programs of the Department of
Agriculture and youth serving organizations
like 4-H, after school STEM programs, and
summer STEM programs, to leverage community
resources and develop place-based programming;
(vi) connecting rural school districts and
institutions of higher education, to improve
precollegiate STEM education and engagement;
(vii) supporting partnerships that offer
hands- on inquiry-based science activities,
including coding, and access to lab resources
for students studying STEM in prekindergarten
through grade 12 in a rural area;
(viii) evaluating the role of broadband
connectivity and its associated impact on the
STEM and technology literacy of rural students;
(ix) building capacity to support
extracurricular STEM programs in rural schools,
including mentor-led engagement programs, STEM
programs held during non-school hours, STEM
networks, makerspaces, coding activities, and
competitions;
(x) creating partnerships with local
industries and local educational agencies to
tailor STEM curricula and educational
experiences to the needs of a particular local
or regional economy; and
(xi) any other activity the Director
determines will accomplish the goals of this
paragraph.
(c) Application.--An applicant seeking an award under subsection
(a) or (b) shall submit an application at such time, in such manner,
and containing such information as the Director may require. The
application may include the following:
(1) A description of the target population to be served by
the research activity or activities for which such award is
sought.
(2) A description of the process for recruitment and
selection of students, educators, principals, and other school
leaders, or schools from rural areas to participate in such
activity or activities.
(3) A description of how such activity or activities may
inform efforts to promote the engagement and achievement of
rural students in prekindergarten through grade 12 in STEM
studies.
(4) In the case of a proposal consisting of a partnership
or partnerships with one or more rural schools and one or more
researchers, a plan for establishing a sustained partnership
that is jointly developed and managed, draws from the
capacities of each partner, and is mutually beneficial.
(d) Partnerships.--In making awards under subsection (a) or (b),
the Director shall--
(1) encourage applicants which, for the purpose of the
activity or activities funded through the award, include or
partner with a nonprofit organization or an institution of
higher education (or a consortium thereof) that has extensive
experience and expertise in increasing the participation of
rural students in prekindergarten through grade 12 in STEM;
(2) encourage applicants which, for the purpose of the
activity or activities funded through the award, include or
partner with a consortium of rural schools or rural school
districts; and
(3) encourage applications which, for the purpose of the
activity or activities funded through the award, include
commitments from school principals, other school leaders, and
administrators to making reforms and activities proposed by the
applicant a priority.
(e) Evaluations.--All proposals for awards under subsections (a)
and (b) shall include an evaluation plan that includes the use of
outcome-oriented measures to assess the impact and efficacy of the
award. Each recipient of an award under this subsection shall include
results from these evaluative activities in annual and final projects.
(f) Accountability and Dissemination.--
(1) Evaluation required.--The Director shall evaluate the
portfolio of awards made under subsections (a) and (b). Such
evaluation shall--
(A) use a common set of benchmarks and tools to
assess the results of research conducted under such
awards and identify best practices; and
(B) to the extent practicable, integrate the
findings of research resulting from the activity or
activities funded through such awards with the findings
of other research on rural students' pursuit of degrees
or careers in STEM.
(2) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under paragraph (1), the
Director shall submit to Congress and make widely available to
the public a report that includes--
(A) the results of the evaluation; and
(B) any recommendations for administrative and
legislative action that could optimize the
effectiveness of the awards made under this subsection.
(g) Report by Committee on Equal Opportunities in Science and
Engineering.--As part of the first report required by section 36(e) of
the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885c(e)) transmitted to Congress after the date of enactment of this
division, the Committee on Equal Opportunities in Science and
Engineering, in consultation with the Chief Diversity Officer of the
National Science Foundation, shall include--
(1) a description of past and present policies and
activities of the Foundation to encourage full participation of
students in rural communities in science, mathematics,
engineering, and computer science fields;
(2) an assessment of trends in participation of rural
students in prekindergarten through grade 12 in Foundation
activities; and
(3) an assessment of the policies and activities of the
Foundation, along with proposals for new strategies or the
broadening of existing successful strategies towards
facilitating the goal of increasing participation of rural
students in prekindergarten through grade 12 in Foundation
activities.
(h) Coordination.--In carrying out this subsection, the Director
shall, for purposes of enhancing program effectiveness and avoiding
duplication of activities, consult, cooperate, and coordinate with the
programs and policies of other relevant Federal agencies.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Director--
(1) $8,000,000 to carry out the activities under subsection
(a) for each of fiscal years 2023 through 2027; and
(2) $12,000,000 to carry out the activities under
subsection (b) for each of fiscal years 2023 through 2027.
SEC. 10513. OPPORTUNITIES FOR ONLINE EDUCATION.
(a) In General.--The Director shall make competitive awards to
institutions of higher education or nonprofit organizations (or a
consortium thereof, which may include a private sector partner) to
conduct research on online STEM education courses for rural
communities.
(b) Research Areas.--The research areas eligible for funding under
this subsection shall include--
(1) evaluating the learning and achievement of rural
students in prekindergarten through grade 12 in STEM subjects;
(2) understanding how computer-based and online
professional development courses and mentor experiences can be
integrated to meet the needs of educators, principals, and
other school leaders of rural students in prekindergarten
through grade 12;
(3) combining computer-based and online STEM education and
training with mentoring and other applied learning
arrangements;
(4) leveraging online programs to supplement STEM studies
for rural students that need physical and academic
accommodation; and
(5) any other activity the Director determines will
accomplish the goals of this subsection.
(c) Evaluations.--All proposals for awards under this section shall
include an evaluation plan that includes the use of outcome-oriented
measures to assess the impact and efficacy of the award. Each recipient
of an award under this subsection shall include results from these
evaluative activities in annual and final projects.
(d) Accountability and Dissemination.--
(1) Evaluation required.--The Director shall evaluate the
portfolio of awards made under this subsection. Such evaluation
shall--
(A) use a common set of benchmarks and tools to
assess the results of research conducted under such
awards and identify best practices; and
(B) to the extent practicable, integrate findings
from activities carried out pursuant to research
conducted under this section, with respect to the
pursuit of careers and degrees in STEM, with those
activities carried out pursuant to other research on
serving rural students and communities.
(2) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under paragraph (1), the
Director shall submit to Congress and make widely available to
the public a report that includes--
(A) the results of the evaluation; and
(B) any recommendations for administrative and
legislative action that could optimize the
effectiveness of the awards made under this section.
(e) Coordination.--In carrying out this section, the Director
shall, for purposes of enhancing program effectiveness and avoiding
duplication of activities, consult, cooperate, and coordinate with the
programs and policies of other relevant Federal agencies.
SEC. 10514. NATIONAL ACADEMIES EVALUATION.
(a) Study.--Not later than 12 months after the date of enactment of
this division, the Director shall enter into an agreement with the
National Academies under which the National Academies agree to conduct
an evaluation and assessment that--
(1) evaluates the quality and quantity of current Federal
programming and research directed at examining STEM education
for students in prekindergarten through grade 12 and workforce
development in rural areas;
(2) in coordination with the Federal Communications
Commission, assesses the impact that the scarcity of broadband
connectivity in rural communities, and the affordability of
broadband connectivity, have on STEM and technical literacy for
students in prekindergarten through grade 12 in rural areas;
(3) assesses the core research and data needed to
understand the challenges rural areas are facing in providing
quality STEM education and workforce development;
(4) makes recommendations for action at the Federal, State,
and local levels for improving STEM education, including online
STEM education, for students in prekindergarten through grade
12 and workforce development in rural areas; and
(5) makes recommendations to inform the implementation of
programs in sections 10512 and 10513 (___-LOG262) and (___-
LOG263).
(b) Report to Director.--The agreement entered into under
subsection (a) shall require the National Academies, not later than 24
months after the date of enactment of this division, to submit to the
Director a report on the study conducted under such paragraph,
including the National Academies' findings and recommendations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this section $1,000,000 for
fiscal year 2023.
SEC. 10515. GAO REVIEW.
Not later than 3 years after the date of enactment of this
division, the Comptroller General of the United States shall conduct a
study on the engagement of rural populations in Federal STEM education
programs and submit to Congress a report that includes--
(1) an assessment of how Federal STEM education programs
are serving rural populations;
(2) a description of initiatives carried out by Federal
agencies that are targeted at supporting STEM education in
rural areas;
(3) an assessment of what is known about the impact and
effectiveness of Federal investments in STEM education programs
that are targeted to rural areas; and
(4) an assessment of challenges that State and Federal STEM
education programs face in reaching rural population centers.
SEC. 10516. NIST ENGAGEMENT WITH RURAL COMMUNITIES.
(a) Prize Competition.--Pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the
Secretary of Commerce shall carry out a program to award prizes
competitively to stimulate research and development of creative
technologies to support the deployment of affordable and reliable
broadband connectivity in rural communities, including unserved rural
communities.
(b) Plan for Deployment in Rural Communities.--Each proposal
submitted pursuant to subsection (a) shall include a proposed plan for
deployment of the technology that is the subject of such proposal.
(c) Prize Amount.--In carrying out the program under subsection
(a), the Secretary may award not more than a total of $5,000,000 to one
or more winners of the prize competition.
(d) Report.--Not later than 60 days after the date on which a prize
is awarded under the prize competition, the Secretary shall submit to
the relevant committees of Congress a report that describes the winning
proposal of the prize competition.
(e) Consultation.--In carrying out the program under this section,
the Secretary shall consult with the Federal Communications Commission
and the heads of relevant departments and agencies of the Federal
Government.
Subtitle C--MSI STEM Achievement
SEC. 10521. GAO REVIEW.
Not later than three years after the date of the enactment of this
Act, the Comptroller General of the United States shall report to
Congress--
(1) an inventory of competitive funding programs and
initiatives carried out by Federal research agencies that are
targeted to HBCUs, TCUs, and MSIs or partnerships with HBCUs,
TCUs, and MSIs;
(2) an assessment of Federal research agency outreach
activities to increase the participation and competitiveness of
HBCUs, TCUs, and MSIs in the funding programs and initiatives
identified in paragraph (1); and
(3) recommendations of the Comptroller General to increase
the participation of and the rate of success of HBCUs, TCUs,
and MSIs in competitive funding programs offered by Federal
research agencies.
SEC. 10522. AGENCY RESPONSIBILITIES.
(a) In General.--In consultation with outside stakeholders and the
heads of Federal research agencies and the Interagency Working Group on
Inclusion in STEM, the Director of the Office of Science and Technology
Policy shall develop a uniform set of policy guidelines for Federal
research agencies to carry out a sustained program of outreach
activities to increase clarity, transparency, and accountability for
Federal research agency investments in STEM education and research
activities at HBCUs, TCUs, and MSIs, including such institutions in
rural areas.
(b) Outreach Activities.--In developing policy guidelines under
subsection (a) the Director of the Office of Science and Technology
Policy shall include guidelines that require each Federal research
agency--
(1) to designate a liaison for HBCUs, TCUs, and MSIs
responsible for--
(A) enhancing direct communication with HBCUs,
TCUs, and MSIs to increase the Federal research
agency's understanding of the capacity and needs of
such institutions and to raise awareness of available
Federal funding opportunities at such institutions;
(B) coordinating programs, activities, and
initiatives while accounting for the capacity and needs
of HBCUs, TCUs, and MSIs;
(C) tracking Federal research agency investments in
and engagement with HBCUs, TCUs, and MSIs; and
(D) reporting progress toward increasing
participation of HBCUs, TCUs, and MSIs in award
programs;
(2) to the extent practicable, to produce an annual summary
of funding opportunities and proposal deadlines targeted at
HBCUs, TCUs, and MSIs, including for grants, contracts,
subcontracts, and cooperative agreements;
(3) to the extent practicable, identifying in annual budget
requests potential areas for collaboration with HBCUs, TCUs,
and MSIs in the relevant fiscal year, including relating to
potential meetings and workshops;
(4) to investigate proposal structures that support broader
participation by emerging research institutions, including
HBCUs, TCUs, and MSIs;
(5) to conduct on-site reviews of research facilities at
HBCUs, TCUs, and MSIs, as practicable, and make recommendations
regarding strategies for becoming more competitive in research;
(6) to hold geographically accessible or virtual workshops
on research priorities of the Federal research agency and on
how to write competitive award proposals and how to bolster
award management capacity for the entire award lifecycle, from
application to completion;
(7) to ensure opportunities for HBCUs, TCUs, and MSIs to
directly communicate with Federal research agency officials
responsible for managing competitive award programs in order to
receive feedback on research ideas and proposals, including
guidance on the Federal research agency's merit review process;
and
(8) to foster mutually beneficial public-private
collaboration among Federal research agencies, industry,
Federal laboratories, academia, and nonprofit organizations
to--
(A) identify alternative sources of funding for
STEM education and research at HBCUs, TCUs, and MSIs;
(B) provide access to high-quality, relevant
research experiences for students and faculty of HBCUs,
TCUs, and MSIs;
(C) expand the professional networks of students
and faculty of HBCUs, TCUs, and MSIs;
(D) broaden STEM educational opportunities for
students and faculty of HBCUs, TCUs, and MSIs; and
(E) support the transition of students of HBCUs,
TCUs, and MSIs into the STEM workforce;
(c) Strategic Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy, in collaboration with the head
of each Federal research agency, shall submit to Congress a
report containing a strategic plan which reflects the plans of
each Federal research agency to increase the capacity of HBCUs,
TCUs, and MSIs to compete effectively for grants, contracts, or
cooperative agreements and to encourage HBCUs, TCUs, and MSIs
to participate in Federal programs.
(2) Considerations.--In developing a strategic plan under
paragraph (1), the Director and the head of each Federal
research agency shall consider the following:
(A) Issuing new or expanding existing funding
opportunities targeted to HBCUs, TCUs, and MSIs.
(B) Modifying existing research and development
program solicitations to incentivize effective
partnerships with HBCUs, TCUs, and MSIs.
(C) Offering planning grants for HBCUs, TCUs, and
MSIs to develop or equip grant offices with the
requisite depth of knowledge to submit competitive
grant proposals and manage awarded grants.
(D) Offering additional training programs,
including individualized and timely guidance to grant
officers, faculty, and postdoctoral researchers at
HBCUs, TCUs, and MSIs to ensure their understanding of
the requirements for an effective grant proposal.
(E) Other approaches for making current competitive
funding models more accessible for underresourced
HBCUs, TCUs, and MSIs.
(d) Report on Policy Guidelines.--Not later than two years after
the date of the enactment of this Act and every five years thereafter,
the Director of the Office of Science and Technology Policy shall
report to Congress on the implementation by Federal research agencies
of the policy guidelines developed under this section.
(e) Report on Coordination of Federal STEM Education.--Subsection
(d) of section 101(d) of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621) is amended--
(1) in paragraph (7) by striking ``and'';
(2) in paragraph (8) by striking the period at the end;
(3) by adding at the end the following:
``(9) an account of Federal research agency investments in
HBCUs, TCUs, and MSIs, including, to the degree practicable,
data on the level of participation of HBCUs, TCUs, and MSIs as
prime recipients, contractors, subrecipients, or subcontractors
of an award, or reasonable estimates thereof; and
``(10) a description of material changes to the
implementation of section 10522 of the Research and
Development, Competition, and Innovation Act.''.
SEC. 10523. RESEARCH AT THE NATIONAL SCIENCE FOUNDATION.
(a) In General.--The Director shall make awards, on a competitive
basis, to institutions of higher education or nonprofit organizations
(or consortia thereof) to--
(1) conduct research described in subsection (b) with
respect to HBCUs, TCUs, and MSIs; and
(2) identify and broadly disseminate effective models for
programs and practices at HBCUs, TCUs, and MSIs that promote
the education and workforce preparation of minority students
pursuing STEM studies and careers in which such students are
underrepresented.
(b) Research.--Research described in this subsection is research on
the contribution of HBCUs, TCUs, and MSIs to the education and training
of underrepresented minority students in STEM fields and to the meeting
of national STEM workforce needs, including relating to the following:
(1) The diversity with respect to local context, cultural
differences, and institutional structure among HBCUs, TCUs, and
MSIs and any associated impact on education and research
endeavors.
(2) Effective practices at HBCUs, TCUs, and MSIs and
associated outcomes on student recruitment, retention, and
advancement in STEM fields, including the ability for students
to compete for fellowships, employment, and advancement in the
workforce.
(3) Contributions made by HBCUs, TCUs, and MSIs to local,
regional, and national workforces.
(4) The challenges and opportunities for HBCUs, TCUs, and
MSIs in attaining the resources needed for integrating
effective practices in STEM education, including providing
research experiences for underrepresented minority students.
(5) The access of students at HBCUs, TCUs, and MSIs to STEM
infrastructure and any associated outcomes for STEM competency.
(6) Models of STEM curriculum, learning, and teaching
successful at HBCUs, TCUs, and MSIs for increasing
participation, retention, and success of underrepresented
minority students.
(7) Successful or promising partnerships between HBCUs,
TCUs, and MSIs and other institutions of higher education,
private sector and nonprofit organizations, Federal
laboratories, and international research institutions.
(c) Research Experiences.--Awards under this section may fund the
development or expansion of opportunities for the exchange of students
and faculty to conduct research, facilitate professional development,
and provide mentorship, including through partnerships with
institutions of higher education that are not HBCUs, TCUs, or MSIs,
private sector and nonprofit organizations, Federal laboratories, and
international research institutions.
SEC. 10524. CAPACITY-BUILDING PROGRAM FOR DEVELOPING UNIVERSITIES.
(a) Awards.--
(1) In general.--The Director shall make awards, on a
competitive basis, to eligible institutions described in
subsection (b) to support the mission of the Foundation and to
build institutional research capacity at eligible institutions.
(2) Administration.--The Director may administer separate
competitions for each category of eligible institution
described in subparagraphs (A) through (C) of subsection (b)(1)
in order to ensure fair competition for institutions with
significantly different research capacities.
(b) Eligible Institutions.--To be eligible to receive an award
under this subsection, an entity--
(1) shall be--
(A) a historically Black college or university;
(B) a Tribal College or University;
(C) a minority-serving institution;
(D) an institution of higher education with an
established STEM capacity-building program focused on
Native Hawaiians and Alaska Natives; or
(E) consortia thereof;
(2) shall--
(A) have not more than $50,000,000 in annual
federally financed research and development
expenditures for science and engineering as reported
through the National Science Foundation Higher
Education Research and Development Survey; or
(B) not be an institution classified as having very
high research activity by the Carnegie Classification
of Institutions of Higher Education.
(c) Partnerships.--In making awards under this section, the
Director shall--
(1) encourage entities that are consortia of eligible
institutions to submit proposals and require such proposals to
include a plan for establishing a sustained partnership that is
jointly developed and managed, draws from the capacities of
each institution, and is mutually beneficial;
(2) encourage proposals submitted in partnership with the
private sector, nonprofit organizations, Federal laboratories,
and international research institutions, as appropriate;
(3) require proposals described in paragraphs (1) and (2)
to include a plan to strengthen the administrative and research
capacity of the partnering HBCUs, TCUs, or MSIs to lead future
proposals.
(d) Very High Research Activity Status Historically Black Colleges
and Universities Program.--Awards under this section may be used to
enable HBCUs which have high research activity status to achieve very
high research activity status, as classified under the Carnegie
Classification of Institutions of Higher Education, by enabling--
(1) faculty professional development;
(2) stipends for graduate and undergraduate students, and
postdoctoral scholars;
(3) acquisition of laboratory equipment and
instrumentation; and
(4) other activities as necessary to build research
capacity.
(e) Proposals.--To receive an award under this subsection, an
eligible institution shall submit an application to the Director at
such time, in such manner, and containing such information as the
Director may require, including--
(1) a plan that describes how the eligible institution will
establish or expand research office capacity and how such award
would be used to--
(A) conduct an assessment of capacity-building and
research infrastructure needs of an eligible
institution;
(B) enhance institutional resources to provide
administrative research development support to faculty
at an eligible institution;
(C) bolster the institutional research
competitiveness of an eligible institution to support
awards made by the Foundation;
(D) support the acquisition of instrumentation
necessary to build research capacity at an eligible
institution in research areas directly associated with
the Foundation;
(E) increase capability of an eligible institution
to move technology into the marketplace;
(F) increase engagement with industry to execute
research through the SBIR and STTR programs (as such
terms are defined in section 9(e) of the Small Business
Act (15 U.S.C. 638(e)) and direct contracts at an
eligible institution;
(G) enhance STEM curriculum and research training
opportunities at the undergraduate, graduate, and
postdoctoral levels at an eligible institution;
(H) further faculty development initiatives and
strengthen institutional research training
infrastructure, capacity, and competitiveness of an
eligible institution;
(I) address plans and prospects for long-term
sustainability of institutional enhancements at an
eligible institution resulting from the award
including, if applicable, how the award may be
leveraged by an eligible institution to build a broader
base of support; and
(J) develop and implement mechanisms for
institutions of higher education to partner with HBCUs,
TCUs, and MSIs on STEM education, including the
facilitation of student exchanges, course and resource
sharing, collaboration, and matriculation of students
to either institution's graduate programs, mentoring
programs for students and junior faculty, joint
research projects, and student access to graduate
education; and
(2) as relevant, a plan, which shall be updated every three
years, that describes the institution's strategy to achieve
very high research activity status, including making
investments with institutional and non-Federal funds, to
achieve that status within a decade of the grant award, to the
extent practicable.
(f) MSI Centers of Innovation.--Awards under this section may fund
the establishment of not more than five MSI Centers of Innovation to
leverage successes of HBCUs, TCUs, and MSIs in STEM education and
research training of underrepresented minority students as models for
other institutions, including both HBCUs, TCUs, and MSIs and
institutions of higher education that are not HBCUs, TCUs, or MSIs.
Such centers will be located on campuses of selected HBCUs, TCUs, or
MSIs, and serve as incubators to allow institutions of higher education
to experiment, pilot, evaluate, and scale up promising practices.
(g) Awards.--Awards made under this subsection shall be for periods
of three years and may be extended for periods of not more than five
years.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Director $200,000,000 for fiscal year 2023 and
$250,000,000 for each of fiscal years 2024 through 2027 to carry out
the activities in this section and section 10523.
(i) Report on Improving the Research Capacity at High Research
Activity Historically Black Colleges and Universities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the National Science and Technology
Council shall prepare and submit a report that--
(A) identifies challenges and barriers to Federal
research and development awards for high research
activity status HBCUs; and
(B) identifies recommendations for Federal research
agencies to sustainably boost the research capacity of
high research activity status HBCUs through awards-
making authorities.
(2) Report submission.--The National Science and Technology
Council shall transmit the report required under paragraph (1)
to the Director, the Administrator of the National Aeronautics
and Space Administration, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Defense, the Secretary
of Energy, the Secretary of Health and Human Services, and the
heads of other such agencies as determined relevant by the
National Science and Technology Council.
(3) Information from federal agencies.--The National
Science and Technology Council may secure directly from a
Federal department or agency such information as the National
Science and Technology Council considers necessary to prepare
the report required under paragraph (1). Upon a request from
the National Science and Technology Council, the head of a
Federal department or agency shall furnish such information as
is requested to the National Science and Technology Council.
SEC. 10525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.
(a) Awards to Broaden Tribal College and University Student
Participation in Computer Science.--Section 525 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-13) is amended by adding
at the end the following:
``(d) Awards to Broaden Tribal College and University Student
Participation in Computer Science.--
``(1) In general.--The Director, as part of the program
authorized under this section, shall make awards on a
competitive, merit-reviewed basis to eligible entities to
increase the participation of Tribal populations in computer
science and computational thinking education programs to enable
students to develop skills and competencies in coding, problem-
solving, critical thinking, creativity and collaboration.
``(2) Purpose.--Awards made under this subsection shall
support--
``(A) research and development needed to bring
computer science and computational thinking courses and
degrees to Tribal Colleges or Universities;
``(B) research and development of instructional
materials needed to integrate computer science and
computational thinking into programs that are
culturally relevant to students attending Tribal
Colleges or Universities;
``(C) research, development and evaluation of
distance education for computer science and
computational thinking courses and degree programs for
students attending Tribal Colleges and Universities;
and
``(D) other activities consistent with the
activities described in paragraphs (1) through (4) of
subsection (b), as determined by the Director.
``(3) Partnerships.--A Tribal College or University seeking
an award under this subsection, or consortia thereof, may
partner with an institution of higher education or nonprofit
organization with demonstrated expertise in academic program
development.
``(4) Coordination.--In carrying out this subsection, the
Director shall consult and cooperate with the programs and
policies of other relevant Federal agencies to avoid
duplication with and enhance the effectiveness of the program
under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Director $2,000,000 in
each of fiscal years 2023 through 2027 to carry out this
subsection.''.
(b) Evaluation.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Director shall evaluate the
award program authorized under section 525 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13), as
amended by subsection (a).
(2) Requirements.--In conducting the evaluation under
paragraph (1), the Director shall, as practicable--
(A) use a common set of benchmarks and assessment
tools to identify best practices and materials
developed or demonstrated by the research conducted
pursuant to award programs under section 525 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C.
1862p-13), as amended by subsection (a);
(B) include an assessment of the effectiveness of
such award programs in expanding access to high quality
STEM education, research, and outreach at Tribal
Colleges or Universities, as applicable;
(C) assess the number of students who participated
in such award programs; and
(D) assess the percentage of students participating
in such award programs who successfully complete their
education programs.
(3) Report.--Not later than 180 days after the date on
which the evaluation under paragraph (1) is completed, the
Director shall submit to Congress and make available to the
public, a report on the results of the evaluation, including
any recommendations for legislative action that could optimize
the effectiveness of the award program authorized under section
525 of the America COMPETES Reauthorization Act of 2010, as
amended by subsection (a).
SEC. 10526. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) HBCU.--The term ``HBCU'' has the meaning given the term
``part B institution'' in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(3) Minority serving institution.--The term ``minority
serving institution'' or ``MSI'' means Hispanic-Serving
Institutions as defined in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a); Alaska Native Serving
Institutions and Native Hawaiian-Serving Institutions as
defined in section 317 of the Higher Education Act of 1965 (20
U.S.C. 1059d); and Predominantly Black Institutions, Asian
American and Native American Pacific Islander-Serving
Institutions, and Native American-Serving Nontribal
Institutions as defined in section 371 of the Higher Education
Act of 1965 (20 U.S.C. 1067q(c)).
(4) TCU.--The term ``TCU'' has the meaning given the term
``Tribal College or University'' in section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c).
Subtitle D--Combating Sexual Harassment in Science
SEC. 10531. FINDINGS.
Congress makes the following findings:
(1) According to the report issued by the National
Academies of Sciences, Engineering, and Medicine in 2018
entitled ``Sexual Harassment of Women: Climate, Culture, and
Consequences in Academic Sciences, Engineering, and
Medicine''--
(A) sexual harassment is pervasive in institutions
of higher education;
(B) the most common type of sexual harassment is
gender harassment;
(C) 58 percent of individuals in the academic
workplace experience sexual harassment, the second
highest rate when compared to the military, the private
sector, and Federal, State, and local government;
(D) women who are members of racial or ethnic
minority groups are more likely to experience sexual
harassment and to feel unsafe at work than White women,
White men, or men who are members of such groups;
(E) the training for each individual who has a
Doctor of Philosophy in the science, technology,
engineering, and mathematics fields is estimated to
cost approximately $500,000; and
(F) attrition of an individual so trained results
in a loss of talent and money.
(2) According to a 2017 University of Illinois study, among
astronomers and planetary scientists, 18 percent of women who
are members of racial or ethnic minority groups and 12 percent
of White women skipped professional events because they did not
feel safe attending.
(3) Reporting procedures with respect to sexual harassment
are inconsistent among Federal research agencies and have
varying degrees of accessibility.
(4) There is not adequate communication among Federal
research agencies and between such agencies and recipients
regarding reports of sexual harassment, which has resulted in
harassers receiving Federal funding after moving to a different
institution.
SEC. 10532. PURPOSE.
The purpose of this subtitle is to increase understanding of the
causes and consequences of sex-based and sexual harassment, as
discussed in the report issued by the National Academies in 2018
entitled ``Sexual Harassment of Women: Climate, Culture, and
Consequences in Academic Sciences, Engineering, and Medicine'', and to
advance evidence-based approaches to reduce the prevalence and negative
impact of such harassment.
SEC. 10533. DEFINITION.
In this subtitle, the term ``Director'' means the Director of the
National Science Foundation.
SEC. 10534. RESEARCH AWARDS.
(a) In General.--The Director shall make awards, on a competitive
basis, to institutions of higher education or nonprofit organizations
(or consortia of such institutions or organizations)--
(1) to expand research efforts to better understand the
factors contributing to, and consequences of, sex-based and
sexual harassment affecting individuals in the STEM workforce,
including students and trainees; and
(2) to examine approaches to reduce the incidence and
negative consequences of such harassment.
(b) Use of Funds.--Activities funded by an award under this section
may include--
(1) research on the sex-based and sexual harassment
experiences of individuals, including in racial and ethnic
minority groups, disabled individuals, foreign nationals,
sexual-minority individuals, and others;
(2) development and assessment of policies, procedures,
trainings, and interventions, with respect to sex-based and
sexual harassment, conflict management, and ways to foster
respectful and inclusive climates;
(3) research on approaches for remediating the negative
impacts and outcomes of such harassment on individuals
experiencing such harassment;
(4) support for institutions of higher education or
nonprofit organizations to develop, adapt, implement, and
assess the impact of innovative, evidence-based strategies,
policies, and approaches to policy implementation to prevent
and address sex-based and sexual harassment;
(5) research on alternatives to the power dynamics,
hierarchical, and dependent relationships, including but not
limited to the mentor-mentee relationship, in academia that
have been shown to create higher levels of risk for and lower
levels of reporting of sex- based and sexual harassment; and
(6) establishing a center for the ongoing compilation,
management, and analysis of organizational climate survey data.
SEC. 10535. RESPONSIBLE CONDUCT GUIDE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director shall enter into an agreement with
the National Academies to update the report entitled ``On Being a
Scientist: A Guide to Responsible Conduct in Research'' issued by the
National Academies. The report, as so updated, shall include--
(1) updated professional standards of conduct in research;
(2) promising practices for preventing, addressing, and
mitigating the negative impact of sex-based and sexual
harassment, to include--
(A) standards of treatment individuals can expect
to receive under updated standards of conduct;
(B) evidence-based practices for fostering a
climate intolerant of sex-based, sexual, and other
forms of harassment;
(C) methods, including bystander intervention, for
identifying and addressing incidents of such
harassment; and
(D) professional standards for mentorship and
teaching with an emphasis on power diffusion mechanisms
and preventing such harassment; and
(3) promising practices for mitigating potential security
risks that threaten research security.
(b) Report.--Not later than 18 months after the effective date of
the agreement under subsection (a), the National Academies, as part of
such agreement, shall submit to the Director and the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate the
report referred to in such subparagraph, as updated pursuant to such
subparagraph.
SEC. 10536. INTERAGENCY WORKING GROUP.
(a) In General.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council, shall establish or designate an interagency working group for
the purpose of coordinating Federal research agency efforts to reduce
the prevalence of sex-based and sexual harassment involving award
personnel. In coordination with the working group on inclusion in STEM
fields established under section 308 of the American Innovation and
Competitiveness Act (42 U.S.C. 6626) and the Safe Inclusive Research
Environments Subcommittee of the National Science and Technology
Council, and in consultation with representatives from each Federal
research agency, the Office for Civil Rights at the Department of
Health and Human Services, the Office for Civil Rights at the
Department of Education, and the Equal Employment Opportunity
Commission, the working group shall--
(1) not later than 90 days after the date of the enactment
of this Act, submit to the Committee on Science, Space, and
Technology, the Committee on Education and Labor, and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor,
and Pensions of the Senate an inventory of Federal research
agency policies, procedures, and resources dedicated to
preventing and responding to reports of sex-based and sexual
harassment;
(2) not later than 6 months after the date on which the
inventory is submitted under paragraph (1)--
(A) in consultation with outside stakeholders,
develop a consistent set of policy guidelines for
Federal research agencies; and
(B) submit a report to the committees referred to
in paragraph (1) containing such guidelines;
(3) encourage and monitor efforts of Federal research
agencies to develop or maintain and implement policies based on
the guidelines developed under paragraph (2);
(4) not later than 1 year after the date on which the
inventory under paragraph (1) is submitted, and every 5 years
thereafter, the Director of the Office of Science and
Technology Policy shall report to Congress on the
implementation by Federal research agencies of the policy
guidelines developed under paragraph (2); and
(5) update such policy guidelines as needed.
(b) Requirements.--In developing policy guidelines under subsection
(a)(2), the Director of the Office of Science and Technology Policy
shall include guidelines that require, to the extent practicable--
(1) recipients to submit to the Federal research agency or
agencies from which the recipients receive funding reports
relating to--
(A) any decision made to launch a formal
investigation of sex-based or sexual harassment,
including bullying, retaliation, or hostile working
conditions by, or of, award personnel;
(B) administrative action, related to an allegation
against award personnel of any such harassment, as set
forth in organizational policies or codes of conduct,
statutes, regulations, or executive orders, that
affects the ability of award personnel or their
trainees to carry out the activities of the award;
(C) the total number of investigations with no
findings or determinations of misconduct including such
harassment;
(D) findings or determinations of such harassment,
as set forth in organizational policies or codes of
conduct, statutes, regulations, or Executive orders by,
or of, award personnel, including the final disposition
of a matter involving a violation of organizational
policies and processes, to include the exhaustion of
permissible appeals, or a determination of a sexual
offense in a court of law, or any other disciplinary
action taken;
(2) the sharing, updating, and archiving of reports of sex-
based and sexual harassment from recipients submitted under
paragraph (1) with relevant Federal research agencies, on a
yearly basis and by agency request; and
(3) consistency among Federal research agencies with regard
to the policies and procedures for receiving reports submitted
pursuant to paragraph (1).
(4) FERPA.--The Director of the Office of Science and
Technology Policy shall ensure that such guidelines and
requirements are consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C. 1232g)
(commonly referred to as the ``Family Educational Rights and
Privacy Act of 1974'').
(5) Privacy protections.--The Director of the Office of
Science and Technology Policy shall ensure that such guidelines
and requirements--
(A) do not infringe upon the privacy rights of
individuals associated with reports submitted to
Federal research agencies; and
(B) do not require recipients to provide interim
reports to Federal research agencies.
(c) Considerations.--In carrying out subsection (a)(2), the
Director of the Office of Science and Technology Policy shall consider
issuing guidelines that require or incent--
(1) recipients to periodically assess their organizational
climate, which may include the use of climate surveys, focus
groups, or exit interviews;
(2) recipients to publish on a publicly available internet
website the results of assessments conducted pursuant to
paragraph (1), disaggregated by sex and, if practicable, race,
ethnicity, disability status, and sexual orientation, and in a
manner that does not include personally identifiable
information;
(3) recipients to make public on an annual basis the number
of reports of sex-based and sexual harassment at that
institution or organization;
(4) recipients to regularly assess and improve policies,
procedures, and interventions to reduce the prevalence of and
improve the reporting of sex-based and sexual harassment;
(5) each entity applying for a research and development
award certify that a code of conduct is in place for
maintaining a healthy and welcoming workplace for award
personnel and posted on their public website;
(6) each recipient and Federal research agency to have in
place mechanisms for addressing the needs of individuals who
have experienced sex-based and sexual harassment, including
those individuals seeking to reintegrate at the recipient
entity; and
(7) recipients to work to create a climate intolerant of
sex- based and sexual harassment and that values and promotes
diversity and inclusion.
(d) Federal Research Agency Implementation.--Not later than 270
days after receiving the guidelines under paragraph (a)(2), each
Federal research agency shall--
(1) develop or maintain and implement policies with respect
to sex-based and sexual harassment that are consistent with
policy guidelines under subsection (a)(2) and that protect the
privacy of all parties involved in any report and investigation
of sex-based or sexual harassment, to the maximum extent
practicable; and
(2) broadly disseminate such policies to current and
potential recipients of research and development awards made by
such agency.
SEC. 10537. NATIONAL ACADEMIES ASSESSMENT.
Not later than 3 years after the date of enactment of this Act, the
Director shall enter into an agreement with the National Academies to
undertake a study and issue a report on the influence of sex-based and
sexual harassment in institutions of higher education on the career
advancement of individuals in the STEM workforce. The study shall
assess--
(1) the state of research on sex-based and sexual
harassment in such workforce;
(2) whether research demonstrates a decrease in the
prevalence of sex-based and sexual harassment in such
workforce;
(3) the progress made with respect to implementing
recommendations promulgated in the National Academies consensus
study report entitled ``Sexual Harassment of Women: Climate,
Culture, and Consequences in Academic Sciences, Engineering,
and Medicine'';
(4) where to focus future efforts with respect to
decreasing the prevalence of sex-based and sexual harassment in
such institutions, including specific recommendations; and
(5) other recommendations and issues, as the National
Academies determines appropriate.
SEC. 10538. GAO STUDY.
Not later than 3 years after the date of enactment of this
division, the Comptroller General of the United States shall--
(1) complete a study that assesses the degree to which
Federal research agencies have implemented the policy
guidelines developed under section 10536(a)(2) and the
effectiveness of that implementation; and
(2) submit a report to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the
results of such study, including recommendations on potential
changes to practices and policies to improve those guidelines
and that implementation.
SEC. 10539. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Director to carry out
this subtitle, $32,500,000.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-career Researchers
SEC. 10601. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM.
(a) In General.--The Director of the National Science Foundation
may establish a 2-year pilot program to make awards to highly qualified
early-career investigators to carry out an independent research program
at the institution of higher education or participating Federal
research facility chosen by such investigator, to last for a period not
greater than two years.
(b) Selection Process.--The Director of the National Science
Foundation shall select recipients under subsection (a) from among
citizens, nationals, and lawfully admitted permanent resident aliens of
the United States.
(c) Outreach.--The Director of the National Science Foundation
shall conduct program outreach to recruit fellowship applicants--
(1) from all regions of the country;
(2) from historically underrepresented populations in the
fields of science, technology, engineering, and mathematics;
and
(3) who graduate from or intend to carry out research at a
variety of types of institutions of higher education,
including--
(A) historically Black colleges and universities;
(B) Tribal Colleges and Universities;
(C) minority-serving institutions;
(D) institutions of higher education that are not
among the top 50 institutions in annual Federal funding
for research; and
(E) EPSCoR institutions.
(d) Special Consideration.--The Director of the National Science
Foundation shall give special consideration and priority to an
application from an individual who graduated from or is intending to
carry out research at an institution of the type specified in
subsection (c)(3).
(e) Reports From Fellows.--Not later than 180 days after the end of
the pilot program under this section, each early-career investigator
who receives an award under the pilot program shall submit to the
Director of the National Science Foundation a report that describes how
the early-career investigator used the award funds.
(f) Report From the Director.--Not later than 90 days after the
conclusion of the second year of the pilot program, the Director of the
National Science Foundation shall submit to Congress a report that
includes the following:
(1) A summary of the uses of award funds under this section
and the impact of the pilot program under this section.
(2) Statistical summary data on fellowship awardees
disaggregated by race, ethnicity, sex, geography, age, years
since completion of doctoral degree, and institution type.
(3) If determined effective, a plan for permanent
implementation of the pilot program.
SEC. 10602. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Director of the
National Science Foundation $250,000,000 for each of fiscal years 2023
through 2024 to carry out the activities in this subtitle.
Subtitle B--National Science and Technology Strategy
SEC. 10611. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.
Section 206 of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6615) is amended to
read as follows:
``SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.
``(a) In General.--Not later than December 31 of the year
immediately after the calendar year in which a review under section
206B is completed, the Director of the Office of Science and Technology
Policy shall, in coordination with the National Science and Technology
Council, develop and submit to Congress a comprehensive national
science and technology strategy of the United States to meet national
research and development objectives for the following 4-year period (in
this section referred to as `the national science and technology
strategy').
``(b) Requirements.--In developing each national science and
technology strategy described in subsection (a), the Director of the
Office of Science and Technology Policy shall--
``(1) consider--
``(A) the recommendations and priorities developed
by the review under section 206B;
``(B) the most recently published interim or final
national security strategy report submitted pursuant to
section 108 of the National Security Act of 1947 (50
U.S.C. 3043);
``(C) other relevant national plans, reports, and
strategies; and
``(D) the strategic plans of relevant Federal
departments and agencies; and
``(2) include a description of--
``(A) strategic objectives and research priorities
necessary to maintain and advance--
``(i) the leadership of the United States
in science and technology, including in the key
technology focus areas, including near-term,
medium-term, and long-term economic
competitiveness; and
``(ii) the leadership of the United States
in technologies required to address societal
and national challenges, including a transition
to a circular economy;
``(B) programs, policies, and activities that the
President recommends across all Federal departments and
agencies to achieve the strategic objectives and
research priorities described in subparagraph (A);
``(C) plans to promote sustainability practices and
strategies for increasing jobs in the United States;
``(D) global trends in science and technology,
including potential threats to the leadership of the
United States in science and technology and
opportunities for international collaboration in
science and technology; and
``(E) plans to foster the development of
international partnerships to reinforce domestic policy
actions, build new markets, engage in collaborative
research, and create an international environment that
reflects United States values and protects United
States interests.
``(c) Consultation.--The Director of the Office of Science and
Technology Policy shall consult as necessary with the Office of
Management and Budget and other appropriate elements of the Executive
Office of the President to ensure that the recommendations and
priorities delineated in the science and technology strategy are
incorporated in the development of annual budget requests.
``(d) Bi-Annual Briefing to Congress.--The Director of the Office
of Science and Technology Policy shall provide on a bi-annual basis,
after each release of the national science and technology strategy, a
briefing to the relevant congressional committees, which may include
updates on the following:
``(1) The status and development of the national science
and technology strategy, including any significant changes.
``(2) The implementation of the national science and
technology strategy.
``(3) Any other information about the national science and
technology strategy, as determined by the Director of the
Office of Science and Technology Policy.
``(e) Publication.--The Director of the Office of Science and
Technology Policy shall, consistent with the protection of national
security and other sensitive matters to the maximum extent practicable,
make each national science and technology strategy publicly available
on an internet website of the Office. Each report may include a
classified annex if the Director of the Office of Science and
Technology Policy determines such is appropriate.
``(f) Termination.--This section terminates on the date that is ten
years after the date of the enactment of this section.''.
SEC. 10612. STRATEGY AND REPORT ON THE NATION'S ECONOMIC SECURITY,
SCIENCE, RESEARCH, AND INNOVATION TO SUPPORT THE NATIONAL
SECURITY STRATEGY.
(a) Definitions.--In this section:
(1) Foreign country of concern.--The term ``foreign country
of concern'' means the People's Republic of China, the
Democratic People's Republic of Korea, the Russian Federation,
the Islamic Republic of Iran, or any other country determined
to be a country of concern by the Department of State.
(2) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as such term is
defined in section 4872 of title 10, United States
Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States
Code (commonly known as the Espionage Act);
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the Economic Espionage
Act of 1996);
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the
Director of National Intelligence, to be engaged in
unauthorized conduct that is detrimental to the
national security or foreign policy of the United
States.
(3) National security strategy.--The term ``national
security strategy'' means the national security strategy
required under section 108 of the National Security Act of 1947
(50 U.S.C. 3043).
(b) Strategy and Report.--
(1) In general.--Not later than 90 days after the
transmission of each national security strategy under section
108(a) of the National Security Act of 1947 (50 U.S.C.
3043(a)), the President, acting through the Director of the
Office of Science and Technology Policy, shall, in coordination
with the National Science and Technology Council, the National
Security Council, the Director of the National Economic
Council, and the heads of such other relevant Federal agencies
as the Director of the Office of Science and Technology Policy
considers appropriate and in consultation with such
nongovernmental partners as the Director of the Office of
Science and Technology Policy considers appropriate--
(A) review such strategy, including the national
defense strategy under subsection (g) of section 113 of
title 10, United States Code, and the national science
and technology strategy under section 206 of the
National Science and Technology Policy, Organization,
and Priorities Act of 1976 (42 U.S.C. 6615), programs,
and resources as the Director of the Office of Science
and Technology Policy determines pertain to United
States' national competitiveness in science,
technology, research, innovation, and technology
transfer activities, including patenting and licensing,
that support the national security strategy;
(B) develop or revise a national strategy to
improve the national competitiveness of United States
science, technology, research, and innovation to
support the national security strategy; and
(C) submit to Congress--
(i) a report on the findings of the
Director of the Office of Science and
Technology Policy with respect to the review
conducted pursuant to subparagraph (A); and
(ii) the strategy developed or revised
pursuant to subparagraph (B).
(2) Termination.--This subsection terminates on the date
that is 5 years after the date of the enactment of this Act.
(c) Elements.--
(1) Report.--Each report submitted under subsection
(b)(1)(C)(i) shall include the following:
(A) An assessment of the efforts of the United
States Government to preserve United States leadership
in key emerging technologies and prevent United States
strategic competitors from leveraging advanced
technologies to gain strategic military or economic
advantages over the United States.
(B) An assessment of public and private investment
in science and technology relevant to national security
purposes, and the implications of such for the
geostrategic position of the United States.
(C) A description of the prioritized economic
security interests and objectives.
(D) An assessment of global trends in science and
technology, including potential threats to the national
security of the United States in science and
technology.
(E) An assessment of the national debt and its
implications for the economic and national security of
the United States.
(F) An assessment of how regional innovation
capacity efforts in STEM fields are contributing and
could contribute to the national security the United
States, including programs run by State and local
governments.
(G) An assessment of the following:
(i) Workforce needs for competitiveness in
technology areas identified in the national
security strategy.
(ii) Any efforts needed to expand pathways
into technology fields to achieve the goals of
the national security strategy.
(H) An assessment of barriers to the development,
evolution, or competitiveness of start-ups, small and
mid-sized business entities, and industries that are
critical to national security.
(I) An assessment of the effectiveness of the
Federal Government, federally funded research and
development centers, and national laboratories in
supporting and promoting the technology
commercialization and technology transfer of
technologies critical to national security.
(J) An assessment of manufacturing capacity,
logistics, and supply chain dynamics of major export
sectors that are critical to national security,
including access to a skilled workforce, physical
infrastructure, and broadband network infrastructure.
(K) An assessment of how the Federal Government is
increasing the participation of underrepresented
populations in science, research, innovation, and
manufacturing.
(L) An assessment of public-private partnerships in
technology commercialization in support of national
security, including--
(i) the structure of current defense
technology research and commercialization
arrangements with regard to public-private
partnerships; and
(ii) the extent to which intellectual
property developed with Federal defense
funding--
(I) is being used to manufacture in
the United States rather than in other
countries; and
(II) is being used by foreign
business entities that are majority
owned or controlled (as such term is
defined in section 800.208 of title 31,
Code of Federal Regulations, or a
successor regulation), or minority
owned greater than 25 percent by--
(aa) any governmental
organization of a foreign
country of concern; or
(bb) any other entity that
is--
(AA) known to be
owned or controlled by
any governmental
organization of a
foreign country of
concern; or
(BB) organized
under, or otherwise
subject to, the laws of
a foreign country of
concern.
(M) Recommendations to enhance the ability of the
Federal Government to recruit into Federal service and
retain in such service individuals with critical skills
relevant to national security.
(N) Recommendations for policies to protect United
States leadership and the allies of the United States
in critical areas relevant to national security through
targeted export controls, investment screening, and
counterintelligence activities.
(O) Informed by the interagency process established
under section 1758 of the Export Control Reform Act of
2018, a technology annex, which may be classified,
describing an integrated and enduring approach to the
identification, prioritization, development, and
fielding of emerging technologies relevant to national
security.
(2) Strategy.--Each strategy submitted under subsection
(b)(1)(C)(ii) shall, to the extent practicable, include the
following:
(A) A plan to utilize available tools to address or
minimize the leading threats and challenges and to take
advantage of the leading opportunities, particularly in
regards to technologies central to international
competition in science and technology relevant to
national security purposes, including the following:
(i) Specific objectives, tasks, metrics,
and milestones for each relevant Federal
agency.
(ii) Strategic objectives and priorities
necessary to maintain the leadership of the
United States in science and technology
relevant to national security purposes,
including near-term, medium-term, and long-term
research priorities.
(iii) Specific plans to safeguard research
and technology funded, as appropriate, in whole
or in part, by the Federal Government,
including in technologies critical to national
security, from theft or exfiltration by foreign
entities of concern.
(iv) Specific plans to support public and
private sector investment in research,
technology development, education and workforce
development, and domestic manufacturing
supportive of the national security of the
United States and to foster the use of public-
private partnerships.
(v) A description of the following:
(I) How the strategy submitted
under subsection (b)(1)(C)(ii) supports
the national security strategy.
(II) How the strategy submitted
under such subsection is integrated and
coordinated with the most recent--
(aa) national defense
strategy under subsection (g)
of section 113 of title 10,
United States Code; and
(bb) national science and
technology strategy under
section 206 of the National
Science and Technology Policy,
Organization, and Priorities
Act of 1976 (42 U.S.C. 6615).
(vi) A plan to encourage the governments of
countries that are allies or partners of the
United States to cooperate with the execution
of such strategy, where appropriate.
(vii) A plan for strengthening the
industrial base of the United States.
(viii) A plan to remove or update overly
burdensome or outdated Federal regulations, as
appropriate.
(ix) A plan--
(I) to further incentivize industry
participation in public-private
partnerships for the purposes of
accelerating technology research and
commercialization in support of
national security, including alternate
ways of accounting for in-kind
contributions and valuing partially
manufactured products;
(II) to ensure that intellectual
property developed with Federal funding
is commercialized in the United States;
and
(III) to ensure, to the maximum
appropriate extent, that intellectual
property developed with Federal funding
is not being used by foreign business
entities that are majority owned or
controlled (as such term is defined in
section 800.208 of title 31, Code of
Federal Regulations, or a successor
regulation), or minority owned greater
than 25 percent by--
(aa) any governmental
organization of a foreign
country of concern; or
(bb) any other entity that
is--
(AA) known to be
owned or controlled by
any governmental
organization of a
foreign country of
concern; or
(BB) organized
under, or otherwise
subject to, the laws of
a foreign country of
concern.
(x) An identification of additional
resources, administrative action, or
legislative action recommended to assist with
the implementation of such strategy.
(d) Research and Development Funding.--The Director of the Office
of Science and Technology Policy shall, as the Director of the Office
of Science and Technology Policy considers necessary, consult with the
Director of the Office of Management and Budget and with the heads of
such other elements of the Executive Office of the President as the
Director of the Office of Science and Technology Policy considers
appropriate to ensure the recommendations and priorities with respect
to research and development funding relevant to national security, as
expressed in the most recent report and strategy submitted under
subsection (b)(1)(C) are incorporated into the development of annual
budget requests for Federal research agencies.
(e) Publication.--The Director of the Office of Science and
Technology Policy shall, consistent with the protection of national
security and other sensitive matters and to the maximum extent
practicable, make each report submitted under subsection (b)(1)(C)(i)
publicly available on an internet website of the Office of Science and
Technology Policy. Each such report may include a classified annex if
the Director of the Office of Science and Technology Policy determines
such is appropriate.
SEC. 10613. QUADRENNIAL SCIENCE AND TECHNOLOGY REVIEW.
The National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by inserting
after section 206 the following new section:
``SEC. 206B. QUADRENNIAL SCIENCE AND TECHNOLOGY REVIEW.
``(a) Requirements.--
``(1) Quadrennial reviews required.--Not later than
December 31, 2023, and every four years thereafter, the
Director of the Office of Science and Technology Policy shall
complete a review of the science and technology enterprise of
the United States (in this section referred to as the
`quadrennial science and technology review').
``(2) Scope.--The quadrennial science and technology review
shall be a comprehensive examination of the science and
technology strategy of the United States, including
recommendations for maintaining global leadership in science
and technology and advancing science and technology to address
the societal and national challenges and guidance regarding the
coordination of programs, assets, capabilities, budget,
policies, and authorities across all Federal research and
development programs.
``(3) Consultation.--The Director of the Office of Science
and Technology Policy shall conduct each quadrennial science
and technology review in consultation with the following:
``(A) The National Science and Technology Council.
``(B) The President's Council of Advisors on
Science and Technology.
``(C) The National Science Board.
``(D) The National Security Council.
``(E) The heads of other relevant Federal agencies.
``(F) Other relevant governmental and
nongovernmental entities, including representatives
from industry, institutions of higher education,
nonprofit organizations, Members of Congress, and other
policy experts.
``(4) Coordination.--The Director of the Office of Science
and Technology Policy shall ensure that each quadrennial
science and technology review is coordinated with other
relevant statutorily required reviews, and to the maximum
extent practicable incorporates information and recommendations
from existing reviews to avoid duplication.
``(b) Contents.--In each quadrennial science and technology review,
the Director of the Office of Science and Technology Policy shall--
``(1) provide an integrated view of, and recommendations
for, science and technology policy across the Federal
Government, while considering economic and national security
and other societal and national challenges;
``(2) assess and recommend priorities for research,
development, and demonstration programs to maintain United
States leadership in science and technology, including in
manufacturing and industrial innovation;
``(3) assess and recommend priorities for research,
development, and demonstration programs to address societal and
national challenges;
``(4) assess the global competition in science and
technology and identify potential threats to the leadership of
the United States in science and technology and opportunities
for international collaboration;
``(5) assess and make recommendations on the science,
technology, engineering, mathematics, and computer science
workforce of the United States;
``(6) assess and make recommendations to improve regional
innovation across the United States;
``(7) identify and assess sectors critical for the long-
term resilience of United States innovation leadership across
design, manufacturing, supply chains, and markets;
``(8) assess and make recommendations to improve
translation of basic and applied research and the enhancement
of technology transfer of federally funded research;
``(9) identify, assess, and make recommendations to address
science and technology gaps that would not be met without
Federal investment;
``(10) review administrative and legislative policies and
funding opportunities that affect private sector science and
technology activities, and identify and make recommendations
regarding policies that maintain and grow the participation and
competitiveness of small- and medium-sized businesses;
``(11) assess and identify the infrastructure and tools
needed to maintain the leadership of the United States in
science and technology and address other societal and national
challenges; and
``(12) review administrative or legislative policies that
affect the science and technology enterprise and identify and
make recommendations regarding policies that hinder research
and development in the United States.
``(c) Reporting.--
``(1) In general.--Not later than December 31 of the year
in which a quadrennial science and technology review is
conducted, the Director of the Office of Science and Technology
Policy shall submit to Congress a report relating to such
review.
``(2) Publication.--The Director of the Office of Science
and Technology Policy shall, consistent with the protection of
national security and other sensitive matters to the maximum
extent practicable, make each report submitted under paragraph
(1) publicly available on an internet website of the Office of
Science and Technology Policy. Each report may include a
classified annex if the Director of the Office of Science and
Technology Policy determines such appropriate.
``(d) Termination.--This section shall terminate on the date that
is ten years after the date of the enactment of this section.''.
Subtitle C--Regional Innovation
SEC. 10621. REGIONAL INNOVATION CAPACITY.
(a) In General.--The Stevenson-Wydler Technology Innovation Act of
1980 (Public Law 96-480; 15 U.S.C. 3701 et seq.) is amended--
(1) by redesignating section 28 as section 30; and
(2) by inserting after section 27 the following:
``SEC. 28. REGIONAL TECHNOLOGY AND INNOVATION HUB PROGRAM.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Science, Space, and
Technology and the Committee on Appropriations of the
House of Representatives.
``(2) Cooperative extension services.--The term
`cooperative extension services' has the meaning given the term
in section 1404 of the Food and Agriculture Act of 1977 (7
U.S.C. 3103).
``(3) Site connectivity infrastructure.--The term `site
connectivity infrastructure' means localized driveways and
access roads to a facility as well as hookups to the new
facility for drinking water, waste water, broadband, and other
basic infrastructure services already present in the area.
``(4) Venture development organization.--The term `venture
development organization' has the meaning given such term in
section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C.
3722(a)).
``(5) Community development financial institution.--The
term `community development financial institution' has the
meaning given in section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702).
``(6) Minority depository institution.--The term `minority
depository institution' means an entity that is--
``(A) a minority depository institution, as defined
in section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note); or
``(B) considered to be a minority depository
institution by--
``(i) the appropriate Federal banking
agency; or
``(ii) the National Credit Union
Administration, in the case of an insured
credit union.
``(7) Low population state.--The term `low population
State' means a State without an urbanized area with a
population greater than 250,000 as reported in the decennial
census.
``(8) Small and rural communities.--The term `small and
rural community' means a noncore area, a micropolitan area, or
a small metropolitan statistical area with a population of not
more than 250,000.
``(b) Regional Technology and Innovation Hub Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall carry out a program--
``(A) to encourage new and constructive
collaborations among local, State, Tribal, and Federal
government entities, institutions of higher education,
the private sector, economic development organizations,
labor organizations, nonprofit organizations, and
community organizations that promote broad-based
regional innovation initiatives;
``(B) to support eligible consortia in the
development and implementation of regional innovation
strategies;
``(C) to designate eligible consortia as regional
technology and innovation hubs and facilitate
activities by consortia designated as regional
technology and innovation hubs in implementing their
regional innovation strategies--
``(i) to enable United States leadership in
technology and innovation sectors critical to
national and economic security;
``(ii) to support regional economic
development and resilience, including in small
cities and rural areas, and promote increased
geographic diversity of innovation across the
United States;
``(iii) to promote the benefits of
technology development and innovation for all
Americans, including underserved communities
and vulnerable communities;
``(iv) to support the modernization and
expansion of United States manufacturing based
on advances in technology and innovation;
``(v) to support domestic job creation and
broad-based economic growth; and
``(vi) to improve the pace of market
readiness, industry maturation, and overall
commercialization and domestic production of
innovative research;
``(D) to ensure that the regional technology and
innovation hubs address the intersection of emerging
technologies and either regional challenges or national
challenges; and
``(E) to conduct ongoing research, evaluation,
analysis, and dissemination of best practices for
regional development and competitiveness in technology
and innovation.
``(2) Awards.--The Secretary shall carry out the program
required by paragraph (1) through the award of the following:
``(A) Strategy development grants or cooperative
agreements to eligible consortia under subsection (e).
``(B) Strategy implementation grants or cooperative
agreements to regional technology and innovation hubs
under subsection (f).
``(3) Administration.--The Secretary shall carry out this
section through the Assistant Secretary of Commerce for
Economic Development in coordination with the Under Secretary
of Commerce for Standards and Technology.
``(c) Eligible Consortia.--For purposes of this section, an
eligible consortium is a consortium that--
``(1) includes 1 or more of each of the following--
``(A) institutions of higher education, which may
include Historically Black Colleges and Universities,
Tribal Colleges or Universities, and minority-serving
institutions;
``(B) State, territorial, local, or Tribal
governments or other political subdivisions of a State,
including State and local agencies, or a consortium
thereof;
``(C) industry or firms in relevant technology,
innovation, or manufacturing sectors;
``(D) economic development organizations or similar
entities that are focused primarily on improving
science, technology, innovation, entrepreneurship, or
access to capital; and
``(E) labor organizations or workforce training
organizations, which may include State and local
workforce development boards as established under
sections 101 and 107 of the Workforce Investment and
Opportunity Act (29 U.S.C. 3111; 3122); and
``(2) may include 1 or more--
``(A) economic development entities with relevant
expertise, including a district organization (as
defined in section 300.3 of title 13, Code of Federal
Regulations, or successor regulation);
``(B) organizations that contribute to increasing
the participation of underserved populations in
science, technology, innovation, and entrepreneurship;
``(C) venture development organizations;
``(D) organizations that promote local economic
stability, high-wage domestic jobs, and broad-based
economic opportunities, such as employee ownership
membership associations and State or local employee
ownerships and cooperative development centers,
financial institutions and investment funds, including
community development financial institutions and
minority depository institutions;
``(E) elementary schools and secondary schools,
including area career and technical education schools
(as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (29 U.S.C. 2302);
``(F) National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
``(G) Federal laboratories;
``(H) Manufacturing extension centers;
``(I) Manufacturing USA institutes;
``(J) transportation planning organizations;
``(K) a cooperative extension services;
``(L) organizations that represent the perspectives
of underserved communities in economic development
initiatives; and
``(M) institutions receiving an award under section
10388 of the Research and Development, Competition, and
Innovation Act.
``(d) Designation of Regional Technology and Innovation Hubs.--
``(1) In general.--In carrying out subsection (b)(1)(C),
the Secretary shall use a competitive, merit-review process to
designate eligible consortia as regional technology and
innovation hubs.
``(2) Distribution.--In conducting the competitive process
under paragraph (1), the Secretary shall ensure geographic and
demographic diversity in the designation of regional technology
hubs by, subject to available appropriations, designating at
least 20 technology hubs, and--
``(A) seeking to designate at least three
technology hubs in each region covered by a regional
office of the Economic Development Administration,
while--
``(i) ensuring that not fewer than one-
third of eligible consortia so designated as
regional technology hubs significantly benefit
a small and rural community, which may include
a State or territory described in clauses (ii)
and (iii);
``(ii) ensuring that not fewer than one-
third of eligible consortia so designated as
regional technology hubs include as a member of
the eligible consortia at least 1 member that
is a State or territory that is eligible to
receive funding from the Established Program to
Stimulate Competitive Research of the National
Science Foundation; and
``(iii) ensuring that at least one eligible
consortium so designated as a regional
technology hub is headquartered in a low
population State that is eligible to receive
funding from the Established Program to
Stimulate Competitive Research of the National
Science Foundation;
``(B) seeking to designate an additional two
regional technology hubs based on selection factors
which shall include likelihood of success and may
include regional factors such as the extent to which
the regional technology and innovation hub
significantly engages and benefits underserved
communities in and near metropolitan areas;
``(C) encouraging eligible consortia to leverage
institutions of higher education serving populations
historically underrepresented in STEM, including
historically Black Colleges and Universities, Tribal
Colleges or Universities, and minority-serving
institutions to significantly benefit an area or
region; and
``(D) encouraging proposals from eligible consortia
that would significantly benefit an area or region
whose economy significantly relies on or has recently
relied on coal, oil, or natural gas production or
development.
``(3) Relation to certain grant awards.--The Secretary
shall not require an eligible consortium to receive a grant or
cooperative agreement under subsection (e) in order to be
designated as a regional technology and innovation hub under
paragraph (1) of this subsection.
``(e) Strategy Development Grants and Cooperative Agreements.--
``(1) In general.--The Secretary shall use a competitive,
merit-review process to award grants or cooperative agreements
to eligible consortia for the development of regional
innovation strategies.
``(2) Number of recipients.--Subject to availability of
appropriations, the Secretary shall seek to award a grant or
cooperative agreement under paragraph (1) to not fewer than 60
eligible consortia.
``(3) Geographic diversity and representation.--
``(A) In general.--The Secretary shall carry out
paragraph (1) in a manner that ensures geographic
diversity and representation from communities of
differing populations.
``(B) Awards to small and rural communities.--In
carrying out paragraph (1), the Secretary shall--
``(i) award not fewer than one-third of the
grants and cooperative agreements under such
paragraph to eligible consortia that
significantly benefit a small and rural
community, which may include a State described
in clause (ii); and
``(ii) award not fewer than one-third of
the grants and cooperative agreements under
such paragraph to eligible consortia that
include as a member of the eligible consortia
at least 1 member that is a State or territory
that is eligible to receive funding from the
Established Program to Stimulate Competitive
Research of the National Science Foundation.
``(4) Use of funds.--
``(A) Use of funds under this grant shall include--
``(i) coordination of a locally defined
planning processes, across jurisdictions and
agencies, relating to developing a
comprehensive regional technology strategy;
``(ii) identification of regional
partnerships for developing and implementing a
comprehensive regional technology strategy;
``(iii) implementation or updating of
assessments to determine regional needs and
capabilities;
``(iv) development or updating of goals and
strategies to implement an existing
comprehensive regional plan;
``(v) identification or implementation of
planning and local zoning and other code
changes necessary to implement a comprehensive
regional technology strategy; and
``(vi) development of plans for promoting
broad-based economic growth in a region.
``(B) Use of funds under this grant may include the
formation of a workforce development strategy,
according to the needs for a skilled and technical
workforce at all skill and degree levels in the region
proposed to be served by the eligible consortia. Any
workforce development strategy submitted pursuant to
paragraph (1) should include--
``(i) how the eligible consortia will
develop, offer, or improve educational or
career training programs and curriculum for a
skilled and technical workforce;
``(ii) the extent to which such programs
developed and offered by the eligible consortia
will meet the educational or career training
needs of a skilled and technical workforce in
the region to be served;
``(iii) how the eligible consortia will
provide facilities for students to receive
training under such programs developed and
offered by the eligible consortia; and
``(iv) how the eligible consortia will
enhance outreach and recruitment for such
programs developed and offered by the eligible
consortia to populations underrepresented in
STEM.
``(5) Federal share.--The Federal share of the cost of an
effort carried out using a grant or cooperative agreement
awarded under this subsection may not exceed 80 percent--
``(A) where in-kind contributions may be used for
all or part of the non-Federal share, but Federal
funding from other government sources may not count
towards the non-Federal share;
``(B) except in the case of an eligible consortium
that represents all or part of a small and rural or
other underserved community, the Federal share may be
up to 90 percent of the total cost, subject to
subparagraph (A); and
``(C) except in the case of an eligible consortium
that is led by a Tribal government, the Federal share
may be up to 100 percent of the total cost of the
project.
``(f) Strategy Implementation Grants and Cooperative Agreements.--
``(1) In general.--The Secretary shall use a competitive,
merit-review process to award grants or cooperative agreements
to regional technology and innovation hubs for the
implementation of regional innovation strategies, including
regional strategies for infrastructure and site development, in
support of the regional innovation and technology and
innovation hub's plans and programs. The Secretary should
determine the size and number of awards based on appropriations
available to ensure the success of regional technology and
innovation hubs as outlined in subsection (h).
``(2) Use of funds.--Grants or cooperative agreements
awarded under paragraph (1) to a regional technology and
innovation hub may be used by the regional technology and
innovation hub to support any of the following activities,
consistent with the most current regional innovation strategy
of the regional technology and innovation hub, which may have
been developed with or without financial assistance received
under subsection (e) of this section:
``(A) Workforce development activities.--Workforce
development activities including activities relating to
the following:
``(i) The creation of partnerships between
industry, workforce, nonprofit, and educational
institutions, which may include community
colleges, to create and align technical
training and educational programs, including
for a skilled technical workforce.
``(ii) The design, development, and
updating of educational and training curriculum
and programs, including training of trainers,
teachers, or instructors tied to demonstrated
regional skilled and technical workforce needs.
``(iii) The procurement of facilities and
equipment, as required to train a skilled and
technical workforce.
``(iv) The development and execution of
programs, including traineeships and
apprenticeships, to rapidly provide training
and award certificates or credentials
recognized by regional industries or other
organizations.
``(v) The matching of regional employers
with a potential new entrant, underemployed,
underrepresented, reentering, or incumbent
workforce, as well as the securing of
commitments from employers to hire workers who
successfully complete training programs, or who
are awarded certificates or credentials.
``(vi) The expansion of successful training
programs at a scale required by the region
served by the regional technology and
innovation hub, including through the use of
online education and mentoring.
``(vii) The development and expansion of
programs with the goal of increasing the
participation of persons historically
underrepresented in STEM and manufacturing in
the workforce development plans of the regional
technology and innovation hub.
``(viii) The provision of support services
for attendees of training programs developed,
updated, or expanded pursuant to this
subsection, including career counseling.
``(ix) The implementation of outreach and
recruitment for training programs developed,
updated, or expanded pursuant to this
subsection, particularly at local educational
institutions, including high schools and
community colleges.
``(B) Business and entrepreneur development
activities.--Business and entrepreneur development
activities, including activities relating to the
following:
``(i) The development and growth of local
and regional businesses and the training of
entrepreneurs, which may include support for
the expansion of employee owned businesses and
cooperatives.
``(ii) The support of technology
commercialization, including funding for
activities relevant to the protection of
intellectual property and for advancing
potential ventures such as acceleration,
incubation, early-stage production and other
relevant programming.
``(iii) The development of local and
regional capital networks and consortia to
attract necessary private funding to businesses
and entrepreneurs in the region.
``(iv) The development of local and
regional networks for business and entrepreneur
mentorship.
``(C) Technology development and maturation
activities.--Technology maturation activities,
including activities relating to the following:
``(i) The development and deployment of
technologies in sectors critical to the region
served by the regional technology and
innovation hub or to national and economic
security, including industry-university
research cooperation, proof of concept,
prototype development, testing, and scale-up
for manufacturing.
``(ii) The development of programming to
support the creation and transfer of
intellectual property into private use, such as
through startup creation.
``(iii) The provision of facilities for
technology maturation, including incubators and
production testbeds for collaborative
development of technologies by private sector,
academic, nonprofit, and other entities.
``(iv) Activities to provide or ensure
access to capital for new business and business
expansion, including by attracting new private,
public, and philanthropic investment and by
establishing local and regional venture and
loan funds, community development financial
institutions, and minority depository
institutions.
``(D) Infrastructure-related activities.--The
building of facilities and site connectivity
infrastructure necessary to carry out activities
described in subparagraphs (A), (B), and (C), including
activities relating to the following:
``(i) Establishing a center with required
tools and instrumentation for workforce
development.
``(ii) Establishing a facility for
technology development, demonstration, and
testing.
``(iii) Establishing collaborative
incubators to support technology
commercialization and entrepreneur training.
``(3) Term.--
``(A) Initial performance period.--The term of an
initial grant or cooperative agreement awarded under
this subsection shall be for a period that the
Secretary deems appropriate for the proposed activities
but not less than 2 years.
``(B) Subsequent performance period.--The Secretary
may renew a grant or cooperative agreement awarded to a
regional technology and innovation hub under paragraph
(1) for such period as the Secretary considers
appropriate, if the Secretary determines that the
regional technology and innovation hub has made
satisfactory progress towards the metrics agreed to
under subsection (j).
``(C) Flexible approach.--In renewing a grant or
cooperative agreement under subparagraph (B), the
Secretary and the eligible consortium may agree to new
or additional uses of funds in order to meet changes in
the needs of the region.
``(4) Limitation on amount of awards.--
``(A) Initial performance period.--The amount of an
initial grant or cooperative agreements awarded to a
regional technology and innovation hub under paragraph
(3)(A) shall be no more than $150,000,000.
``(B) Subsequent performance period.--Upon renewal
of a grant or cooperative agreement under paragraph
(3)(B), the Secretary may award funding in the amount
that the Secretary considers appropriate, ensuring that
no single regional technology and innovation hub
receives more than 10 percent of the aggregate amount
of the grants and cooperative agreements awarded under
this subsection.
``(5) Matching required.--
``(A) Initial performance period.--Except in the
case of a regional technology and innovation hub
described in subparagraph (C), the total amount of all
grants awarded to a regional technology and innovation
hub under this subsection in phase one shall not exceed
90 percent of the total operating costs of the regional
technology and innovation hub during the initial
performance period.
``(B) Subsequent performance period.--Except in the
case of a regional technology and innovation hub
described in subparagraph (C), the total amount of all
grants awarded to a regional technology and innovation
hub in subsequent performance periods shall not exceed
75 percent of the total operating costs of the regional
technology and innovation hub in each year of the grant
or cooperative agreement.
``(C) Small and rural communities, underserved
communities, and indian tribes.--
``(i) In general.--The total Federal
financial assistance awarded in a given year to
a regional technology and innovation hub under
this subsection shall not exceed amounts as
follows:
``(I) In the case of a regional
technology and innovation hub that
primarily serves a small and rural
community or other underserved
community, in a fiscal year, 90 percent
of the total funding of the regional
technology and innovation hub in that
fiscal year.
``(II) In the case of a regional
technology and innovation hub that is
led by a Tribal government, in a fiscal
year, 100 percent of the total funding
of the regional technology and
innovation hub in that fiscal year.
``(ii) Minimum threshold of rural
representation.--For purposes of clause (i)(I),
the Secretary shall establish a minimum
threshold of rural representation in the
regional technology and innovation hub.
``(D) In-kind contributions.--For purposes of this
paragraph, in-kind contributions may be used for part
of the non-Federal share of the total funding of a
regional technology and innovation hub in a fiscal
year.
``(6) Grants for infrastructure.--Any grant or cooperative
agreement awarded under this subsection to support the
construction of facilities and site connectivity infrastructure
shall be awarded pursuant to section 201 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3141) and
subject to the provisions of such Act, except that subsection
(b) of such section and sections 204 and 301 of such Act (42
U.S.C. 3144; 3161) shall not apply.
``(7) Relation to certain grant awards.--The Secretary
shall not require a regional technology and innovation hub to
receive a grant or cooperative agreement under subsection (e)
in order to receive a grant or cooperative agreement under this
subsection.
``(g) Applications.--An eligible consortium seeking designation as
a regional technology and innovation hub under subsection (d) or a
grant or cooperative agreement under subsection (e) or (f) shall submit
to the Secretary an application therefore at such time, in such manner,
and containing such information as the Secretary may specify.
``(h) Considerations for Designation and Award of Strategy
Implementation Grants and Cooperative Agreements.--In selecting an
eligible consortium that submitted an application under subsection (g)
for designation under subsection (d) or for a grant or cooperative
agreement under subsection (f), the Secretary shall consider the
following:
``(1) The potential of the eligible consortium to advance
the research, development, deployment, and domestic
manufacturing of technologies in a key technology focus area,
as described in section 10387 of the Research and Development,
Competition, and Innovation Act or other technology or
innovation sector critical to national security and economic
competitiveness.
``(2) The likelihood of positive regional economic effect,
including increasing the number of high wage domestic jobs,
creating new economic opportunities for economically
disadvantaged and underrepresented populations, and building
and retaining wealth in the region.
``(3) How the eligible consortium plans to integrate with
and leverage the resources of 1 or more federally funded
research and development centers, National Laboratories,
Federal laboratories, Manufacturing USA institutes, Hollings
Manufacturing Extension Partnership centers, regional
innovation engines or translation accelerators established
under sections 10388 and 10389 of the Research and Development,
Competition, and Innovation Act, test beds established and
operated under section 10390 of such Act, or other Federal
entities.
``(4) How the eligible consortium will engage with the
private sector, including small- and medium-sized businesses
and cooperatives, and employee-owned businesses and
cooperatives, to commercialize new technologies and improve the
resiliency and sustainability of domestic supply chains in a
key technology focus area, or other technology or innovation
sector critical to national security and economic
competitiveness.
``(5) How the eligible consortium will carry out workforce
development and skills acquisition programming, including
through partnerships with entities that include State and local
workforce development boards, institutions of higher education,
including community colleges, historically Black colleges and
universities, Tribal Colleges or Universities, and minority-
serving institutions, labor organizations, nonprofit
organizations, workforce development programs, and other
related activities authorized by the Secretary, to support the
development of a skilled technical workforce for the regional
technology and innovation hub, including key technology focus
area or other technology or innovation sector critical to
national security and economic competitiveness.
``(6) How the eligible consortium will improve or expand
science, technology, engineering, and mathematics education
programs and opportunities in the identified region in
elementary and secondary school and higher education
institutions located in the identified region to support the
development of a key technology focus area or other technology
or innovation sector critical to national security and economic
competitiveness.
``(7) How the eligible consortium plans to develop
partnerships with venture development organizations, community
development financial institutions and minority depository
institutions, and sources of private investment in support of
private sector activity, including launching new or expanding
existing companies in a key technology focus area or other
technology or innovation sector critical to national security
and economic competitiveness.
``(8) How the eligible consortium plans to organize the
activities of regional partners across sectors in support of a
regional technology and innovation hub.
``(9) How the eligible consortium considers opportunities
to support local and regional businesses through procurement,
including from minority-owned and women-owned businesses.
``(10) How the eligible consortium will ensure that growth
in technology, innovation, and advanced manufacturing sectors
produces opportunity across the identified region and for
economically disadvantaged, minority, underrepresented and
rural populations, including, as appropriate, consideration of
how the eligible consortium takes into account the relevant
impact of existing regional status and plans or may affect
regional goals for affordable housing availability, local and
regional transportation, high-speed internet access, and
primary and secondary education.
``(11) How well the region's education institutions align
their activities, including research, educational programs,
training, with the proposed areas of focus.
``(12) The likelihood efforts served by the consortium will
be sustained once Federal support ends.
``(13) How the eligible consortium will, as appropriate--
``(A) enhance the economic, environmental, and
energy security of the United States by promoting
domestic development, manufacture, and deployment of
innovative clean technologies and advanced
manufacturing practices; and
``(B) support translational research, technology
development, manufacturing innovation, and
commercialization activities relating to clean
technology.
``(i) Coordination and Collaboration.--
``(1) Coordination with regional innovation program.--The
Secretary shall ensure the activities under this section do not
duplicate activities or efforts under section 27.
``(2) Coordination among hubs.--The Secretary shall ensure
eligible consortia that receive a grant or cooperative
agreement under this section coordinate and share best
practices for regional economic development.
``(3) Coordination with programs of the national institute
of standards and technology.--The Secretary shall coordinate
the activities of regional technology and innovation hubs
designated under this section, the Hollings Manufacturing
Extension Partnership, and the Manufacturing USA Program, as
the Secretary considers appropriate, to maintain the
effectiveness of a manufacturing extension center or a
Manufacturing USA institute.
``(4) Coordination with department of energy programs.--The
Secretary shall, in collaboration with the Secretary of Energy,
coordinate the activities and selection of regional technology
and innovation hubs designated under this section, as the
Secretaries consider appropriate, to maintain the effectiveness
of activities at the Department of Energy and the National
Laboratories.
``(5) Interagency collaboration.--In designating regional
technology and innovation hubs under subsection (d) and
awarding grants or cooperative agreements under subsection (f),
the Secretary--
``(A) shall collaborate with Federal departments
and agencies whose missions contribute to the goals of
the regional technology and innovation hub;
``(B) shall consult with the Director of the
National Science Foundation for the purpose of ensuring
that the regional technology and innovation hubs are
aligned with relevant science, technology, and
engineering expertise; and
``(C) may accept funds from other Federal agencies
to support grants, cooperative agreements, and
activities under this section.
``(j) Performance Measurement, Transparency, and Accountability.--
``(1) Metrics, standards, and assessment.--For each grant
and cooperative agreement awarded under subsection (f) for a
regional technology and innovation hub, the Secretary shall--
``(A) in consultation with the regional technology
and innovation hub, develop metrics, which may include
metrics relating to domestic job creation, patent
awards, increases in research funding, business
formation and expansion, and participation of
individuals or communities historically
underrepresented in STEM, to assess the effectiveness
of the activities funded in making progress toward the
purposes set forth under subsection (b)(1);
``(B) establish standards for the performance of
the regional technology and innovation hub that are
based on the metrics developed under subparagraph (A);
and
``(C) prior to any award made under a subsequent
performance period in subsection (f) and every 2 years
thereafter until Federal financial assistance under
this section for the regional technology and innovation
hub is discontinued, conduct an assessment of the
regional technology and innovation hub to confirm
whether the performance of the regional technology and
innovation hub is meeting the standards for performance
established under subparagraph (B) of this paragraph.
``(2) Final reports by recipients of strategy
implementation grants and cooperative agreements.--
``(A) In general.--The Secretary shall require each
eligible consortium that receives a grant or
cooperative agreement under subsection (f) for
activities of a regional technology and innovation hub,
as a condition of receipt of such grant or cooperative
agreement, to submit to the Secretary, not later than
120 days after the last day of the term of the grant or
cooperative agreement, a report on the activities of
the regional technology and innovation hub supported by
the grant or cooperative agreement.
``(B) Contents of report.--Each report submitted by
an eligible consortium under subparagraph (A) shall
include the following:
``(i) A detailed description of the
activities carried out by the regional
technology and innovation hub using the grant
or cooperative agreement described in
subparagraph (A), including the following:
``(I) A description of each project
the regional technology and innovation
hub completed using such grant or
cooperative agreement.
``(II) An explanation of how each
project described in subclause (I)
achieves a specific goal under this
section in the region of the regional
technology and innovation hub with
respect to--
``(aa) the resiliency and
sustainability of a supply
chain;
``(bb) research,
development, and deployment of
a critical technology;
``(cc) workforce training
and development;
``(dd) domestic job
creation;
``(ee) entrepreneurship and
company formation;
``(ff) commercialization;
``(gg) access to private
capital; or
``(hh) participation of
individuals or communities
historically underrepresented
in STEM.
``(ii) A discussion of any obstacles
encountered by the regional technology and
innovation hub in the implementation of the
regional technology and innovation hub and how
the regional technology and innovation hub
overcame those obstacles.
``(iii) An evaluation of the success of the
projects of the regional technology and
innovation hub using the performance standards
and measures established under paragraph (1),
including an evaluation of the planning process
and how the project contributes to carrying out
the regional innovation strategy of the
regional technology and innovation hub.
``(iv) The effectiveness of the regional
technology and innovation hub in ensuring that,
in the region of the regional technology and
innovation hub, growth in technology and
innovation sectors produces broadly shared
opportunity across the region, including for
economic disadvantaged and underrepresented
populations and rural areas.
``(v) Information regarding such other
matters as the Secretary may require.
``(3) Interim reports by recipients of grants and
cooperative agreements.--In addition to requiring submittal of
final reports under paragraph (2)(A), the Secretary may require
a regional technology and innovation hub described in such
paragraph to submit to the Secretary such interim reports as
the Secretary considers appropriate.
``(4) Annual reports to congress.--Not less frequently than
once each year, the Secretary shall submit to the appropriate
committees of Congress an annual report on the results of the
assessments conducted by the Secretary under paragraph (1)(C)
during the period covered by the report.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary--
``(1) $50,000,000 to award grants and cooperative
agreements under subsection (e) for the period of fiscal years
2023 through 2027;
``(2) $2,950,000,000 to award grants and cooperative
agreements under subsection (f) for the period of fiscal years
2023 and 2024; and
``(3) $7,000,000,000 to award grants and cooperative
agreements under subsection (f) for the period of fiscal years
2025 through 2027.
``(l) Administration.--The Secretary may use funds made available
to carry out this section for administrative costs under this section.
``SEC. 29. DISTRESSED AREA RECOMPETE PILOT PROGRAM.
``(a) In General.--Within the program authorized under section 28,
the Secretary is authorized to establish a pilot program, to be known
as the `Recompete Pilot Program', to provide grants to eligible
recipients representing eligible areas or Tribal lands to alleviate
persistent economic distress and support long-term comprehensive
economic development and job creation in eligible areas.
``(b) Strategy Development Grants and Cooperative Agreements.--
Subject to available appropriations, the Secretary is authorized, on
the application of an eligible recipient, to award up to one half of
the number of grants under subsection (e) of section 28 to eligible
recipients to develop a recompete plan and carry out related
predevelopment activities.
``(c) Strategy Implementation Grants and Cooperative Agreements.--
Subject to available appropriations and subsection (f) , the Secretary
shall award, on the application of an eligible recipient, at least ten
strategy implementation grants, in accordance with a recompete plan
review and approved by the Secretary, to carry out coordinated and
comprehensive economic development programs and activities in an
eligible area, consistent with a recompete plan approved by the
Secretary. Such activities may include--
``(1) workforce development activities of the kind
described in section 28(f) or other job training and workforce
outreach programs oriented to local employer needs, such as--
``(A) customized job training programs carried out
by local community colleges and other training or
educational organizations in partnership with local
businesses;
``(B) workforce outreach programs located in, and
targeted to, lower-income and underemployed
neighborhoods; and
``(C) programs to embed job placement and training
services in neighborhood institutions such as churches,
housing projects, and community advocacy programs; and
``(D) job retention programs and activities, such
as the provision of career coaches;
``(2) business and entrepreneur development activities of
the kind described in section 28(f), technology development and
maturation activities of the kind described in such section, or
the provision of business advice and assistance to small and
medium-sized local businesses and entrepreneurs. Such advice
and assistance may include--
``(A) manufacturing extension services;
``(B) small business development centers;
``(C) centers to help businesses bid for Federal
procurement contracts;
``(D) entrepreneurial assistance programs that link
entrepreneurs with available public and private
resources;
``(E) legal advice and resources; and
``(F) assistance in accessing capital;
``(3) infrastructure related activities of the kind
described in section 28(f) or other land and site development
programs, such as brownfield redevelopment, research and
technology parks, business incubators, business corridor
development, and other infrastructure activities related to
supporting job creation and employment for residents, subject
to the requirements of section 28(f)(6); and
``(4) additional planning, predevelopment, technical
assistance, and other administrative activities as may be
necessary for the ongoing implementation, administration, and
operation of the programs and activities carried out with a
grant or cooperative agreement under this section, including
but not limited to economic development planning and
evaluation.
``(d) Term.--
``(1) Initial performance period.--The term of an initial
grant or cooperative agreement awarded under subsection (c)
shall be for a period that the Secretary deems appropriate for
the proposed activities but not less than 2 years.
``(2) Subsequent performance period.--The Secretary may
renew a grant or cooperative agreement awarded under subsection
(c) for such period, such amount, and such terms as the
Secretary considers appropriate, if the Secretary determines
that the recipient of an award under subsection (c) has made
satisfactory progress towards metrics or benchmarking
requirements established by the Secretary at time of award.
``(3) Flexible approach.--In renewing a grant or
cooperative agreement under subsection (c), the Secretary may
approve new or additional uses of funds, consistent with the
uses described in subsection (c), to meet changes in the needs
of the region.
``(e) Limitations.--
``(1) Limitation on eligible areas.--An eligible area may
not benefit from more than 1 grant or cooperative agreement
described in subsection (b) and 1 grant or cooperative
agreement described in subsection (c), provided that a renewal
described in subsection (d)(2) shall not constitute an
additional grant.
``(2) Limitation on recipients.--For purposes of the
program under this section, an eligible recipient may not
receive multiple grants described in subsection (c) on behalf
of more than 1 eligible area.
``(f) Award Amount.--
``(1) In general.--In determining the amount of a grant
that an eligible recipient may be awarded under subsection (c),
the Secretary shall--
``(A) take into consideration the proposed
activities and projected expenditures outlined in an
approved recompete plan; and
``(B) award not more than the product obtained by
multiplying--
``(i) the prime-age employment gap of the
eligible area;
``(ii) the prime-age population of the
eligible area; and
``(iii) either--
``(I) $70,585 for local labor
markets; or
``(II) $53,600 for local
communities.
``(2) Minimum amount.--The Secretary may not make an award
that is less than $20,000,000 to an eligible recipient.
``(g) Applications.--To be considered for a grant or cooperative
agreement under--
``(1) subsection (b) of this section, an eligible recipient
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
determines to be appropriate; and
``(2) subsection (c) of this section, an eligible recipient
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
determines to be appropriate, including a recompete plan
approved by the Secretary.
``(h) Relation to Certain Grant Awards.--The Secretary shall not
require an eligible recipient to receive a grant or cooperative
agreement under subsection (b) in order to receive a grant or
cooperative agreement under subsection (c).
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $1,000,000,000 to award grants and
cooperative agreements under subsection (c) of this section, for the
period of fiscal years 2022 through 2026.
``(j) Definitions.--In this section:
``(1) Eligible area.--The term `eligible area' means either
of the following:
``(A) A local labor market that--
``(i) has a prime-age employment gap equal
to not less than 2.5 percent; and
``(ii) meets additional criteria as the
Secretary may establish.
``(B) A local community that--
``(i) has a prime-age employment gap equal
to not less than 5 percent;
``(ii) is not located within an eligible
local labor market that meets the criteria
described in subparagraph (A);
``(iii) has a median annual household
income of not more than $75,000; and
``(iv) meets additional criteria as the
Secretary may establish.
``(2) Eligible recipient.--The term `eligible recipient'
means a specified entity that has been authorized in a manner
as determined by the Secretary to represent and act on behalf
of an eligible area for the purposes of this section.
``(3) Local labor market.--The term `local labor market'
means any of the following areas that contains 1 or more
specified entities described in subparagraphs (A) through (D)
of paragraph (6):
``(A) A metropolitan statistical area or
micropolitan statistical area, excluding any area
described in subparagraph (C).
``(B) A commuting zone, excluding any areas
described in subparagraphs (A) and (C).
``(C) The Tribal land with a Tribal prime-age
population represented by a Tribal government.
``(4) Local community.--The term `local community' means
the area served by a general-purpose unit of local government
that is located within, but does not cover the entire area of,
a local labor market that does not meet the criteria described
in paragraph (1)(A).
``(5) Prime-age employment gap.--
``(A) In general.--The term `prime-age employment
gap' means the difference (expressed as a percentage)
between--
``(i) the national 5-year average prime-age
employment rate; and
``(ii) the 5-year average prime-age
employment rate of the eligible area.
``(B) Calculation.--For the purposes of
subparagraph (A), an individual is prime-age if such
individual between the ages of 25 years and 54 years.
``(6) Recompete plan.--The term `recompete plan' means a
comprehensive multiyear economic development plan that--
``(A) includes--
``(i) proposed programs and activities to
be carried out with a grant awarded under
subsection (c) to address the economic
challenges of the eligible area in a
comprehensive manner that promotes long-term,
sustained economic growth, lasting job
creation, per capita wage increases, and
reduction in the prime-age employment gap of
the eligible area;
``(ii) projected costs and annual
expenditures and proposed disbursement
schedule;
``(iii) the roles and responsibilities of
specified entities that may receive grant funds
awarded under subsection (c); and
``(iv) other information as the Secretary
determines appropriate;
``(B) is submitted to the Secretary for approval
for an eligible recipient to be considered for a grant
described in subsection (c); and
``(C) may be modified over the term of the grant by
the eligible recipient, subject to the approval of the
Secretary or at the direction of the Secretary, if the
Secretary determines benchmarking requirements are
repeatedly not met or if other circumstances
necessitate a modification.
``(7) Specified entity.--The term `specified entity'
means--
``(A) a unit of local government;
``(B) the District of Columbia;
``(C) a territory of the United States;
``(D) a Tribal government;
``(E) political subdivision of a State or other
entity, including a special-purpose entity engaged in
economic development activities;
``(F) a public entity or nonprofit organization,
acting in cooperation with the officials of a political
subdivision of a State or other entity described in
subparagraph (E);
``(G) an economic development district (as defined
in section 3 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3122); and
``(H) a consortium of any of the specified entities
described in this paragraph which serve or are
contained within the same eligible area.
``(8) Tribal land.--The term `Tribal land' means any land--
``(A) located within the boundaries of an Indian
reservation, pueblo, or rancheria; or
``(B) not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to
which is held--
``(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
``(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community.
``(9) Tribal prime-age population.--
``(A) In general.--The term `Tribal prime-age
population' shall be equal to the sum obtained by
adding--
``(i) the product obtained by multiplying--
``(I) the total number of
individuals ages 25 through 54 residing
on the Tribal land of the Tribal
government; and
``(II) 0.65; and
``(ii) the product obtained by
multiplying--
``(I) the total number of
individuals ages 25 through 54 included
on the membership roll of the Tribal
government; and
``(II) 0.35
``(B) Use of data.--A calculation under
subparagraph (A) shall be determined based on data
provided by the applicable Tribal government to the
Department of the Treasury under the Coronavirus State
and Local Fiscal Recovery Fund programs under title VI
of the Social Security Act (42 U.S.C. 801 et seq.).''.
(b) Initial Designations and Awards.--
(1) Competition required.--Not later than 1 year after the
date of the enactment of this Act, subject to the availability
of appropriations, the Secretary of Commerce shall commence a
competition under subsection (d)(1) of section 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (as added by
this section).
(2) Designation and award.--Not later than 18 months after
the date of the enactment of this Act, if the Secretary has
received at least 1 application under subsection (g) of section
28 of the Stevenson-Wydler Technology Innovation Act of 1980
(as added by this section) from an eligible consortium which
the Secretary considers suitable for designation under
subsection (d)(1) of such section 28, the Secretary shall--
(A) designate at least 1 regional technology and
innovation hub under subsection (d)(1) of such section
28; and
(B) award a grant or cooperative agreement under
subsection (f)(1) of such section 28 to each regional
technology and innovation hub designated pursuant to
subparagraph (A) of this paragraph.
(c) Distressed Area Designation and Award.--Not later than 18
months after the date of the enactment of this section, subject to the
availability of appropriations, if the Secretary has received
applications under section 29 of the Stevenson-Wydler Technology
Innovation Act of 1980 (as added by this section) from an eligible
recipient which the Secretary considers suitable for award under such
section 29, the Secretary shall award grants or cooperative agreement
under subsections (b) and (c) of such section 29 to one or more
eligible recipients.
SEC. 10622. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
Subtitle C of title IX of the Energy Independence and Security Act
of 2007 is amended by adding at the end the following:
``SEC. 936. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Regional clean energy innovation partnership.--The
term `regional clean energy innovation partnership' means a
group of one or more persons, including a covered consortium,
who perform a collection of activities that are coordinated by
such covered consortium to carry out the purposes of the
program under subsection (c) in a region of the United States.
``(2) Covered consortium.--The term `covered consortium'
means an individual or group of individuals in partnership with
a government entity, including a State, territorial, local, or
tribal government or unit of such government, and at least 2 or
more of the following additional entities--
``(A) an institution of higher education or a
consortium of institutions of higher education,
including community colleges;
``(B) a workforce development program;
``(C) a private sector entity or group of entities,
including a trade or industry association;
``(D) a nonprofit organization;
``(E) a community group or community-based
organization;
``(F) a labor organization or joint labor-
management organization;
``(G) a National Laboratory;
``(H) a venture development organization;
``(I) a community development financial institution
or minority depository institution;
``(J) a worker cooperative membership association
or state or local employee ownership or cooperative
development center;
``(K) an organization focused on clean energy
technology innovation or entrepreneurship;
``(L) a business or clean energy accelerator or
incubator;
``(M) an economic development organization;
``(N) a manufacturing facility or organization;
``(O) a multi-institutional collaboration; or
``(P) any other entity that the Secretary
determines to be relevant.
``(3) Program.--The term `program' means the Regional Clean
Energy Innovation Program authorized in subsection (b).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 or 102(a)(1)(B) of the Higher Education Act
of 1965, as amended (20 U.S.C. 1001, 1002(a)(1)(B)).
``(5) National laboratory.--The term `National Laboratory'
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 2 U.S.C. 15801).
``(6) Clean energy technology.--The term `clean energy
technology' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse gas
emissions, reduces emissions of other pollutants, or mitigates
other negative environmental consequences of energy production,
transmission or use.
``(7) Community-based organization.--The term `community-
based organization' has the meaning given the term in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(8) Community college.--The term `community college'
means--
``(A) a public institution of higher education,
including additional locations, at which the highest
degree, or the predominantly awarded degree, is an
associate degree; or
``(B) any Tribal college or university (as defined
in section 316 of the Higher Education Act of 1965 (20
U.S.C. 1059c)).
``(9) Workforce development program.--The term `workforce
development program' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(b) In General.--The Secretary shall establish a Regional Clean
Energy Innovation Program, a research, development, demonstration, and
commercial application program designed to enhance the economic,
environmental, and energy security of the United States and accelerate
the pace of innovation of diverse clean energy technologies through the
formation or support of regional clean energy innovation partnerships.
``(c) Purposes of the Program.--The purposes of the Program
established under subsection (b) are to--
``(1) improve the competitiveness of United States' clean
energy technology research, development, demonstration, and
commercial application; and
``(2) support the development of tools and technologies
best suited for use in diverse regions of the United States,
including in rural, tribal, and low-income communities.
``(d) Regional Clean Energy Innovation Partnerships.--
``(1) In general.--The Secretary shall competitively award
grants to covered consortia to establish or support regional
clean energy innovation partnerships that achieve the purposes
of the Program in subsection (c).
``(2) Permissible activities.--Grants awarded under this
subsection shall be used for activities determined appropriate
by the Secretary to achieve the purposes of the Program in
subsection (c), including--
``(A) facilitating the commercial application of
clean energy products, processes, and services,
including through research, development, demonstration,
or technology transfer;
``(B) planning among participants of a regional
clean energy innovation partnership to improve the
strategic and cost-effective coordination of the
partnership;
``(C) improving stakeholder involvement in the
development of goals and activities of a regional clean
energy innovation partnership;
``(D) assessing different incentive mechanisms for
clean energy development and commercial application in
the region;
``(E) hosting events and conferences; and
``(F) establishing and updating roadmaps to measure
progress on relevant goals, such as those relevant to
metrics developed under subsection (g).
``(3) Applications.--Each application submitted to the
Secretary under paragraph (1) may include--
``(A) a list of members and roles of members of the
covered consortia, as well as any other stakeholders
supporting the activities of the regional clean energy
innovation partnership;
``(B) an assessment of the relevant clean energy
innovation assets needed in a region to achieve
proposed outcomes, such as education and workforce
development programs, research facilities,
infrastructure or site development, access to capital,
manufacturing capabilities, or other assets;
``(C) a description of proposed activities that the
regional clean energy innovation partnership plans to
undertake and how the proposed activities will achieve
the purposes described in subsection (c);
``(D) a plan for attracting additional funds and
identification of funding sources from non-Federal
sources to deliver the proposed outcomes of the
regional clean energy innovation partnership;
``(E) a plan for partnering and collaborating with
community development financial institutions and
minority depository institutions, labor organizations
and community groups, worker cooperative membership
associations, local and state employee ownership and
cooperative development centers, and other local
institutions in order to promote employee, community,
and public ownership in the clean energy sector, and
advance models of local economic development that build
and retain wealth in the region;
``(F) a plan for sustaining activities of the
regional clean energy innovation partnership after
funds received under this program have been expended;
and
``(G) a proposed budget, including financial
contributions from non-Federal sources.
``(4) Considerations.--In selecting covered consortia for
funding under the Program, the Secretary shall, to the maximum
extent practicable--
``(A) give special consideration to applications
from rural, tribal, and low-income communities; and
``(B) ensure that there is geographic diversity
among the covered consortia selected to receive
funding.
``(5) Award amount.--Grants given out under this Program
shall be in an amount not greater than $10,000,000, with the
total grant award in any year less than that in the previous
year.
``(6) Cost share.--For grants that are disbursed over the
course of three or more years, the Secretary shall require, as
a condition of receipt of funds under this section, that a
covered consortium provide not less than 50 percent of the
funding for the activities of the regional clean energy
partnership under this section for years 3, 4, and 5.
``(7) Duration.--Each grant under paragraph shall be for a
period of not longer than 5 years.
``(8) Renewal.--A grant awarded under this section may be
renewed for a period of not more than 5 years, subject to a
rigorous merit review based on the progress of a regional clean
energy innovation partnership towards achieving the purposes of
the program in subsection (c) and the metrics developed under
subsection (g).
``(9) Termination.--Consistent with the existing
authorities of the Department, the Secretary may terminate
grant funding under this subsection to covered consortia during
the performance period if the Secretary determines that the
regional clean energy innovation partnership is
underperforming.
``(10) Administrative costs.--The Secretary may allow a
covered consortium that receives funds under this section to
allocate a portion of the funding received to be used for
administrative or indirect costs.
``(11) Funding.--The Secretary may accept funds from other
Federal agencies to support funding and activities under this
section.
``(e) Planning Funds.--The Secretary may competitively award grants
in an amount no greater than $2,000,000 for a period not longer than 2
years to an entity consisting of a government entity, including a
State, territorial, local, or tribal government or unit of such
government or any entity listed under subsection (a)(2) to plan a
regional clean energy innovation partnership or establish a covered
consortium for the purpose of applying for funds under subsection (b).
``(f) Information Sharing.--As part of the program, the Secretary
shall support the gathering, analysis, and dissemination of information
on best practices for developing and operating successful regional
clean energy innovation partnerships.
``(g) Metrics.--In evaluating a grant renewal under subsection
(d)(8), the Secretary shall work with program evaluation experts to
develop and make publicly available metrics to assess the progress of a
regional clean energy innovation partnership towards achieving the
purposes of the program in subsection (c).
``(h) Coordination.--In carrying out the program, the Secretary
shall coordinate with, and avoid unnecessary duplication of, the
activities carried out under this section with the activities of other
research entities of the Department or relevant programs at other
Federal agencies.
``(i) Conflicts of Interest.--In carrying out the program, the
Secretary shall maintain conflict of interest procedures, consistent
with the conflict of interest procedures of the Department.
``(j) Evaluation by Comptroller General.--Not later than 3 years
after the date of the enactment of the Research and Development,
Competition, and Innovation Act, and again 3 years later, the
Comptroller General shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate an evaluation on the
operation of the program during the most recent 3-year period,
including--
``(1) an assessment of the progress made towards achieving
the purposes specified in subsection (c) based on the metrics
developed under subsection (g);
``(2) the short-term and long-term metrics used to
determine the success of the program under subsection (g), and
any changes recommended to the metrics used;
``(3) the regional clean energy innovation partnerships
established or supported by covered consortia that have
received grants under subsection (d); and
``(4) any recommendations on how the program may be
improved.
``(k) National Laboratories.--In supporting technology transfer
activities at the National Laboratories, the Secretary shall encourage
partnerships with entities that are located in the same region or State
as the National Laboratory.
``(l) Security.--In carrying out the activities under this section,
the Secretary shall ensure proper security controls are in place to
protect sensitive information, as appropriate.
``(m) No Funds for Construction.--No funds provided to the
Department of Energy under this section shall be used for construction.
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2023 through 2027.''.
Subtitle D--Research Security
SEC. 10631. REQUIREMENTS FOR FOREIGN TALENT RECRUITMENT PROGRAMS.
(a) Purpose.--The purpose of this subtitle is to direct actions to
prohibit participation in any foreign talent recruitment program by
personnel of Federal research agencies and to prohibit participation in
a malign foreign talent recruitment program by covered individuals
involved with research and development awards from those agencies.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy, in coordination with the interagency working group
established under section 1746 of the National Defense Authorization
Act for Fiscal Year 2020 (42 U.S.C. 6601 note; Public Law 116-92),
shall publish and widely distribute a uniform set of guidelines for
Federal research agencies regarding foreign talent recruitment
programs. Such policy guidelines shall--
(1) prohibit all personnel of each Federal research agency,
including Federal employees, contract employees, independent
contractors, individuals serving under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 et seq), Visiting
Scientist, Engineering, and Educator appointments, and special
government employees other than peer reviewers, from
participating in a foreign talent recruitment program;
(2) as part of the requirements under section 223 of the
William (Mac) Thornberry NDAA of Fiscal Year 2021 (10 U.S.C.
6605; Public Law 116-283), require covered individuals to
disclose if such individuals are a party to a foreign talent
recruitment program contract, agreement, or other arrangement;
(3) prohibit research and development awards from being
made for any proposal in which a covered individual is
participating in a malign foreign talent recruitment program;
and
(4) to the extent practicable, require recipient
institutions to prohibit covered individuals participating in
malign foreign talent recruitment programs from working on
projects supported by research and development awards.
(c) Definition of Foreign Talent Recruitment Programs.--As part of
the guidance under subsection (b), the Director of the Office of
Science and Technology Policy shall define and describe the
characteristics of a foreign talent recruitment program.
(d) Implementation.--Not later than one year after the date of the
enactment of this Act, each Federal research agency shall issue a
policy utilizing the guidelines under subsection (b).
(e) Consistency.--The Director of the Office of Science and
Technology Policy shall ensure that the policies issued by the Federal
research agencies under subsection (d) are consistent to the greatest
extent practicable.
SEC. 10632. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM PROHIBITION.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, each Federal research agency shall establish a
policy that, as part of a proposal for a research and development award
from the agency--
(1) each covered individual listed in such proposal certify
that each such individual is not a party to a malign foreign
talent recruitment program in the proposal submission of each
such individual and annually thereafter for the duration of the
award; and
(2) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by such institution of
higher education or other organization has been made aware of
the requirements under this section and complied with the
requirement under paragraph (1).
(b) Stakeholder Input.--In establishing a policy under subsection
(a), Federal research agencies shall publish a description of the
proposed policy in the Federal Register and provide an opportunity for
submission of public comment for a period of not more than 60 days.
(c) Compliance With Existing Law.--Each Federal research agency and
recipient shall comply with title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) in the establishment of policies pursuant to
under subsection (a).
(d) International Collaboration.--Each policy developed under
subsection (a) shall not prohibit, unless such activities are funded,
organized, or managed by an academic institution or a foreign talent
recruitment program on the lists developed under paragraphs (8) and (9)
of section 1286(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232)--
(1) making scholarly presentations and publishing written
materials regarding scientific information not otherwise
controlled under current law;
(2) participation in international conferences or other
international exchanges, research projects or programs that
involve open and reciprocal exchange of scientific information,
and which are aimed at advancing international scientific
understanding and not otherwise controlled under current law;
(3) advising a foreign student enrolled at an institution
of higher education or writing a recommendation for such a
student, at such student's request; and
(4) other international activities determined appropriate
by the Federal research agency head or designee.
(e) Limitation.--The certifications required under subsection (a)
shall not apply retroactively to research and development awards made
or applied for prior to the establishment of the policy by the Federal
research agency.
(f) Training.--Each Federal research agency shall ensure that, as a
requirement of an award from each such agency, recipient institutions
provide training on the risks of malign foreign talent recruitment
programs to covered individuals employed at such institutions,
including those individuals who are participating in activities
described in subsection (d).
SEC. 10633. REVIEW OF CONTRACTS AND AGREEMENTS.
(a) In General.--In addition to existing authorities for preventing
waste, fraud, abuse, and mismanagement of Federal funds, each Federal
research agency shall have the authority to--
(1) require, upon request, the submission to such agency,
by an institution of higher education or other organization
applying for a research and development award, of supporting
documentation, including copies of contracts, grants, or any
other agreement specific to foreign appointments, employment
with a foreign institution, participation in a foreign talent
recruitment program and other information reported as current
and pending support for all covered individuals in a research
and development award application;
(2) require such institution of higher education or other
organization to review any documents requested under paragraph
(1) for compliance with the Federal research agency's award
terms and conditions, including guidance on conflicts of
interest and conflicts of commitment; and
(3) upon receipt and review of the information provided
under paragraph (1) and in consultation with the institution of
higher education or other organization submitting such
information, initiate the substitution or removal of a covered
individual from a research and development award, reduce the
award funding amount, or suspend or terminate the award if the
agency head determines such contracts, grants, or agreements
include obligations that--
(A) interfere with the capacity for agency-
supported activities to be carried out; or
(B) create duplication with agency-supported
activities.
(b) Limitations.--In exercising the authorities under subsection
(a), each Federal research agency shall--
(1) take necessary steps, as practicable, to protect the
privacy of all covered individuals and other parties specified
in the documentation submitted under paragraph (1) of such
subsection;
(2) endeavor to provide justification for requests for
supporting documentation made under such paragraph;
(3) require that allegations be proven by a preponderance
of evidence; and
(4) as practicable, afford subjects an opportunity to
provide comments and rebuttal and an opportunity to appeal
before final administrative action is taken.
SEC. 10634. RESEARCH SECURITY TRAINING REQUIREMENT FOR FEDERAL RESEARCH
AWARD PERSONNEL.
(a) Annual Training Requirement.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, each Federal research agency shall
establish a requirement that, as part of an application for a
research and development award from the agency--
(A) each covered individual listed on the
application for a research and development award
certify that each such individual has completed within
one year of such application research security training
that meets the guidelines developed under subsection
(b); and
(B) each institution of higher education or other
organization applying for such an award certify that
each covered individual who is employed by such
institution or organization and listed on the
application has completed such training.
(2) Consistency.--The Director of the Office of Science and
Technology Policy shall ensure that the training requirements
established by Federal research agencies pursuant to paragraph
(1) are consistent.
(b) Training Guidelines.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council and in accordance with the authority provided under section
1746(a) of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note), shall, taking into
consideration stakeholder input, develop guidelines for institutions of
higher education and other organizations receiving Federal research and
development funds to use in developing their own training programs to
address the unique needs, challenges, and risk profiles of such
institutions and other organizations, including adoption of security
training modules developed under subsection (c), to ensure compliance
with National Security Presidential Memorandum-33 (relating to
strengthening protections of the United States Government-supported
research and development against foreign government interference and
exploitation) or any successor documents.
(c) Security Training Modules.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy, in coordination with the
Director of the National Science Foundation, the Director of
the National Institutes of Health, the Secretary of Energy, and
the Secretary of Defense, and in consultation with the heads of
relevant Federal research agencies, shall enter into an
agreement or contract with a qualified entity for the
development of online research security training modules for
the research community and participants in the United States
research and development enterprise to ensure compliance with
National Security Presidential Memorandum-33 or successor
documents, including modules--
(A) focused on cybersecurity, international
collaboration and international travel, foreign
interference, and rules for proper use of funds,
disclosure, conflict of commitment, and conflict of
interest; and
(B) tailored to the unique needs of--
(i) covered individuals;
(ii) undergraduate students, graduate
students, and postdoctoral researchers; and
(iii) applicants for awards under the SBIR
and STTR programs (as such terms are defined in
section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
(2) Stakeholder input.--Prior to entering into the
agreement under paragraph (1), the Director of the Office of
Science and Technology Policy shall seek input from academic,
private sector, intelligence, and law enforcement stakeholders
regarding the scope and content of security training modules,
including the diversity of needs across institutions of higher
education and other recipients of different sizes and types,
and recommendations for minimizing administrative burden on
recipients and researchers.
(3) Development.--The Director of the Office of Science and
Technology Policy shall ensure that the entity referred to in
paragraph (1)--
(A) develops security training modules that can be
adapted and utilized across Federal research agencies;
and
(B) develops and implements a plan for regularly
updating such modules as needed.
SEC. 10635. RESEARCH FUNDS ACCOUNTING.
(a) Study Period Defined.--In this section the term ``study
period'' means the 5-year period ending on the date of the enactment of
this Act.
(b) Study.--The Comptroller General of the United States shall
conduct a study on Federal funding made available to foreign entities
of concern for research, during the study period.
(c) Matters to Be Included.--The study conducted under subsection
(b) shall include, to the extent practicable with respect to the study
period, an assessment of--
(1) the total amount of Federal funding made available to
foreign entities of concern for research;
(2) the total number and types of foreign entities of
concern to which such funding was made available;
(3) the requirements relating to the awarding, tracking,
and monitoring of such funding;
(4) any other data available with respect to Federal
funding made available to foreign entities of concern for
research; and
(5) such other matters as the Comptroller General of the
United States determines appropriate.
(d) Briefing on Available Data.--Not later than 120 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall brief the Committee on Commerce, Science, and
Transportation, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Foreign Relations of the Senate and the
Committee on Science, Space, and Technology, the Committee on Energy
and Commerce, and the Committee on Foreign Affairs of the House of
Representatives on the study conducted under subsection (b) and the
data that is available with respect to Federal funding made available
to foreign entities of concern for research.
(e) Report.--The Comptroller General of the United States shall
submit to the congressional committees specified in subsection (d), by
a date agreed upon by the Comptroller General and the committees on the
date of the briefing under such subsection, a report on the findings of
the study conducted under subsection (b).
SEC. 10636. PERSON OR ENTITY OF CONCERN PROHIBITION.
No person published on the list under section 1237(b) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 1701 note) or entity identified under
section 1260h of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law
116-283) may receive or participate in any grant, award, program,
support, or other activity under--
(1) the Directorate established in subtitle G of title III
of this division;
(2) section 28(b)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added by
section 10621; or
(3) the Manufacturing USA Program, as improved and expanded
under subtitle E of title II of this division.
SEC. 10637. NONDISCRIMINATION.
In carrying out requirements under this subtitle, each Federal
research agency shall ensure that policies and activities developed and
implemented pursuant to this subtitle are carried out in a manner that
does not target, stigmatize, or discriminate against individuals on the
basis of race, ethnicity, or national origin, consistent with title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
SEC. 10638. DEFINITIONS.
In this subtitle:
(1) Covered individual.--The term ``covered individual''
means an individual who--
(A) contributes in a substantive, meaningful way to
the scientific development or execution of a research
and development project proposed to be carried out with
a research and development award from a Federal
research agency; and
(B) is designated as a covered individual by the
Federal research agency concerned.
(2) Foreign country of concern.--The term ``foreign country
of concern'' means the People's Republic of China, the
Democratic People's Republic of Korea, the Russian Federation,
the Islamic Republic of Iran, or any other country determined
to be a country of concern by the Secretary of State.
(3) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as such term is
defined in section 4872 of title 10, United States
Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States
Code (commonly known as the Espionage Act);
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the Economic Espionage
Act of 1996);
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the
Director of National Intelligence, to be engaged in
unauthorized conduct that is detrimental to the
national security or foreign policy of the United
States.
(4) Malign foreign talent recruitment program.--The term
``malign foreign talent recruitment program'' means--
(A) any program, position, or activity that
includes compensation in the form of cash, in-kind
compensation, including research funding, promised
future compensation, complimentary foreign travel,
things of non de minimis value, honorific titles,
career advancement opportunities, or other types of
remuneration or consideration directly provided by a
foreign country at any level (national, provincial, or
local) or their designee, or an entity based in, funded
by, or affiliated with a foreign country, whether or
not directly sponsored by the foreign country, to the
targeted individual, whether directly or indirectly
stated in the arrangement, contract, or other
documentation at issue, in exchange for the
individual--
(i) engaging in the unauthorized transfer
of intellectual property, materials, data
products, or other nonpublic information owned
by a United States entity or developed with a
Federal research and development award to the
government of a foreign country or an entity
based in, funded by, or affiliated with a
foreign country regardless of whether that
government or entity provided support for the
development of the intellectual property,
materials, or data products;
(ii) being required to recruit trainees or
researchers to enroll in such program,
position, or activity;
(iii) establishing a laboratory or company,
accepting a faculty position, or undertaking
any other employment or appointment in a
foreign country or with an entity based in,
funded by, or affiliated with a foreign country
if such activities are in violation of the
standard terms and conditions of a Federal
research and development award;
(iv) being unable to terminate the foreign
talent recruitment program contract or
agreement except in extraordinary
circumstances;
(v) through funding or effort related to
the foreign talent recruitment program, being
limited in the capacity to carry out a research
and development award or required to engage in
work that would result in substantial overlap
or duplication with a Federal research and
development award;
(vi) being required to apply for and
successfully receive funding from the
sponsoring foreign government's funding
agencies with the sponsoring foreign
organization as the recipient;
(vii) being required to omit acknowledgment
of the recipient institution with which the
individual is affiliated, or the Federal
research agency sponsoring the research and
development award, contrary to the
institutional policies or standard terms and
conditions of the Federal research and
development award;
(viii) being required to not disclose to
the Federal research agency or employing
institution the participation of such
individual in such program, position, or
activity; or
(ix) having a conflict of interest or
conflict of commitment contrary to the standard
terms and conditions of the Federal research
and development award; and
(B) a program that is sponsored by--
(i) a foreign country of concern or an
entity based in a foreign country of concern,
whether or not directly sponsored by the
foreign country of concern;
(ii) an academic institution on the list
developed under section 1286(c)(8) of the John
S. McCain National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 2358 note;
Public Law 115-232); or
(iii) a foreign talent recruitment program
on the list developed under section 1286(c)(9)
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10
U.S.C. 2358 note; Public Law 115-232).
Subtitle E--Coastal and Ocean Acidification Research and Innovation
SEC. 10641. SHORT TITLE.
This subtitle may be cited as the ``Coastal and Ocean Acidification
Research and Innovation Act of 2021''.
SEC. 10642. PURPOSES.
(a) In General.--Section 12402(a) of the Federal Ocean
Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701(a))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``development and coordination'' and inserting
``development coordination and implementation'';
(B) in subparagraph (A), by striking
``acidification on marine organisms'' and inserting
``acidification and coastal acidification on marine
organisms''; and
(C) in subparagraph (B), by striking ``establish''
and all that follows through the semicolon and
inserting ``maintain and advise an interagency
research, monitoring, and public outreach program on
ocean acidification and coastal acidification;'';
(2) in paragraph (2), by striking ``establishment'' and
inserting ``maintenance'';
(3) in paragraph (3), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(4) in paragraph (4), by striking ``techniques for'' and
all that follows through the period and inserting ``mitigating
the impacts of ocean and coastal acidification and related co-
stressors on marine ecosystems.''.
(b) Technical and Conforming Amendment.--Section 12402 of the
Federal Ocean Acidification Research and Monitoring Act of 2009 (33
U.S.C. 3701(a)) is amended by striking ``(a) Purposes.--''.
SEC. 10643. DEFINITIONS.
Section 12403 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
(1) in paragraph (1), by striking ``of the Earth's oceans''
and all that follows before the period at the end and inserting
``and changes in the water chemistry of the Earth's oceans,
coastal estuaries, marine waterways, and Great Lakes caused by
carbon dioxide from the atmosphere and the breakdown of organic
matter'';
(2) in paragraph (3), by striking ``Joint Subcommittee on
Ocean Science and Technology of the National Science and
Technology Council'' and inserting ``National Science and
Technology Council Subcommittee on Ocean Science and
Technology'';
(3) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(4) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Coastal acidification.--The term `coastal
acidification' means the decrease in pH and changes in the
water chemistry of coastal oceans, estuaries, and Great Lakes
from atmospheric pollution, freshwater inputs, and excess
nutrient run-off from land.''; and
(5) by adding at the end the following:
``(5) State.--The term `State' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory or possession of the United
States.''.
SEC. 10644. INTERAGENCY WORKING GROUP.
Section 12404 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3703) is amended--
(1) in the heading, by striking ``subcommittee'' and
inserting ``working group'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Joint
Subcommittee on Ocean Science and Technology of the
National Science and Technology Council shall
coordinate Federal activities on ocean acidification
and establish'' and insert ``Subcommittee shall
coordinate Federal activities on ocean and coastal
acidification and establish and maintain'';
(B) in paragraph (2), by striking ``Wildlife
Service,'' and inserting ``Wildlife Service, the Bureau
of Ocean Energy Management, the Environmental
Protection Agency, the Department of Agriculture, the
Department of State, the Department of Energy, the
Department of the Navy, the National Park Service, the
Bureau of Indian Affairs, the National Institute of
Standards and Technology, the Smithsonian
Institution,''; and
(C) in paragraph (3), in the heading, by striking
``Chairman'' and inserting ``Chair'';
(3) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
coastal acidification'' after ``ocean
acidification''; and
(ii) in subparagraph (B), by inserting
``and coastal acidification'' after ``ocean
acidification'';
(B) in paragraph (4), by striking ``; and'' and
inserting a semicolon; and
(C) in paragraph (5)--
(i) by inserting ``, and contribute to as
appropriate,'' after ``designate'';
(ii) by striking ``developed'' and
inserting ``and coastal acidification
developed''; and
(iii) by striking the period at the end and
inserting ``and coastal acidification; and''.
(4) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``until 2032'' after
``every 2 years thereafter'';
(ii) by inserting ``, and to the Office of
Management and Budget,'' after ``House of
Representatives''; and
(iii) in subparagraph (B), by striking
``the interagency research'' and inserting
``interagency strategic research'';
(B) in paragraph (3), by inserting ``until 2031''
after ``at least once every 5 years''; and
(C) in paragraph (4), by inserting ``until 2032''
after ``and every 6 years thereafter'';
(5) by redesignating subsection (c) as subsection (e); and
(6) by inserting after subsection (b) the following:
``(c) Advisory Board.--
``(1) Establishment.--The Chair of the Subcommittee shall
establish an Ocean Acidification Advisory Board.
``(2) Duties.--The Advisory Board shall--
``(A) maintain a process for reviewing and making
recommendations to the Subcommittee on--
``(i) the biennial report specified in
subsection (d)(2); and
``(ii) the strategic research plan in
subsection (d)(3);
``(B) provide ongoing advice to the Subcommittee
and the interagency working group on matters related to
Federal activities on ocean and coastal acidification,
including impacts and mitigation of ocean and coastal
acidification; and
``(C) advise the Subcommittee and the interagency
working group on--
``(i) efforts to coordinate research and
monitoring activities related to ocean
acidification and coastal acidification; and
``(ii) the best practices for the standards
developed for data archiving under section
12406(d).
``(3) Membership.--The Advisory Board shall consist of 25
members as follows:
``(A) Two representatives of the shellfish,
lobster, or crab industry.
``(B) One representative of the finfish industry.
``(C) One representative of seafood processors.
``(D) Three representatives from academia,
including both natural and social sciences.
``(E) One representative of recreational fishing.
``(F) One representative of a relevant
nongovernmental organization.
``(G) Six representatives from relevant State and
local governments with policy or regulatory authorities
related to ocean acidification and coastal
acidification.
``(H) One representative from the Alaska Ocean
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(I) One representative from the California
Current Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(J) One representative from the Northeast Coastal
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(K) One representative from the Southeast Coastal
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(L) One representative from the Gulf of Mexico
Coastal Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(M) One representative from the Mid-Atlantic
Coastal Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(N) One representative from the Pacific Islands
Ocean Observing System or a subsequent entity that
represents the island territories and possessions of
the United States in the Pacific Ocean, and the State
of Hawaii and has a similar purpose.
``(O) One representative from the Caribbean
Regional Association for Coastal Ocean Observing or a
subsequent entity that represents Puerto Rico and the
United States Virgin Islands and has a similar purpose.
``(P) One representative from the National Oceanic
and Atmospheric Administration Olympic Coast Ocean
Acidification Sentinel Site or a subsequent entity that
represents the same geographical representation.
``(Q) One representative from the National Oceanic
and Atmospheric Administration shall serve as an ex-
officio member of the Advisory Board without a vote.
``(4) Appointment of members.--The Chair of the
Subcommittee shall--
``(A) appoint members to the Advisory Board (taking
into account the geographical interests of each
individual to be appointed as a member of the Advisory
Board to ensure that an appropriate balance of
geographical interests are represented by the members
of the Advisory Board) who--
``(i) represent the interest group for
which each seat is designated;
``(ii) demonstrate expertise on ocean
acidification or coastal acidification and its
scientific, economic, industry, cultural, and
community impacts; and
``(iii) have a record of distinguished
service with respect to ocean acidification or
coastal acidification, and such impacts;
``(B) give consideration to nominations and
recommendations from the members of the interagency
working group and the public for such appointments; and
``(C) ensure that an appropriate balance of
scientific, industry, State and local resource
managers, and geographical interests are represented by
the members of the Advisory Board.
``(5) Term of membership.--Each member of the Advisory
Board--
``(A) shall be appointed for a 5-year term; and
``(B) may be appointed to no more than two terms.
``(6) Chair.--The Chair of the Subcommittee shall appoint
one member of the Advisory Board to serve as the Chair of the
Advisory Board.
``(7) Meetings.--Not less than once each calendar year, the
Advisory Board shall meet at such times and places as may be
designated by the Chair of the Advisory Board, in consultation
with the Chair of the Subcommittee and the Chair of the
interagency working group.
``(8) Briefing.--The Chair of the Advisory Board shall
brief the Subcommittee and the interagency working group on the
progress of the Advisory Board as necessary or at the request
of the Subcommittee.
``(9) Tribal government engagement and coordination.--
``(A) In general.--The Advisory Board shall
maintain mechanisms for coordination, and engagement
with Tribal governments.
``(i) Rule of construction.--Nothing in
subparagraph (A) may be construed as affecting any
requirement to consult with Indian Tribes under
Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Tribal governments)
or any other applicable law or policy.
``(10) Federal advisory committee act.--Section 14 of the
Federal Advisory Committee Act shall not apply to the Advisory
Board for 10 years from the date of enactment of this Act.
``(d) Prize Competitions.--
``(1) In general.--Any Federal agency with a representative
serving on the interagency working group established under this
section may, either individually or in cooperation with one or
more agencies, carry out a program to award prizes
competitively under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719). An agency
seeking to carry out such a program shall carry out such
program in coordination with the chair of such interagency
working group.
``(2) Purposes.--Any prize competition carried out under
this subsection shall be for the purpose of stimulating
innovation to advance our Nation's ability to understand,
research, or monitor ocean acidification or its impacts, or to
develop management or adaptation options for responding to
ocean and coastal acidification.
``(3) Priority programs.--Priority shall be given to
establishing programs under this section that address
communities, environments, or industries that are in distress
due to the impacts of ocean and coastal acidification.''.
SEC. 10645. STRATEGIC RESEARCH PLAN.
Section 12405 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3704) is amended--
(1) in subsection (a)--
(A) by striking ``acidification'' each place it
appears and inserting ``acidification and coastal
acidification'';
(B) in the first sentence--
(i) by inserting ``, and not later than
every 5 years following the publication of each
subsequent strategic research plan until 2035''
after ``the date of enactment of this Act'';
(ii) by inserting ``address the
socioeconomic impacts of ocean acidification
and coastal acidification and to'' after
``mitigation strategies to''; and
(iii) by striking ``marine ecosystems''
each place it appears and inserting
``ecosystems''; and
(C) in the second sentence, by striking ``National
Academy of Sciences in the review of the plan required
under subsection (d)'', and inserting ``Advisory Board
established in section 12404(c)'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and social
sciences'' after ``among the ocean sciences'';
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) by striking ``improve the
ability to assess the'' and inserting
``assess the short-term and long-
term''; and
(II) by striking ``; and'' at the
end and inserting a semicolon;
(ii) by amending subparagraph (C) to read
as follows:
``(C) provide information for the development of
adaptation and mitigation strategies to address--
``(i) socioeconomic impacts of ocean
acidification and coastal acidification;
``(ii) conservation of marine organisms and
ecosystems;
``(iii) assessment of the effectiveness of
such adaptation and mitigation strategies;
and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) improve research on--
``(i) ocean acidification and coastal
acidification;
``(ii) the interactions between and effects
of ocean and coastal acidification and multiple
combined stressors including changes in water
chemistry, changes in sediment delivery,
hypoxia, and harmful algal blooms, on ocean
acidification and coastal acidification; and
``(iii) the effect or effects of clauses
(i) and (ii) on marine resources and
ecosystems;'';
(C) in paragraph (3)--
(i) in subparagraph (F), by striking
``database development'' and inserting ``data
management'';
(ii) in subparagraph (H) by striking
``and'' at the end; and
(iii) by adding at the end the following
new subparagraphs:
``(J) assessment of adaptation and mitigation
strategies; and
``(K) education and outreach activities;'';
(D) in paragraph (4), by striking ``set forth'' and
inserting ``ensure an appropriate balance of
contribution in establishing'';
(E) in paragraph (5), by striking ``reports'' and
inserting ``the best available peer-reviewed scientific
reports'';
(F) in paragraph (6)--
(i) by inserting ``and coastal
acidification'' after ``ocean acidification'';
and
(ii) by striking ``of the United States''
and inserting ``within the United States'';
(G) in paragraph (8)--
(i) by inserting ``and coastal
acidification'' after ``ocean acidification''
each place it appears;
(ii) by striking ``its'' and inserting
``their''; and
(iii) by striking ``; and'' at the end and
inserting a semicolon;
(H) in paragraph (9), by striking ``and'' at the
end
(I) in paragraph (10), by striking the period at
the end and inserting a semicolon; and
(J) by adding at the end the following:
``(11) describe monitoring needs necessary to support
potentially affected industry members, coastal stakeholders,
fishery management councils and commissions, Tribal
governments, non-Federal resource managers, and scientific
experts on decision-making and adaptation related to ocean
acidification and coastal acidification; and
``(12) describe the extent to which the Subcommittee
incorporated feedback from the Advisory Board established in
section 12404(c).'';
(3) in subsection (c)--
(A) in paragraph (1)(C), by striking ``surface'';
(B) in paragraph (2), by inserting ``and coastal
acidification'' after ``ocean acidification'' each
place it appears;
(C) in paragraph (3)--
(i) by striking ``input, and'' and
inserting ``inputs,'';
(ii) by inserting ``, marine food webs,''
after ``marine ecosystems''; and
(iii) by inserting ``, and modeling that
supports fisheries management'' after ``marine
organisms'';
(D) in paragraph (5), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(E) by adding at the end the following new
paragraph:
``(8) Research to understand related and cumulative
stressors and other biogeochemical processes occurring in
conjunction with ocean acidification and coastal
acidification.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Publication.--Concurrent with the submission of the plan to
Congress, the Subcommittee shall publish the plan on a public
website.''.
SEC. 10646. NOAA OCEAN ACIDIFICATION ACTIVITIES.
Section 12406 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``coordination,'' after ``research,
monitoring,'';
(B) in paragraph (1)--
(i) in subparagraph (B), by inserting
``including leveraging, as appropriate, the
Integrated Ocean Observing System and the ocean
observing assets of other Federal, State, and
Tribal agencies,'' after ``ocean observing
assets,'';
(ii) by redesignating subparagraphs (C),
(D), (E), and (F) as subparagraphs (E), (G),
(H), and (I), respectively;
(iii) by inserting after subparagraph (B)
the following new subparagraphs:
``(C) prioritization of the location of monitoring
instruments, assets, and projects to maximize the
efficiency of resources and agency and department
missions;
``(D) an optimization of understanding of
socioeconomic impacts and ecosystem health''.
(iv) in subparagraph (E), as so
redesignated, by striking ``adaptation'' and
inserting ``adaptation and mitigation'';
(v) by inserting after subparagraph (E), as
so redesignated, the following new
subparagraph:
``(F) technical assistance to socioeconomically
vulnerable States, local governments, Tribal
governments, communities, and industries impacted by
ocean and coastal acidification to support their
development of ocean and coastal acidification
mitigation strategies;''.
(vi) in subparagraph (H), as so
redesignated--
(I) by striking ``its impacts'' and
inserting ``their respective impacts'';
(II) by striking ``and'' at the
end;
(vii) in subparagraph (I), as so
redesignated--
(I) by striking ``monitoring and
impacts research'' and inserting
``research, monitoring, and adaptation
and mitigation strategies''; and
(II) by striking the period at the
end and inserting a semicolon; and
(viii) by adding at the end the following
new subparagraphs:
``(J) research to improve understanding of--
``(i) the impact of ocean acidification and
coastal acidification; and
``(ii) how multiple environmental stressors
may contribute to and exacerbate ocean and
coastal acidification on living marine
resources and coastal ecosystems; and
``(K) research to support the development of
adaptation and mitigation strategies to address the
socioeconomic impacts of ocean and coastal
acidification on coastal communities;'';
(C) in paragraph (2), by striking ``critical
research projects that explore'' and inserting
``critical research, education, and outreach projects
that explore and communicate''; and
(D) in paragraphs (1) and (2), by striking
``acidification'' each place it appears and inserting
``acidification and coastal acidification''; and
(2) by adding at the end the following new subsections:
``(c) Relationship to Interagency Working Group.--The National
Oceanic and Atmospheric Administration shall serve as the lead Federal
agency responsible for coordinating the Federal response to ocean and
coastal acidification. The Administration may enter into Memoranda of
Understanding to--
``(1) coordinate monitoring and research efforts among
Federal agencies in cooperation with State, local, and Tribal
governments and international partners; this may include
analysis and synthesis of the results of monitoring and
research;
``(2) maintain an Ocean Acidification Information Exchange
described under section 12404(b)(5) to allow for information to
be electronically accessible, including information--
``(A) on ocean acidification developed through or
used by the ocean acidification program described under
subsection (a); or
``(B) that would be useful to State governments,
local governments, Tribal governments, resource
managers, policymakers, researchers, and other
stakeholders in mitigating or adapting to the impacts
of ocean acidification and coastal acidification; and
``(3) establishing and maintaining the data archive system
under subsection (d).
``(d) Data Archive System.--
``(1) In general.--The Secretary, in coordination with the
members of the interagency working group, shall support the
long-term stewardship of, and access to, data relating to ocean
and coastal acidification through providing the data on a
publicly accessible data archive system. To the extent
possible, this data archive system shall collect and provide
access to ocean and coastal acidification data--
``(A) from relevant federally funded research;
``(B) provided by a Federal, State, or local
government, academic scientist, citizen scientist, or
industry organization;
``(C) voluntarily submitted by Tribes or Tribal
governments; and
``(D) from existing global or national data assets
that are currently maintained within Federal agencies.
``(2) Data standards.--The Secretary to, the extent
possible, shall ensure all such data adheres to data and
metadata standards to support the public findability,
accessibility, interoperability, and reusability of such
data.''.
SEC. 10647. NSF OCEAN ACIDIFICATION ACTIVITIES.
Section 12407 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3706) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``its impacts'' and inserting ``their
respective impacts'';
(B) in paragraph (3), by striking ``and its
impacts'' and inserting ``and their respective
impacts'';
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) adaptation and mitigation strategies to address
socioeconomic effects of ocean acidification and coastal
acidification.''; and
(3) by adding at the end the following:
``(d) Requirement.--Recipients of grants from the National Science
Foundation under this subtitle that collect data described under
section 12406(d) shall--
``(1) collect data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(d); and
``(2) submit such data to the Director and the Secretary
after publication, in accordance with any rules promulgated by
the Director or the Secretary.''.
SEC. 10648. NASA OCEAN ACIDIFICATION ACTIVITIES.
Section 12408 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3707) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a), by striking ``its impacts'' and
inserting ``their respective impacts''; and
(3) by adding at the end the following new subsection:
``(d) Requirement.--Researchers from the National Aeronautics and
Space Administration under this subtitle that collect data described
under section 12406(d) shall--
``(1) collect such data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(d); and
``(2) submit such data to the Administrator and the
Secretary, in accordance with any rules promulgated by the
Administrator or the Secretary.''.
SEC. 10649. AUTHORIZATION OF APPROPRIATIONS.
Section 12409 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3708) is amended--
(1) in subsection (a), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle--
``(1) $20,500,000 for fiscal year 2023;
``(2) $22,000,000 for fiscal year 2024;
``(3) $24,000,000 for fiscal year 2025;
``(4) $26,000,000 for fiscal year 2026; and
``(5) $28,000,000 for fiscal year 2027.''; and
(2) in subsection (b), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle, $20,000,000 for each of the fiscal years 2023
through 2027.''.
Subtitle F--Interagency Working Group
SEC. 10651. INTERAGENCY WORKING GROUP.
(a) Establishment.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council, shall establish or designate an interagency working group to
coordinate the activities specified in subsection (c).
(b) Composition.--The interagency working group shall be composed
of the following members (or their designees), who may be organized
into subcommittees, as appropriate:
(1) The Secretary of Commerce.
(2) The Director of the National Science Foundation.
(3) The Secretary of Energy.
(4) The Secretary of Defense.
(5) The Director of the National Economic Council.
(6) The Director of the Office of Management and Budget.
(7) The Secretary of Health and Human Services.
(8) The Administrator of the National Aeronautics and Space
Administration.
(9) The Secretary of Agriculture.
(10) The Director of National Intelligence.
(11) The Director of the Federal Bureau of Investigation.
(12) Such other Federal officials as the Director of the
Office of Science and Technology Policy considers appropriate,
including members of the National Science and Technology
Council Committee on Technology.
(c) Coordination.--The interagency working group shall seek to
ensure that the activities of different Federal agencies enhance and
complement, but, as appropriate, do not duplicate, efforts being
carried out by another Federal agency, with a focus on the following:
(1) The activities of the National Science Foundation
Technology, Innovation, and Partnerships Directorate in the key
technology focus areas, such as within the Regional Innovation
Engines under section 10388 and test beds under section 10390.
(2) The activities of the Department of Commerce under this
division, including regional technology hubs under section 28
of the Stevenson-Wydler Act of 1980 (15 U.S.C. 13701 et seq.),
as added by section 10621, the Manufacturing USA Program
established under section 34(b)(1) of the National Institute of
Standards and Technology Act (15 U.S.C. 278s(b)(1)), and the
Hollings Manufacturing Extension Partnership (15 U.S.C. 278k).
(3) The activities of the Department of Energy in the key
technology focus areas, including at the national laboratories,
and at Federal laboratories, as defined in section 4 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703), and facilities and user facilities operated in
partnership with such national laboratories or the Department
of Energy.
(4) Any other program that the Director of the Office of
Science and Technology Policy determines involves research and
development with respect to the key technology focus areas.
(d) Report.--The interagency working group shall--
(1) by not later than 180 days after the date of enactment
of this division--
(A) conduct an initial review of Federal programs
and resources with respect to the key technology focus
areas identified pursuant to section 10387(a)(2), in
order to--
(i) assess current level of efforts and
characterize existing research infrastructure,
as of the date of the review;
(ii) identify potential areas of overlap or
duplication with respect to the key technology
focus areas; and
(iii) identify potential cross-agency
collaborations and joint funding opportunities;
and
(B) submit a report regarding the review described
in subparagraph (A) to Congress; and
(C) seek stakeholder input and recommendations in
the course of such review; and
(2) shall carry out the annual reviews and updates required
under section 10387(e).
(e) Conflicts.--If any conflicts between Federal agencies arise
while carrying out the activities under this section, the President
shall make the final decision regarding resolution of the conflict.
Subtitle G--Quantum Networking and Communications
SEC. 10661. QUANTUM NETWORKING AND COMMUNICATIONS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' has the meaning given
such term in section 2 of the National Quantum Initiative Act
(15 U.S.C. 8801).
(3) Q2work program.--The term ``Q2Work Program'' means the
Q2Work Program supported by the Foundation.
(b) Quantum Networking Working Group Report on Quantum Networking
and Communications.--
(1) Report.--Section 103 of the National Quantum Initiative
Act (15 U.S.C. 8813) is amended by adding the following at the
end the following new subsection:
``(h) Report on Quantum Networking and Communications.--
``(1) In general.--Not later than January 1, 2026, the
Quantum Networking Working Group within the Subcommittee on
Quantum Information Science of the National Science and
Technology Council, in coordination with the Subcommittee on
the Economic and Security Implications of Quantum Information
Science, shall submit to the appropriate committees of Congress
a report detailing a plan for the advancement of quantum
networking and communications technology in the United States,
building on the report entitled A Strategic Vision for
America's Quantum Networks and A Coordinated Approach for
Quantum Networking Research.
``(2) Requirements.--The report under paragraph (1) shall
include the following:
``(A) An update to the report entitled Coordinated
Approach to Quantum Networking Research Report focusing
on a framework for interagency collaboration regarding
the advancement of quantum networking and
communications research.
``(B) A plan for Federal Government partnership
with the private sector and interagency collaboration
regarding engagement in international standards for
quantum networking and communications technology,
including a list of Federal priorities for standards
relating to such networking and technology.
``(C) A proposal for the protection of national
security interests relating to the advancement of
quantum networking and communications technology.
``(D) An assessment of the relative position of the
United States with respect to other countries in the
global race to develop, demonstrate, and utilize
quantum networking and communications technology.
``(E) Recommendations to Congress for legislative
action relating to the matters considered under
subparagraphs (A), (B), (C), and (D).
``(F) Such other matters as the Quantum Network
Working Group considers necessary to advance the
security of communications and network infrastructure,
remain at the forefront of scientific discovery in the
quantum information science domain, and transition
quantum information science research into the emerging
quantum technology economy.''.
(c) Quantum Networking and Communications Research and
Standardization.--
(1) Research.--Subsection (a) of section 201 of the
National Quantum Initiative Act (15 U.S.C. 8831) is amended
by--
(A) redesignating paragraphs (3) and (4) as
paragraphs (6) and (7), respectively; and
(B) inserting after paragraph (2) the following new
paragraphs:
``(3) shall carry out research to facilitate the
development and standardization of quantum cryptography and
post-quantum classical cryptography;
``(4) shall carry out research to facilitate the
development and standardization of quantum networking,
communications, and sensing technologies and applications;
``(5) for quantum technologies determined by the Director
of the National Institute of Standards and Technology to be at
a readiness level sufficient for standardization, shall provide
technical review and assistance to such other Federal agencies
as the Director considers appropriate for the development of
quantum networking infrastructure standards;''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Scientific and Technical Research and
Services account of the National Institute of Standards and
Technology to carry out paragraphs (3) through (5) of
subsection (a) of section 201 of the National Quantum
Initiative Act (as inserted pursuant to the amendments made by
paragraph (1) of this subsection) $15,000,000 for each of
fiscal years 2023 through 2027.
(d) Quantum Information Science Workforce Evaluation and
Acceleration.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study to evaluate and make
recommendations for the quantum information science workforce.
The study shall--
(A) characterize the quantum information science
workforce, including by--
(i) describing what constitutes a quantum
information science qualified worker across
sectors, including academia, the Federal
Government, and industry; and
(ii) describing the size and makeup of the
quantum information science workforce,
including an assessment of current and future
trends;
(B) identify near- and long-term quantum
information science workforce needs across government,
academia, and industry sectors, including identifying
the cross-disciplinary academic degrees or academic
courses necessary to--
(i) prepare students for multiple career
pathways in quantum information sciences and
related fields;
(ii) ensure the United States is
competitive in the field of quantum information
science while preserving national security; and
(iii) support the development of quantum
applications;
(C) assess the state of quantum information science
education and skills training at all education levels
and identify gaps in meeting current and future
workforce needs, including with respect to--
(i) elementary, middle, and high-school
student access to foundational courses, age-
appropriate quantum concepts, and hands-on
learning opportunities;
(ii) elementary, middle, and high-school
teacher professional development and access to
resources, materials, lesson plans, modules,
and curricula;
(iii) career pivot and skills training
opportunities, including professional
certificates and internships; and
(iv) higher education curricula, laboratory
experiences in academia, the Federal
Government, and industry settings, and cross-
discipline degree programs aligned with
workforce needs; and
(D) make recommendations for developing a diverse,
flexible, and sustainable quantum information science
workforce that meets the evolving needs of academia,
the Federal Government, and industry.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the National Academies of Science,
Engineering, and Medicine shall submit to Congress and the
Director a report containing the results of the study conducted
pursuant to paragraph (1).
(e) Incorporating QISE Into STEM Curriculum.--
(1) In general.--Section 301 of the National Quantum
Initiative Act (15 U.S.C. 8841) is amended by adding the
following at the end:
``(d) Incorporating QISE Into STEM Curriculum.--
``(1) In general.--The Director of the National Science
Foundation shall, through programs carried out or supported by
the National Science Foundation, seek to increase the
integration of quantum information science and engineering
(referred to in this subsection as `QISE') into the STEM
curriculum at all education levels, including community
colleges, as considered appropriate by the Director.
``(2) Curriculum integration.--The curriculum integration
under paragraph (1) may include the following:
``(A) Methods to conceptualize QISE for elementary,
middle, and high school curricula.
``(B) Methods for strengthening foundational
mathematics and science curricula.
``(C) Methods for integrating students who are
underserved or historically underrepresented groups in
STEM.
``(D) Age-appropriate materials that apply the
principles of quantum information science in STEM
fields.
``(E) Recommendations for the standardization of
key concepts, definitions, and curriculum criteria
across government, academia, and industry.
``(F) Materials that specifically address the
findings and outcomes of the study to evaluate and make
recommendations for the quantum information science
workforce pursuant to subsection (d) of section 10661
of the Research and Development, Competition, and
Innovation Act and strategies to account for the skills
and workforce needs identified through such study.
``(3) Coordination.--In carrying out this subsection, the
Director shall coordinate with relevant Federal agencies, and
consult with nongovernmental entities with expertise in QISE,
as appropriate, which may include institutions eligible to
participate in the Established Program to Stimulate Competitive
Research (EPSCoR).
``(4) Definition.--In this subsection, the term `STEM'
means the academic and professional disciplines of science,
technology, engineering, and mathematics, including computer
science.''.
(f) Quantum Education Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director, building on the
National Science Foundation's role in the National Q-12
Education Partnership and programs such as Q2Work Program,
shall make awards to institutions of higher education, non-
profit organizations, or consortia thereof to carry out a pilot
program, to be known as the ``Next Generation Quantum Leaders
Pilot Program'' (in this subsection referred to as the
``Program''), for the education and training of the next
generation of students and teachers in the fundamental
principles of quantum mechanics.
(2) Requirements.--
(A) In general.--In carrying out the Program, the
Director shall--
(i) encourage awardees to coordinate with
educational service agencies (as such term
``educational service agency'' is defined in
section 602(5) of the Individuals with
Disabilities Education Improvement Act of 2004
(20 U.S.C. 1401(5))), associations that support
STEM educators or local educational agencies,
and partnerships through the Q-12 Education
Partnership, to encourage elementary schools,
middle schools, and secondary schools, and
State educational agencies to participate in
the Program;
(ii) require that awardees partner with
elementary schools, middle schools, or
secondary schools, or consortia thereof, and
State educational agencies, to carry out
activities under the Program;
(B) Use of funds.--In carrying out the Program, the
Director shall make competitive, merit-reviewed awards
to--
(i) support testing, evaluation,
dissemination, and implementation of age-
appropriate quantum information sciences
curricula and resources, including the
integration of quantum information science and
engineering into the STEM curriculum pursuant
to subsection (d) of section 301 of the
National Quantum Initiative Act (15 U.S.C.
8841), as added by subsection (e);
(ii) support opportunities for informal
education on quantum concepts, including
informal hands-on learning opportunities;
(iii) support opportunities for students to
further explore quantum information science
education and related careers;
(iv) develop and implement training,
research, and professional development programs
for teachers, including innovative pre-service
and in-service programs, in quantum information
science and related fields; and
(v) carry out such other activities as the
Director determines appropriate.
(C) Distribution.--In carrying out the Program and
to the extent practicable, the Director shall ensure
there is a wide, equitable distribution of Program
participants across diverse geographic areas and that
the Program includes a diverse representation of
students, including students from groups historically
underrepresented in STEM.
(3) Consultation.--The Director shall carry out the Program
in consultation with the QIS Workforce Working Group of the
Subcommittee on Quantum Information Science of the National
Science and Technology Council and the Advancing Informal STEM
Learning Program.
(4) Reporting.--Not later than four years after the date of
the enactment of this section, the Director shall submit to
Congress a report that includes the following:
(A) An assessment, that includes feedback from a
wide range of stakeholders in academia, K-12 education,
and the private sector, of the effectiveness of the
Program in scaling up implementation of effective
quantum education and training innovations.
(B) If determined to be effective, a plan for
integrating the Program into existing programs,
including the feasibility and advisability of expanding
the scope of the Program to include additional
technology areas, grade levels, and educational
institutions beyond those originally selected to
participate in the Program.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Director $8,000,000 for each of
fiscal years 2023 through 2026 to carry out this section.
(6) Termination.--This subsection shall terminate on the
date that is four years after the date of the enactment of this
Act.
Subtitle H--Blockchain Specialist
SEC. 10671. ESTABLISHMENT OF BLOCKCHAIN AND CRYPTOCURRENCY SPECIALIST
POSITION WITHIN OSTP.
The Director of the Office of Science and Technology Policy shall
establish or designate a blockchain and cryptocurrencies advisory
specialist position within the Office to coordinate Federal activities
and advise the President on matters of research and development
relating to blockchain, cryptocurrencies, and distributed ledger
technologies.
Subtitle I--Partnerships for Energy Security and Innovation
SEC. 10691. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (b)(2)(A).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Executive director.--The term ``Executive Director''
means the Executive Director described in subsection (b)(5)(A).
(4) Foundation.--The term ``Foundation'' means the
Foundation for Energy Security and Innovation established under
subsection (b)(1).
(5) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(6) Individual laboratory-associated foundation.--The term
``Individual Laboratory-Associated Foundation'' means a
Laboratory Foundation established by an operating contractor of
a National Laboratory.
(7) Minority-serving institution.--The term ``minority
serving institution'' means a Hispanic-serving institution as
defined in section 502 of the Higher Education Act of 1965 (20
U.S.C. 1101a), an Alaska Native-serving institution and a
Native Hawaiian-serving institution as defined in section in
317 of the Higher Education Act of 1965 (20 U.S.C. 1059d), or a
Predominantly Black Institution, Asian American and Native
American Pacific Islander-serving institution, or a Native
American-serving nontribal institution as defined in section
371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given in section 316 of
the Higher Education Act of 1965 (20 U.S.C. 1059c).
(b) Foundation for Energy Security and Innovation.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish a nonprofit corporation to be known as the
``Foundation for Energy Security and Innovation''.
(B) Mission.--The mission of the Foundation shall
be--
(i) to support the mission of the
Department; and
(ii) to advance collaboration with energy
researchers, institutions of higher education,
industry, and nonprofit and philanthropic
organizations to accelerate the
commercialization of energy technologies.
(C) Limitation.--The Foundation shall not be an
agency or instrumentality of the Federal Government.
(D) Tax-exempt status.--The Board shall take all
necessary and appropriate steps to ensure that the
Foundation is an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code.
(E) Collaboration with existing organizations.--The
Secretary may collaborate with 1 or more organizations
to establish the Foundation and carry out the
activities of the Foundation.
(2) Board of directors.--
(A) Establishment.--The Foundation shall be
governed by a Board of Directors.
(B) Composition.--
(i) In general.--The Board shall be
composed of the ex officio nonvoting members
described in clause (ii) and the appointed
voting members described in clause (iii).
(ii) Ex officio members.--The ex officio
members of the Board shall be the following
individuals or designees of those individuals:
(I) The Secretary.
(II) The Under Secretary for
Science.
(III) The Under Secretary for
Nuclear Security.
(IV) The Chief Commercialization
Officer.
(iii) Appointed members.--
(I) Initial members.--The Secretary
and the other ex officio members of the
Board shall--
(aa) seek to enter into an
agreement with the National
Academies of Sciences,
Engineering, and Medicine to
develop a list of individuals
to serve as members of the
Board who are well-qualified
and will meet the requirements
of subclauses (II) and (III);
and
(bb) appoint the initial
members of the Board from that
list, if applicable, in
consultation with the National
Academies of Sciences,
Engineering, and Medicine.
(II) Representation.--The appointed
members of the Board shall reflect a
broad cross-section of stakeholders
from academia, National Laboratories,
industry, nonprofit organizations,
State or local governments, the
investment community, and the
philanthropic community.
(III) Experience.--The Secretary
shall ensure that a majority of the
appointed members of the Board--
(aa)(AA) has experience in
the energy sector;
(BB) has research
experience in the energy field;
or
(CC) has experience in
technology commercialization or
foundation operations; and
(bb) to the extent
practicable, represents diverse
regions, sectors, and
communities.
(C) Chair and vice chair.--
(i) In general.--The Board shall designate
from among the members of the Board--
(I) an individual to serve as Chair
of the Board; and
(II) an individual to serve as Vice
Chair of the Board.
(ii) Terms.--The term of service of the
Chair and Vice Chair of the Board shall end on
the earlier of--
(I) the date that is 3 years after
the date on which the Chair or Vice
Chair of the Board, as applicable, is
designated for the position; and
(II) the last day of the term of
service of the member, as determined
under subparagraph (D)(i), who is
designated to be Chair or Vice Chair of
the Board, as applicable.
(iii) Representation.--The Chair and Vice
Chair of the Board--
(I) shall not be representatives of
the same area of subject matter
expertise, or entity, as applicable,
under subparagraph (B)(iii)(II); and
(II) shall not be representatives
of any area of subject matter
expertise, or entity, as applicable,
represented by the immediately
preceding Chair and Vice Chair of the
Board.
(D) Terms and vacancies.--
(i) Terms.--
(I) In general.--The term of
service of each appointed member of the
Board shall be not more than 5 years.
(II) Initial appointed members.--Of
the initial members of the Board
appointed under subparagraph
(B)(iii)(I), half of the members shall
serve for 4 years and half of the
members shall serve for 5 years, as
determined by the Chair of the Board.
(ii) Vacancies.--Any vacancy in the
membership of the appointed members of the
Board--
(I) shall be filled in accordance
with the bylaws of the Foundation by an
individual capable of representing the
same area or entity, as applicable, as
represented by the vacating board
member under subparagraph (B)(iii)(II);
(II) shall not affect the power of
the remaining appointed members to
execute the duties of the Board; and
(III) shall be filled by an
individual selected by the Board.
(E) Meetings; quorum.--
(i) Initial meeting.--Not later than 60
days after the Board is established, the
Secretary shall convene a meeting of the ex
officio and appointed members of the Board to
incorporate the Foundation.
(ii) Quorum.--A majority of the appointed
members of the Board shall constitute a quorum
for purposes of conducting the business of the
Board.
(F) Duties.--The Board shall--
(i) establish bylaws for the Foundation in
accordance with subparagraph (G);
(ii) provide overall direction for the
activities of the Foundation and establish
priority activities;
(iii) carry out any other necessary
activities of the Foundation;
(iv) evaluate the performance of the
Executive Director; and
(v) actively solicit and accept funds,
gifts, grants, devises, or bequests of real or
personal property to the Foundation, including
from private entities.
(G) Bylaws.--
(i) In general.--The bylaws established
under subparagraph (F)(i) may include--
(I) policies for the selection of
Board members, officers, employees,
agents, and contractors of the
Foundation;
(II) policies, including ethical
standards, for--
(aa) the acceptance,
solicitation, and disposition
of donations and grants to the
Foundation, including
appropriate limits on the
ability of donors to designate,
by stipulation or restriction,
the use or recipient of donated
funds; and
(bb) the disposition of
assets of the Foundation;
(III) policies that subject all
employees, fellows, trainees, and other
agents of the Foundation (including ex
officio and appointed members of the
Board) to conflict of interest
standards; and
(IV) the specific duties of the
Executive Director.
(ii) Requirements.--The Board shall ensure
that the bylaws of the Foundation and the
activities carried out under those bylaws shall
not--
(I) reflect unfavorably on the
ability of the Foundation to carry out
activities in a fair and objective
manner; or
(II) compromise, or appear to
compromise, the integrity of any
governmental agency or program, or any
officer or employee employed by, or
involved in, a governmental agency or
program.
(H) Compensation.--
(i) In general.--No member of the Board
shall receive compensation for serving on the
Board.
(ii) Certain expenses.--In accordance with
the bylaws of the Foundation, members of the
Board may be reimbursed for travel expenses,
including per diem in lieu of subsistence, and
other necessary expenses incurred in carrying
out the duties of the Board.
(I) Restriction on membership.--No employee of the
Department shall be appointed as a member of the Board
of Directors.
(3) Purposes.--The purposes of the Foundation are--
(A) to support the Department in carrying out the
mission of the Department to ensure the security and
prosperity of the United States by addressing energy
and environmental challenges through transformative
science and technology solutions; and
(B) to increase private and philanthropic sector
investments that support efforts to create,
characterize, develop, test, validate, and deploy or
commercialize innovative technologies that address
crosscutting national energy challenges, including
those affecting minority, rural, and other underserved
communities, by methods that include--
(i) fostering collaboration and
partnerships with researchers from the Federal
Government, State governments, institutions of
higher education, including historically Black
colleges or universities, Tribal Colleges or
Universities, and minority-serving
institutions, federally funded research and
development centers, industry, and nonprofit
organizations for the research, development, or
commercialization of transformative energy and
associated technologies;
(ii) strengthening and sharing best
practices relating to regional economic
development through scientific and energy
innovation, including in partnership with an
Individual Laboratory-Associated Foundation;
(iii) promoting new product development
that supports job creation;
(iv) administering prize competitions--
(I) to accelerate private sector
competition and investment; and
(II) that complement the use of
prize authority by the Department;
(v) supporting programs that advance
technology maturation, especially where there
may be gaps in Federal or private funding in
advancing a technology to deployment or
commercialization from the prototype stage to a
commercial stage;
(vi) supporting efforts to broaden
participation in energy technology development
among individuals from historically
underrepresented groups or regions; and
(vii) facilitating access to Department
facilities, equipment, and expertise to assist
in tackling national challenges.
(4) Activities.--
(A) Studies, competitions, and projects.--The
Foundation may conduct and support studies,
competitions, projects, and other activities that
further the purposes of the Foundation described in
paragraph (3).
(B) Fellowships and grants.--
(i) In general.--The Foundation may award
fellowships and grants for activities relating
to research, development, demonstration,
maturation, or commercialization of energy and
other Department-supported technologies.
(ii) Form of award.--A fellowship or grant
under clause (i) may consist of a stipend,
health insurance benefits, funds for travel,
and funds for other appropriate expenses.
(iii) Selection.--In selecting a recipient
for a fellowship or grant under clause (i), the
Foundation--
(I) shall make the selection based
on the technical and commercialization
merits of the proposed project of the
potential recipient; and
(II) may consult with a potential
recipient regarding the ability of the
potential recipient to carry out
various projects that would further the
purposes of the Foundation described in
paragraph (3).
(iv) National laboratories.--A National
Laboratory that applies for or accepts an award
under clause (i) shall not be considered to be
engaging in a competitive process.
(C) Accessing facilities and expertise.--The
Foundation may work with the Department--
(i) to leverage the capabilities and
facilities of National Laboratories to
commercialize technology; and
(ii) to assist with resources, including by
providing information on the assets of each
National Laboratory that may enable the
deployment and commercialization of technology.
(D) Training and education.--The Foundation may
support programs that provide training to researchers,
scientists, other relevant personnel at National
Laboratories and institutions of higher education, and
previous or current recipients of or applicants for
Department funding to help research, develop,
demonstrate, deploy, and commercialize federally funded
technology.
(E) Maturation funding.--The Foundation shall
support programs that provide maturation funding to
researchers to advance the technology of those
researchers for the purpose of moving products from a
prototype stage to a commercial stage.
(F) Stakeholder engagement.--The Foundation shall
convene, and may consult with, representatives from the
Department, institutions of higher education, National
Laboratories, the private sector, and commercialization
organizations to develop programs for the purposes of
the Foundation described in paragraph (3) and to
advance the activities of the Foundation.
(G) Individual and federal laboratory-associated
foundations.--
(i) Definition of covered foundation.--In
this subparagraph, the term ``covered
foundation'' means each of the following:
(I) An Individual Laboratory-
Associated Foundation.
(II) A Federal Laboratory-
Associated Foundation established
pursuant to subsection (c)(1).
(ii) Support.--The Foundation shall provide
support to and collaborate with covered
foundations.
(iii) Guidelines and templates.--For the
purpose of providing support under clause (ii),
the Secretary shall establish suggested
guidelines and templates for covered
foundations, including--
(I) a standard adaptable
organizational design for responsible
management;
(II) standard and legally tenable
bylaws and money-handling procedures;
and
(III) a standard training
curriculum to orient and expand the
operating expertise of personnel
employed by covered foundations.
(iv) Affiliations.--Nothing in this
subparagraph requires--
(I) an existing Individual
Laboratory-Associated Foundation to
modify current practices or affiliate
with the Foundation; or
(II) a covered foundation to be
bound by charter or corporate bylaws as
permanently affiliated with the
Foundation.
(H) Supplemental programs.--The Foundation may
carry out supplemental programs--
(i) to conduct and support forums,
meetings, conferences, courses, and training
workshops consistent with the purposes of the
Foundation described in paragraph (3);
(ii) to support and encourage the
understanding and development of data that
promotes the translation of technologies from
the research stage, through the development and
maturation stage, and ending in the market
stage;
(iii) for writing, editing, printing,
publishing, and vending books and other
materials relating to research carried out
under the Foundation and the Department; and
(iv) to conduct other activities to carry
out and support the purposes of the Foundation
described in paragraph (3).
(I) Evaluations.--The Foundation shall support the
development of an evaluation methodology, to be used as
part of any program supported by the Foundation, that
shall--
(i) consist of qualitative and quantitative
metrics; and
(ii) include periodic third party
evaluation of those programs and other
activities of the Foundation.
(J) Communications.--The Foundation shall develop
an expertise in communications to promote the work of
grant and fellowship recipients under subparagraph (B),
the commercialization successes of the Foundation,
opportunities for partnership with the Foundation, and
other activities.
(K) Solicitation and use of funds.--The Foundation
may solicit and accept gifts, grants, and other
donations, establish accounts, and invest and expend
funds in support of the activities and programs of the
Foundation.
(L) Authority of the foundation.--The Foundation
shall be the sole entity responsible for carrying out
the activities described in this paragraph.
(5) Administration.--
(A) Executive director.--The Board shall hire an
Executive Director of the Foundation, who shall serve
at the pleasure of the Board. Subject to the compliance
with the policies and bylaws established pursuant to
paragraph (2)(G), the Executive Director shall be
responsible for the daily operations of the Foundation
in carrying the activities described in paragraph (4).
(B) Compensation.--The rate of compensation of the
Executive Director shall be fixed by the Board.
(C) Administrative control.--No member of the
Board, officer or employee of the Foundation or of any
program established by the Foundation, or participant
in a program established by the Foundation, shall
exercise administrative control over any Federal
employee.
(D) Strategic plan.--Not later than 1 year after
the date of enactment of this Act, the Foundation shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a strategic
plan that contains--
(i) a plan for the Foundation to become
financially self-sustaining in fiscal year 2023
and thereafter (except for the amounts provided
each fiscal year under paragraph (11)(A)(iii));
(ii) a forecast of major crosscutting
energy challenge opportunities, including
short- and long-term objectives, identified by
the Board, with input from communities
representing the entities and areas of subject
matter expertise, as applicable, described in
paragraph (2)(B)(iii)(II);
(iii) a description of the efforts that the
Foundation will take to be transparent in the
processes of the Foundation, including
processes relating to--
(I) grant awards, including
selection, review, and notification;
(II) communication of past,
current, and future research
priorities; and
(III) solicitation of and response
to public input on the opportunities
identified under clause (ii);
(iv) a description of the financial goals
and benchmarks of the Foundation for the
following 10 years;
(v) a description of the efforts undertaken
by the Foundation to engage historically
underrepresented groups or regions, including
through collaborations with historically Black
colleges and universities, Tribal Colleges or
Universities, minority-serving institutions,
and minority-owned and women-owned business,
and;
(vi) a description of the efforts
undertaken by the Foundation to ensure maximum
complementarity and minimum redundancy with
investments made by the Department.
(E) Annual report.--Not later than 1 year after the
date on which the Foundation is established, and every
years thereafter, the Foundation shall submit to the
Committee on Energy and Natural Resources of the
Senate, the Committee on Science, Space, and Technology
of the House of Representatives, and the Secretary a
report that, for the year covered by the report--
(i) describes the activities of the
Foundation and the progress of the Foundation
in furthering the purposes of the Foundation
described in paragraph (3);
(ii) provides a specific accounting of the
source and use of all funds made available to
the Foundation to carry out those activities to
ensure transparency in the alignment of
Department missions and policies with national
security;
(iii) describes how the results of the
activities of the Foundation could be
incorporated into the procurement processes of
the General Services Administration; and
(iv) includes a summary of each evaluation
conducted using the evaluation methodology
described in paragraph (4)(I).
(F) Evaluation by comptroller general.--Not later
than 5 years after the date on which the Foundation is
established, the Comptroller General of the United
States shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives--
(i) an evaluation of--
(I) the extent to which the
Foundation is achieving the mission of
the Foundation; and
(II) the operation of the
Foundation; and
(ii) any recommendations on how the
Foundation may be improved.
(G) Audits.--The Foundation shall--
(i) provide for annual audits of the
financial condition of the Foundation; and
(ii) make the audits, and all other
records, documents, and papers of the
Foundation, available to the Secretary and the
Comptroller General of the United States for
examination or audit.
(H) Separate fund accounts.--The Board shall ensure
that any funds received under paragraph (11)(A) are
held in a separate account from any other funds
received by the Foundation.
(I) Integrity.--
(i) In general.--To ensure integrity in the
operations of the Foundation, the Board shall
develop and enforce procedures relating to
standards of conduct, financial disclosure
statements, conflicts of interest (including
recusal and waiver rules), audits, and any
other matters determined appropriate by the
Board.
(ii) Financial conflicts of interest.--To
mitigate conflicts of interest and risks from
malign foreign influence, any individual who is
an officer, employee, or member of the Board is
prohibited from any participation in
deliberations by the Foundation of a matter
that would directly or predictably affect any
financial interest of--
(I) the individual;
(II) a relative (as defined in
section 109 of the Ethics in Government
Act of 1978 (5 U.S.C. App.)) of that
individual; or
(III) a business organization or
other entity in which the individual
has an interest, including an
organization or other entity with which
the individual is negotiating
employment.
(J) Intellectual property.--The Board shall adopt
written standards to govern the ownership and licensing
of any intellectual property rights developed by the
Foundation or derived from the collaborative efforts of
the Foundation.
(K) Liability.--
(i) In general.--The United States shall
not be liable for any debts, defaults, acts, or
omissions of--
(I) the Foundation;
(II) a Federal entity with respect
to an agreement of that Federal entity
with the Foundation; or
(III) an Individual Laboratory-
Associated Foundation with respect to
an agreement of that Federal entity
with the Foundation.
(ii) Full faith and credit.--The full faith
and credit of the United States shall not
extend to any obligations of the Foundation.
(L) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation or an Individual Laboratory-Associated
Foundation.
(6) Department collaboration.--
(A) National laboratories.--The Secretary shall
collaborate with the Foundation to develop a process to
ensure collaboration and coordination between the
Department, the Foundation, and National Laboratories--
(i) to streamline contracting processes
between National Laboratories and the
Foundation, including by--
(I) streamlining the ability of the
Foundation to transfer equipment and
funds to National Laboratories;
(II) standardizing contract
mechanisms to be used by the Foundation
in engaging with National Laboratories;
and
(III) streamlining the ability of
the Foundation to fund endowed
positions at National Laboratories;
(ii) to allow a National Laboratory or site
of a National Laboratory--
(I) to accept and perform work for
the Foundation, consistent with
provided resources, notwithstanding any
other provision of law governing the
administration, mission, use, or
operations of the National Laboratory
or site, as applicable; and
(II) to perform that work on a
basis equal to other missions at the
National Laboratory; and
(iii) to permit the director of any
National Laboratory or site of a National
Laboratory to enter into a cooperative research
and development agreement or negotiate a
licensing agreement with the Foundation
pursuant to section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(B) Department liaisons.--The Secretary shall
appoint liaisons from across the Department to
collaborate and coordinate with the Foundation,
including not less than 1 liaison from the Office of
Technology Transitions, who shall ensure that the
Foundation works in conjunction with and does not
duplicate existing activities and programs carried out
by the Department, including the Technology
Commercialization Fund of the Department.
(C) Administration.--The Secretary shall leverage
appropriate arrangements, contracts, and directives to
carry out the process developed under subparagraph (A).
(7) National security.--Nothing in this subsection exempts
the Foundation from any national security policy of the
Department.
(8) Support services.--The Secretary may provide
facilities, utilities, and support services to the Foundation
if it is determined by the Secretary to be advantageous to the
research programs of the Department.
(9) Preemption of authority.--This subsection shall not
preempt any authority or responsibility of the Secretary under
any other provision of law.
(10) Transfer funds.--The Foundation may transfer funds to
the Department, which shall be subject to all applicable
Federal limitations relating to federally funded research.
(11) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated--
(i) not less than $1,500,000 shall be for
the Secretary for fiscal year 2023 to establish
the Foundation;
(ii) not less than $30,000,000 shall be for
the Foundation for fiscal year 2024 to carry
out the activities of the Foundation; and
(iii) not less than $3,000,000 shall be for
the Foundation for each of the fiscal years
2025 through 2027 for administrative and
operational costs.
(B) Limitation.--None of the funds authorized to be
appropriated to the Secretary by subparagraph (A)(i) of
this paragraph shall be used for construction.
(C) Cost share.--Funds made available under
subparagraph (A)(ii) shall be required to be cost-
shared by a partner of the Foundation other than the
Department or a National Laboratory.
(c) National Energy Technology Laboratory-associated Foundation.--
(1) Establishment.--
(A) In general.--The National Energy Technology
Laboratory may establish, or enter into an agreement
with a nonprofit organization to establish, a Federal
Laboratory-Associated Foundation (referred to in this
subsection as a ``Laboratory Foundation'') to support
the mission of the National Energy Technology
Laboratory.
(B) Not agency or instrumentality.--A Laboratory
Foundation shall not be an agency or instrumentality of
the Federal Government.
(C) Governance structure.--A Laboratory Foundation
established under subparagraph (A) shall have a
separate governance structure from, and shall be
managed independently of, the National Energy
Technology Laboratory.
(2) Activities.--Activities of a Laboratory Foundation may
include--
(A) conducting support studies, competitions,
projects, research, and other activities that further
the purpose of the Laboratory Foundation;
(B) carrying out programs to foster collaboration
and partnership among researchers from the Federal
Government, State governments, institutions of higher
education, federally funded research and development
centers, and industry and nonprofit organizations
relating to the research, development, and
commercialization of federally supported technologies;
(C) carrying out programs to leverage technologies
to support new product development that supports
regional economic development;
(D) administering prize competitions--
(i) to accelerate private sector
competition and investment; and
(ii) that complement the use of prize
authority by the Department;
(E) providing fellowships and grants to research
and development personnel at, or affiliated with,
federally funded centers, in accordance with paragraph
(3);
(F) carrying out programs--
(i) that allow scientists from foreign
countries to serve in research capacities in
the United States or other countries in
association with the National Energy Technology
Laboratory;
(ii) that provide opportunities for
employees of the National Energy Technology
Laboratory to serve in research capacities in
foreign countries;
(iii) to conduct studies, projects, or
research in collaboration with national and
international nonprofit and for-profit
organizations, which may include the provision
of stipends, travel, and other support for
personnel;
(iv)(I) to hold forums, meetings,
conferences, courses, and training workshops
that may include undergraduate, graduate, post-
graduate, and post-doctoral accredited courses;
and
(II) for the accreditation of those courses
by the Laboratory Foundation at the State and
national level for college degrees or
continuing education credits;
(v) to support and encourage teachers and
students of science at all levels of education;
(vi) to promote an understanding of science
amongst the general public;
(vii) for writing, editing, printing,
publishing, and vending of relevant books and
other materials; and
(viii) for the conduct of other activities
to carry out and support the purpose of the
Laboratory Foundation; and
(G) receiving, administering, soliciting,
accepting, and using funds, gifts, devises, or
bequests, either absolutely or in trust of real or
personal property or any income therefrom, or other
interest or equity therein for the benefit of, or in
connection with, the mission of the applicable Federal
laboratory, in accordance with paragraph (4).
(3) Fellowships and grants.--
(A) Selection.--Recipients of fellowships and
grants described in paragraph (2)(E) shall be
selected--
(i) by a Laboratory Foundation and the
donors to a Laboratory Foundation;
(ii) subject to the agreement of the head
of the agency the mission of which is supported
by a Laboratory Foundation; and
(iii) in the case of a fellowship, based on
the recommendation of the employees of the
National Energy Technology Laboratory at which
the fellow would serve.
(B) Expenses.--Fellowships and grants described in
paragraph (2)(E) may include stipends, travel, health
insurance, benefits, and other appropriate expenses.
(4) Gifts.--An amount of funds, a gift, a devise, or a
bequest described in paragraph (2)(G) may be accepted by a
Laboratory Foundation regardless of whether it is encumbered,
restricted, or subject to a beneficial interest of a private
person if any current or future interest of the funds, gift,
devise, or bequest is for the benefit of the research and
development activities of the National Energy Technology
Laboratory.
(5) Ownership by federal government.--A contribution, gift,
or any other transfer made to or for the use of a Laboratory
Foundation shall be regarded as a contribution, gift, or
transfer to or for the use of the Federal Government.
(6) Liability.--The United States shall not be liable for
any debts, defaults, acts, or omissions of a Laboratory
Foundation.
(7) Transfer of funds.--Notwithstanding any other provision
of law, a Laboratory Foundation may transfer funds to the
National Energy Technology Laboratory and the National Energy
Technology Laboratory may accept that transfer of funds.
(8) Other laws.--This subsection shall not alter or
supersede any other provision of law governing the authority,
scope, establishment, or use of nonprofit organizations by a
Federal agency.
Subtitle J--Energizing Technology Transfer
SEC. 10701. DEFINITIONS.
In this subtitle:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse gas
emissions, reduces emissions of other pollutants, or mitigates
other negative environmental consequences of energy production,
transmission or use.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Director.--The term ``Director'' means the Director of
each National Laboratory and the Director of each Department of
Energy single-purpose research facility.
(4) Economically distressed area.--The term ``economically
distressed area'' has the meaning described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(5) Grant.--The term ``grant'' means a grant award,
cooperative agreement award, or any other financial assistance
arrangement that the Secretary of Energy determines to be
appropriate.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965, as
amended (20 U.S.C. 1001).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
PART 1--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
SEC. 10713. NATIONAL CLEAN ENERGY INCUBATOR PROGRAM.
(a) Clean Energy Incubator Defined.--In this section, the term
``clean energy incubator''--
(1) means any entity that is designed to accelerate the
commercial application of clean energy technologies by
providing--
(A) physical workspace, labs, and prototyping
facilities to support clean energy startups or
established clean energy companies; or
(B) companies developing such technologies with
support, resources, and services, including--
(i) access to business education and
counseling;
(ii) mentorship opportunities; and
(iii) other services rendered for the
purpose of aiding the development and
commercial application of a clean energy
technology; and
(2) may include a program within or established by a
National Laboratory, an institution of higher education or a
State, territorial, local, or tribal government.
(b) Program Establishment.--Not later than 180 days after the
enactment of this Act, the Secretary, acting through the Chief
Commercialization Officer established in section 1001(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a Clean Energy
Incubator Program (herein referred to as the ``program'') to
competitively award grants to clean energy incubators.
(c) Clean Energy Incubator Selection.--In awarding grants to clean
energy incubators under subsection (b), the Secretary shall, to the
maximum extent practicable, prioritize funding clean energy incubators
that--
(1) partner with entities that carry out activities
relevant to the activities of such incubator and that operate
at the local, State, and regional levels;
(2) support the commercial application activities of
startup companies focused on physical hardware, computational,
or integrated hardware and software technologies;
(3) are located in geographically diverse regions of the
United States, such as the Great Lakes region;
(4) are located in, or partner with entities located in,
economically-distressed areas;
(5) support the development of entities focused on
expanding clean energy tools and technologies to rural, Tribal,
and low-income communities;
(6) support the commercial application of technologies
being developed by clean energy entrepreneurs from
underrepresented backgrounds; and
(7) have a plan for sustaining activities of the incubator
after grant funds received under this program have been
expended.
(d) Award Limits.--The Secretary shall not award more than
$4,000,000 to one or more incubators in one given State, per fiscal
year.
(e) Duration.--Each grant under subsection (b) shall be for a
period of no longer than 5 years, subject to the availability of
appropriations.
(f) Use of Funds.--An entity receiving a grant under this section
may use grant amounts for operating expenses.
(g) Renewal.--An award made to a clean energy incubator under this
section may be renewed for a period of not more than 3 years, subject
to merit review.
(h) Evaluation.--In accordance with section 9007 of division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation of the program
established under this section that includes analyses of the
performance of the clean energy incubators.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $15,000,000 for
each of fiscal years 2023 through 2027.
SEC. 10714. CLEAN ENERGY TECHNOLOGY UNIVERSITY PRIZE COMPETITION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit entity, an institution of higher education, or an
entity working with one or more institutions of higher
education.
(2) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(b) In General.--The Secretary shall establish a program, known as
the ``Clean Energy Technology University Prize'', to award funding for
eligible entities to carry out regional and one national clean energy
technology prize competitions, under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719). In carrying out
such prize competitions, students shall compete to develop a business
model for furthering the commercial application of an innovative clean
energy technology.
(c) Training Funding.--In carrying out this program, the Secretary
may provide funding to train participating students in skills needed
for the successful commercial application of clean energy technologies,
including through virtual training sessions.
(d) Prioritization.--In awarding grants under this section, the
Secretary shall prioritize awarding grants to eligible entities that
work with students at minority-serving institutions.
(e) Coordination.--In carrying out this program, the Secretary
shall coordinate and partner with other clean energy technology prize
competitions. In doing so, the Secretary may develop and disseminate
best practices for administering prize competitions under this section.
(f) Report.--In accordance with section 9007 of division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on the progress and implementation of
the program established under section (b).
(g) Evaluation.--In accordance with section 9007 of division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation on the long-term
outcomes of the program established under this section and the progress
towards achieving the purposes of the program in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $1,000,000 for each of fiscal years 2023 through 2027.
SEC. 10715. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.
(a) In General.--The Secretary, acting through the Chief
Commercialization Officer established in section 1001 (a) of the Energy
Policy Act of 2005 (42 U.S.C. 16391 (a)), shall support the
coordination of relevant technology transfer programs that advance the
commercial application of clean energy technologies nationally and
across all energy sectors. In particular, the Secretary may support
activities to--
(1) facilitate the sharing of information on best practices
for successful operation of clean energy technology transfer
programs;
(2) coordinate resources and improve cooperation among
clean energy technology transfer programs;
(3) facilitate connections between entrepreneurs and start-
up companies and the variety of programs related to clean
energy technology transfer under the Department; and
(4) facilitate the development of metrics to measure the
impact of clean energy technology transfer programs on--
(A) advancing the development, demonstration, and
commercial application of clean energy technologies;
(B) increasing the competitiveness of United States
in the clean energy sector, including in manufacturing;
and
(C) commercial application of clean energy
technologies being developed by entrepreneurs from
under-represented backgrounds.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities in this
section $3,000,000 for each of fiscal years 2023 through 2027.
PART 2--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL LABORATORIES
SEC. 10716. LAB PARTNERING SERVICE PILOT PROGRAM.
Section 9002 of division Z of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended by adding at the end the
following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $2,000,000 for each of fiscal years 2023
through 2025 to carry out subsections (a), (b), and (c), and $1,700,000
for each of fiscal years 2023 through 2025 for National Laboratory
employees to provide services under subsection (d).''.
SEC. 10717. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM.
(a) In General.--The Secretary shall competitively award grants to
National Laboratories for the purpose of establishing or supporting
Lab-Embedded Entrepreneurship Programs.
(b) Purposes.--The purposes of such programs are to provide
entrepreneurial fellows with access to National Laboratory research
facilities, National Laboratory expertise, and mentorship to perform
research and development and gain expertise that may be required or
beneficial for the commercial application of research ideas.
(c) Entrepreneurial Fellows.--An entrepreneurial fellow
participating in a program described in subsection (a) shall be
provided with--
(1) opportunities for entrepreneurial training,
professional development, and exposure to leaders from
academia, industry, government, and finance who may serve as
advisors to or partners of the fellow;
(2) financial and technical support for research,
development, and commercial application activities;
(3) fellowship awards to cover costs of living, health
insurance, and travel stipends for the duration of the
fellowship; and
(4) any other resources determined appropriate by the
Secretary.
(d) Program Activities.--Each National Laboratory that receives
funding under this section shall support entrepreneurial fellows by
providing--
(1) access to facilities and expertise within the National
Laboratory;
(2) engagement with external stakeholders; and
(3) market and customer development opportunities.
(e) Administration.--National Laboratories that receive grants
under this section shall prioritize the support and success of the
entrepreneurial fellow with regards to professional development and
development of a relevant technology.
(f) Partnerships.--In carrying out a Lab-Embedded Entrepreneurship
Program, a National Laboratory may partner with an external entity,
including--
(1) a nonprofit organization;
(2) an institution of higher education;
(3) a federally-owned corporation; or
(4) a consortium of 2 or more entities described in
paragraphs (1) through (3).
(g) Metrics.--The Secretary shall support the development of short-
term and long-term metrics to assess the effectiveness of programs
receiving a grant under subsection (a) in achieving the purposes of the
program in subsection (a).
(h) Evaluation.--In accordance with section 9007 of division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation of the effectiveness
of the programs under subsection (a) based on the metrics developed
pursuant to subsection (g).
(i) Coordination.--The Secretary shall oversee the planning and
coordination of grants under subsection (a) and shall identify and
disseminate best practices for achieving the purposes of subsection (a)
to National Laboratories that receive grants under this section.
(j) Interagency Collaboration.--The Secretary shall collaborate
with other executive branch agencies, including the Department of
Defense and other agencies with Federal laboratories, regarding
opportunities to partner with National Laboratories receiving a grant
under subsection (a).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $25,000,000 for each of fiscal years 2023 through 2027.
SEC. 10718. SMALL BUSINESS VOUCHER PROGRAM.
Section 1003 of the Energy Policy Act of 2005 (42 U.S.C. 16393) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``, and may require the Director of a single-
purpose research facility,'' and inserting ``(as
defined in section 2) and the Director of each single-
purpose research facility'';
(B) in paragraph (1)--
(i) by striking ``increase'' and inserting
``encourage''; and
(ii) by striking ``collaborative
research,'' and inserting ``research,
development, demonstration, and commercial
application activities, including product
development,'';
(C) in paragraph (2), by striking ``procurement and
collaborative research'' and inserting ``the activities
described in paragraph (1)'';
(D) in paragraph (3)--
(i) by inserting ``facilities,'' before
``training''; and
(ii) by striking ``procurement and
collaborative research activities'' and
inserting ``the activities described in
paragraph (1)''; and
(E) in paragraph (5), by striking ``for the program
under subsection (b)'' and inserting ``and metrics for
the programs under subsections (b) and (c)'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Small Business Voucher Program.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means--
``(i) the Director of each National
Laboratory; and
``(ii) the Director of each single-purpose
research facility.
``(B) National laboratory.--The term `National
Laboratory' has the meaning given the term in section
2.
``(C) Program.--The term `program' means the
program established under paragraph (2).
``(D) Small business concern.--The term `small
business concern' has the meaning given such term in
section 3 of the Small Business Act (15 U.S.C. 632).
``(2) Establishment.--The Secretary, acting through the
Chief Commercialization Officer appointed under section
1001(a), and in consultation with the Directors, shall
establish a program to provide small business concerns with
vouchers under paragraph (3)--
``(A) to achieve the goal described in subsection
(a)(1); and
``(B) to improve the products, services, and
capabilities of small business concerns in the mission
space of the Department.
``(3) Vouchers.--Under the program, the Directors are
authorized to provide to small business concerns vouchers to be
used at National Laboratories and single-purpose research
facilities for--
``(A) research, development, demonstration,
technology transfer, skills training and workforce
development, or commercial application activities; or
``(B) any other activities that the applicable
Director determines appropriate.
``(4) Expedited approval.--The Secretary, working with the
Directors, shall establish a stream-lined approval process for
financial assistance agreements signed between--
``(A) small business concerns selected to receive a
voucher under the program; and
``(B) the National Laboratories and single-purpose
research facilities.
``(5) Cost-sharing requirement.--In carrying out the
program, the Secretary shall require cost-sharing in accordance
with section 988.
``(6) Report.--In accordance with section 9007 of division
Z of the Consolidated Appropriations Act, 2021 (Public Law 116-
260), the Secretary shall report annually on the progress and
implementation of the small business voucher program
established under this section, including the number and
locations of small businesses that received grants under this
program.''; and
(4) in subsection (e) (as so redesignated), by striking
``for activities under this section'' and inserting ``for
activities under subsection (b)'' and inserting before the
period at the end ``and for activities under subsection (c)
$25,000,000 for each of fiscal years 2023 through 2027''.
SEC. 10719. ENTREPRENEURIAL LEAVE PROGRAM.
(a) In General.--The Secretary shall delegate to Directors the
authority to carry out an entrepreneurial leave program (referred to in
this section as the ``program'') to allow National Laboratory employees
to take a full leave of absence from their position, with the option to
return to that or a comparable position up to 3 years later, or a
partial leave of absence, to advance the commercial application of
energy and related technologies relevant to the mission of the
Department.
(b) Termination Authority.--Directors shall retain the authority to
terminate National Laboratory employees that participate in the program
if such employees are found to violate terms prescribed by the National
Laboratory at which such employee is employed.
(c) Licensing.--To reduce barriers to participation in the program,
the Secretary shall delegate to the Directors the requirement to
establish streamlined mechanisms for facilitating the licensing of
technology that is the focus of National Laboratory employees who
participate in the program.
(d) Report.--In accordance with section 9007 of division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on the utilization of this authority at
National Laboratories, including the number of employees who
participate in this program at each National Laboratory and the number
of employees who take a permanent leave from their positions at
National Laboratories as a result of participating in this program.
(e) Federal Ethics.--Nothing in this section shall affect existing
Federal ethics rules applicable to Federal personnel.
SEC. 10720. NATIONAL LABORATORY NON-FEDERAL EMPLOYEE OUTSIDE EMPLOYMENT
AUTHORITY.
(a) In General.--The Secretary shall delegate to Directors of
National Laboratories the authority to allow their non-Federal
employees--
(1) to engage in outside employment, including start-up
companies based on licensing technologies developed at National
Laboratories and consulting in their areas of expertise, and
receive compensation from such entities; and
(2) to engage in outside activities related to their areas
of expertise at the National Laboratory and may allow
employees, in their employment capacity at such outside
employment, to access the National Laboratories under the same
contracting mechanisms as non-Laboratory employees and
entities, in accordance with appropriate conflict of interest
protocols.
(b) Requirements.--If a Director elects to use the authority
granted by subsection (a) of this section, the Director, or their
designee, shall--
(1) require employees to disclose to and obtain approval
from the Director or their designee prior to engaging in any
outside employment;
(2) develop and require appropriate conflict of interest
protocols for employees that engage in outside employment;
(3) maintain the authority to terminate employees engaging
in outside employment if they are found to violate terms,
including conflict of interest protocols, mandated by the
Director; and
(4) ensure that any such programs or activities are in
conformance with the Department's research security policies,
including DOE Order 486.1.
(c) Additional Restrictions.--Employees engaging in outside
employment may not--
(1) allow such activities to interfere with or impede their
duties at the National Laboratory;
(2) engage in activities related to outside employment
using National Laboratory government equipment, property, or
resources, unless such activities are performed under National
Laboratory contracting mechanisms, such as Cooperative Research
and Development Agreements or Strategic Partnership Projects,
whereby all conflicts of interest requirements apply; or
(3) use their position at a National Laboratory to provide
an unfair competitive advantage to an outside employer or
start-up activity.
(d) Federal Ethics.--Nothing in this section shall affect existing
Federal ethics rules applicable to Federal personnel.
PART 3--DEPARTMENT OF ENERGY MODERNIZATION
SEC. 10722. OFFICE OF TECHNOLOGY TRANSITIONS.
Section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391)
is amended by adding at the end the following:
``(6) Hiring and management.--To carry out the program
authorized in this section, the Under Secretary for Science may
appoint personnel using the authorities in section 10726 of the
Research and Development, Competition, and Innovation Act.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out the
activities authorized in this section $20,000,000 for each of
fiscal years 2023 through 2027.''.
SEC. 10723. MANAGEMENT OF DEPARTMENT OF ENERGY DEMONSTRATION PROJECTS.
Section 41201 of the Infrastructure Investment and Jobs Act (42
U.S.C. 18861) is amended--
(1) in subsection (b), by inserting ``including the Office
of Technology Transitions, the Loan Program Office, and all
applied program offices,'' after ``Department,'';
(2) in subsection (d), by inserting ``, including by using
the authorities in section 10726 of the Research and
Development, Competition, and Innovation Act,'' after
``personnel'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(4) by adding after subsection (d) the following:
``(e) Additional Authority.--The Secretary may solicit, select, and
manage covered projects directly through the program.
``(f) Project Termination.--Should an ongoing covered project
receive an unfavorable review under subsection (c)(5), the Secretary or
their designee may cease funding the covered project and reallocate the
remaining funds to new or existing covered projects carried out by that
program office.''; and
(5) in subsection (h)(1) (as so redesignated), by striking
``The Secretary'' and inserting ``In accordance with section
9007 of division Z of the Consolidated Appropriations Act, 2021
(Public Law 116-260), the Secretary''.
SEC. 10724. STREAMLINING PRIZE COMPETITIONS.
(a) Reporting.--Section 1008 of the Energy Policy Act of 2005 (42
U.S.C. 16396) is amended by adding at the end the following:
``(h) Report.--In accordance with section 9007 of division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on a description of any prize
competitions carried out using the authority under this section, the
total amount of prizes awarded along with any private sector
contributions, the methods used for solicitation and evaluation, and a
description of how each prize competition advanced the mission of the
Department.''.
(b) Technical Amendment.--Section 1008 of the Energy Policy Act of
2005 (42 U.S.C. 16396) is amended by redesignating the second
subsection (e) (relating to authorization of appropriations) as
subsection (f).
SEC. 10725. COST-SHARE WAIVER EXTENSION.
(a) In General.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) is amended in subsection (b)(4)(B) by striking ``this
paragraph'' and inserting ``the Research and Development, Competition,
and Innovation Act''.
(b) Report.--Section 108(b) of the Department of Energy Research
and Innovation Act is amended in subsection (b) by striking ``this
Act'' each place it appears and inserting ``the Research and
Development, Competition, and Innovation Act''.
SEC. 10726. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, ENGINEERING, AND
PROJECT MANAGEMENT PERSONNEL.
(a) In General.--The Under Secretary for Science shall have the
authority to--
(1) make appointments of not more than 60 scientific,
engineering, and professional personnel, without regard to
civil service laws, to assist the Department in meeting
specific project or research needs;
(2) fix the basic pay of any employee appointed under this
section at a rate to be determined by the Under Secretary at
rates not in excess of Level II of the Executive Schedule (EX-
II) under section 5311 of title 5, United States Code without
regard to the civil service laws; and
(3) pay any employee appointed under this section payments
in addition to basic pay, except that the total amount of
additional payments paid to an employee under this subsection
for any 12-month period shall not exceed the lesser of the
following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the annual
rate of basic pay of that employee.
(C) The amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
(b) Term.--
(1) In general.--The term of any employee appointed under
this section shall not exceed 3 years unless otherwise
authorized in law.
(2) Termination.--The Under Secretary for Science shall
have the authority to terminate any employee appointed under
this section at any time based on performance or changing
project or research needs of the Department.
SEC. 10727. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.
Section 9007 of division Z of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended as follows:
``(a) Annual Report.--As part of the updated technology transfer
execution plan required each year under section 1001(h)(2) of the
Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)), the Secretary of
Energy (in this section referred to as the `Secretary') shall submit to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the progress and implementation of programs
established under sections 9001, 9002, 9003, 9004, and 9005 of this Act
and under sections 10714, 10718, 10719, 10720, and 10723 of the
Research and Development, Competition, and Innovation Act.
``(b) Evaluation.--Not later than 3 years after the enactment of
this Act and every 3 years thereafter the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate an evaluation on the extent to which programs established
under sections 9001, 9002, 9003, 9004, and 9005 of this Act and
sections 10713, 10714, 10715, and 10717 of the Research and
Development, Competition, and Innovation Act are achieving success
based on relevant short-term and long-term metrics.''.
Subtitle K--Micro Act
SEC. 10731. MICROELECTRONICS RESEARCH FOR ENERGY INNOVATION.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means a Microelectronics
Science Research Center established pursuant to subsection (d).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Director.--The term ``Director'' means the Director of
the Office of Science.
(4) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(6) Microelectronics.--The term ``microelectronics''
means--
(A) a semiconductor and related materials;
(B) processing chemistries;
(C) design technologies;
(D) fabrication technologies;
(E) lithography technologies;
(F) packaging technologies;
(G) a sensor;
(H) a device;
(I) an integrated circuit;
(J) a processor;
(K) computing architecture;
(L) modeling and simulation;
(M) a software tool; and
(N) any other related technology.
(7) Minority-serving institution.--The term ``minority-
serving institution'' means--
(A) a Hispanic-serving institution (as defined in
section 502(a) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)));
(B) an Alaska Native-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b)));
(C) a Native Hawaiian-serving institution (as
defined in that section);
(D) a Predominantly Black Institution (as defined
in section 371(c) of the Higher Education Act of 1965
(20 U.S.C. 1067q(c)));
(E) an Asian American and Native American Pacific
Islander-serving institution (as defined in that
section); and
(F) a Native American-serving nontribal institution
(as defined in that section).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(9) Program.--The term ``program'' means the program
established under subsection (c)(1).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Skilled technical workforce.--The term ``skilled
technical workforce'' has the meaning given the term in section
4(b)(3) of the Innovations in Mentoring, Training, and
Apprenticeships Act (42 U.S.C. 1862p note; Public Law 115-402).
(12) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(13) Work-based learning.--The term ``work-based learning''
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(b) Findings.--Congress finds that--
(1) the coming end of Moore's Law presents major
technological challenges and opportunities for the United
States and has important implications for national security,
economic competitiveness, and scientific discovery;
(2) future progress and innovation in microelectronics, and
the maintenance of a robust domestic microelectronics supply
chain, will require an approach that advances relevant
materials science, electronic and photonic device technologies,
processing and packaging technologies, manufacturing
technologies, circuit, chip, and system architecture, and
software system and algorithm development in a codesign
fashion;
(3) the National Laboratories possess unique technical
expertise and user facilities that are essential to--
(A) overcoming foundational research challenges
relevant to the topics described in paragraph (2); and
(B) translating and transferring research outcomes
to industry; and
(4) the expertise and user facilities of the National
Laboratories described in paragraph (3) will enable the
Department to drive advances in microelectronics that are
essential to meeting future needs in areas critical to the
missions of the Department and the future competitiveness of
the domestic microelectronics industry, including high-
performance computing, emerging data-centric computing
approaches and energy-efficient computing, optical sensors,
sources, and wireless networks, and power electronics and
electricity delivery systems.
(c) Microelectronics Research Program.--
(1) In general.--The Secretary shall carry out a
crosscutting program of research, development, and
demonstration of microelectronics relevant to the missions of
the Department to enable advances and breakthroughs that will--
(A) accelerate underlying research and development
for design, development, and manufacturability of next-
generation microelectronics; and
(B) ensure the global competitiveness of the United
States in the field of microelectronics.
(2) Research projects.--
(A) In general.--In carrying out the program, the
Secretary shall provide financial assistance to
eligible entities described in subparagraph (B) to
carry out research projects in--
(i) foundational science areas, including--
(I) materials sciences, chemical
sciences, and plasma science synthesis
and fabrication;
(II) novel microelectronics
devices, including emerging memory and
storage technologies;
(III) diverse computing
architectures and paradigms, including
analog computing and edge computing;
(IV) data-driven modeling and
simulation;
(V) integrated sensing, power
harvesting, and communications;
(VI) component integration and
subsystems;
(VII) photonic integration and
packaging; and
(VIII) development of codesign
frameworks for all stages of
microelectronics design, development,
fabrication, and application;
(ii) cybersecurity by design to result in
trusted and resilient microelectronics;
(iii) methods for leveraging advanced
simulation and artificial intelligence to
enhance codesign and discovery in
microelectronics;
(iv) in consultation with the National
Institute of Standards and Technology,
fabrication and processing science and
metrology associated with microelectronics
manufacturing, including lithography,
patterning, surface deposition, etching, and
cleaning;
(v) approaches for optimizing system-level
energy efficiency of advanced computing
systems, the electrical grid, power
electronics, and other energy infrastructure;
(vi) approaches for enhancing the
durability and lifetime of radiation-hardened
electronics;
(vii) enhancement of microelectronics
security, including the development of
integrated devices, packages, and thermal
management for severe environments and national
security;
(viii) in coordination with other relevant
initiatives of the Department, methods to
improve the lifetime, maintenance, recycling,
reuse, and sustainability of microelectronics
components and systems, including technologies
and strategies that reduce the use of energy,
water, critical materials, and other
commodities that the Secretary determines are
vulnerable to disruption; and
(ix) methods and techniques for domestic
processing of materials for microelectronics
and components of microelectronics.
(B) Eligible entities.--An eligible entity referred
to in subparagraph (A) is--
(i) an institution of higher education,
including a historically Black college or
university, a Tribal College or University, and
a minority-serving institution;
(ii) a nonprofit research organization;
(iii) a State research agency;
(iv) a National Laboratory;
(v) a private commercial entity;
(vi) a partnership or consortium of 2 or
more entities described in clauses (i) through
(v); and
(vii) any other entity that the Secretary
determines appropriate.
(C) Notification.--Not later than 30 days after the
Secretary provides financial assistance to an eligible
entity under subparagraph (A), the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a
notification of the financial assistance provided,
including--
(i) the criteria used by the Secretary to
select the eligible entity receiving the
financial assistance;
(ii) the manner in which the criteria
described in clause (i) comport with the
purposes of the program described in paragraph
(1); and
(iii) a description of the research project
that the eligible entity will carry out using
the financial assistance.
(3) Technology transfer.--In carrying out the program, the
Secretary, in coordination with the Director of the Office of
Technology Transitions and in consultation with the private
sector, shall--
(A) support translational research and transfer of
microelectronics technologies; and
(B) identify emerging research and development
needs of industry and government for the benefit of
United States economic competitiveness.
(4) Workforce development.--In carrying out the program,
the Secretary shall support--
(A) workforce development through existing
authorities and mechanisms available to the Department,
including internships, fellowships, individual
investigator grants, and other activities the Secretary
determines appropriate; and
(B) in consultation with the National Science
Foundation, as appropriate, education and outreach
activities--
(i) to disseminate information and promote
understanding of microelectronics and related
fields among students at elementary school,
secondary school, high school, undergraduate,
and graduate levels; and
(ii) that may include educational
programming with an emphasis on experiential
and project-based learning.
(5) Outreach.--The Secretary shall conduct outreach to
recruit applicants to the program and engage participants from
all regions of the United States, especially individuals from
underserved communities and groups historically
underrepresented in science, technology, engineering, and
mathematics.
(6) Coordination.--In carrying out the program, the
Secretary shall--
(A) coordinate across all relevant programs and
offices of the Department; and
(B) coordinate the research carried out under the
program relating to microelectronics with activities
carried out by other Federal agencies and programs
relating to microelectronics research, development,
manufacturing, and supply chain security, including the
programs authorized under subsections (c) through (f)
of section 9906 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(15 U.S.C. 4656).
(7) Report.--Not later than 180 days 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 Science, Space, and Technology of the House of
Representatives a report describing the goals, priorities, and
anticipated outcomes of the program.
(8) Funding.--There are authorized to be appropriated to
the Secretary to carry out this subsection--
(A) $75,000,000 for fiscal year 2023;
(B) $100,000,000 for fiscal year 2024;
(C) $100,000,000 for fiscal year 2025;
(D) $100,000,000 for fiscal year 2026; and
(E) $100,000,000 for fiscal year 2027.
(d) Microelectronics Science Research Centers.--
(1) In general.--In carrying out the program, subject to
the availability of appropriations, the Director shall
establish not more than 4 Microelectronics Science Research
Centers, each comprising 1 or more eligible entities--
(A) to conduct mission-driven research to address
foundational challenges in the design, development,
characterization, prototyping, demonstration, and
fabrication of microelectronics; and
(B) to facilitate the translation of research
results to industry.
(2) Eligible entities.--An eligible entity referred to in
paragraph (1) is--
(A) a National Laboratory;
(B) an institution of higher education, including a
historically Black college or university, a Tribal
College or University, and a minority-serving
institution;
(C) a private commercial entity;
(D) a research center;
(E) a partnership or consortium of 2 or more
entities described in subparagraphs (A) through (D);
and
(F) any other entity that the Secretary determines
appropriate.
(3) Activities.--The activities of a Center shall include
research, development, and demonstration activities for--
(A) accelerating the development of new
microelectronics science and technology, including
materials, devices, circuits, systems, architectures,
fabrication tools, processes, diagnostics, modeling,
synthesis, and, in consultation with the National
Institute of Standards and Technology, metrology;
(B) advancing the sustainability and energy
efficiency of new microelectronics devices, packages,
and systems;
(C) application-driven codesign and prototyping of
novel devices to facilitate laboratory-to-fabrication
transition;
(D) advancing knowledge and experimental
capabilities in surface and materials science, plasma
science, and computational and theoretical methods,
including artificial intelligence, multiscale codesign,
and advanced supercomputing capabilities to invent and
manufacture revolutionary microelectronic devices;
(E) creating technology testbeds for prototyping
platforms for validation and verification of new
capabilities and sharing of ideas, intellectual
property, and the unique facilities of the Department;
(F) supporting development of cybersecurity
capabilities for computing architectures that
measurably improve safety and security and are
adaptable for existing and future applications; and
(G) supporting long-term and short-term workforce
development in microelectronics.
(4) Request for proposals; merit review.--
(A) In general.--The Director shall, at such time,
in such manner, and containing such information as the
Director determines to be appropriate, issue a request
for proposals from eligible entities described in
paragraph (2) seeking to be designated as a Center.
(B) Competitive merit review.--The Director shall
select eligible entities under subparagraph (A) through
a competitive, merit-based process.
(5) Operation.--
(A) Duration.--
(i) In general.--Each Center shall operate
for a period of not more than 5 years, unless
renewed for an additional 5-year period in
accordance with clause (ii).
(ii) Renewal.--
(I) Initial renewal.--In the case
of a Center that has operated for not
more than 5 years, the Director may
renew support for the Center on a
merit-reviewed basis for a period of
not more than 5 years.
(II) 10-year operation.--In the
case of a Center that has operated for
not less than 5 years but not more than
10 years, the Director may renew
support for the Center on a
competitive, merit-reviewed basis for a
period of not more than 5 years.
(III) 15-year operation.--In the
case of a Center that has operated for
not less than 10 years but not more
than 15 years, the Director may renew
support for the Center on a merit-
reviewed basis for a period of not more
than 5 years.
(B) Termination.--Consistent with the existing
authorities of the Department, the Director may
terminate an underperforming Center during the
performance period.
(6) Technology transfer.--The Director, in coordination
with the Director of the Office of Technology Transitions,
shall seek to enter into partnerships with industry groups to
facilitate the translation and transfer of research results
produced by the Centers.
(7) Coordination.--The Secretary shall--
(A) establish a coordinating network to coordinate
cross-cutting research and foster communication and
collaboration among the Centers; and
(B) ensure coordination, and avoid unnecessary
duplication, of the activities of each Center with the
activities of--
(i) other research entities of the
Department, including--
(I) the Nanoscale Science Research
Centers;
(II) the National Quantum
Information Science Research Centers;
(III) the Energy Frontier Research
Centers;
(IV) the Energy Innovation Hubs;
(V) the National Laboratories; and
(VI) other offices of the
Department;
(ii) the National Semiconductor Technology
Center established under section 9906(c)(1) of
the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021
(15 U.S.C. 4656(c)(1));
(iii) institutions of higher education;
(iv) industry; and
(v) relevant research activities carried
out by other Federal agencies.
(8) Workforce development.--Each Center shall support
workforce development through--
(A) incorporation of undergraduate students,
postdoctoral fellows, graduate students, and early
career researchers, as well as elementary school,
secondary school, and high school students, through
opportunities such as dual-enrollment programs and
work-based learning programs, as applicable;
(B) hands-on research and equipment training
programs;
(C) technical training and certificate programs for
the skilled technical workforce;
(D) facilitation of engagement among academic,
industry, and laboratory researchers; and
(E) public outreach activities, including to
students at elementary school, secondary school, high
school, undergraduate, and graduate levels, which may
include educational programming with an emphasis on
experiential and project-based learning.
(9) Outreach.--The Director shall support the workforce
development of Centers under paragraph (8) by conducting
outreach to recruit applicants and engage participants from all
regions of the United States, especially individuals from
underserved communities and groups historically
underrepresented in science, technology, engineering, and
mathematics.
(10) Intellectual property.--The Secretary shall ensure
that the intellectual property and value proposition created by
the Centers are retained within the United States.
(11) Notification.--
(A) Definition of covered determination.--In this
paragraph, the term ``covered determination'' means a
determination of the Secretary--
(i) to establish a Center under paragraph
(1);
(ii) to renew support for a Center under
paragraph (5)(A)(ii); or
(iii) to terminate a Center under paragraph
(5)(B).
(B) Notification.--Not later than 30 days after the
Secretary makes a covered determination, the Secretary
shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a
notification of the covered determination, including--
(i) the criteria used by the Secretary to
make the covered determination; and
(ii) the manner in which the criteria
described in clause (i) comport with the
purposes of the program described in paragraph
(1).
(12) Funding.--Subject to the availability of
appropriations, the Secretary shall use not more than
$25,000,000 to fund each Center for each of fiscal years 2023
through 2027.
Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
SEC. 10741. SHORT TITLE.
This subtitle may be cited as the ``National Nuclear University
Research Infrastructure Reinvestment Act of 2021''.
SEC. 10742. PURPOSES.
The purposes of this subtitle are--
(1) to upgrade the nuclear research capabilities of
universities in the United States to meet the research
requirements of advanced nuclear energy systems;
(2) to ensure the continued operation of university
research reactors;
(3) to coordinate available resources to enable the
establishment, including the start and efficient completion of
construction, of new nuclear science and engineering
facilities; and
(4) to support--
(A) workforce development critical to maintaining
United States leadership in nuclear science and
engineering and related disciplines; and
(B) the establishment or enhancement of nuclear
science and engineering capabilities and other, related
capabilities at historically Black colleges and
universities, Tribal colleges or universities,
minority-serving institutions, EPSCoR universities,
junior or community colleges, and associate-degree-
granting colleges.
SEC. 10743. UNIVERSITY INFRASTRUCTURE COLLABORATION.
Section 954(a) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)) is amended--
(1) in paragraph (2) by amending subparagraph (D) to read
as follows:
``(D) promote collaborations, partnerships, and
knowledge sharing between institutions of higher
education, National Laboratories, other Federal
agencies, industry, and associated labor unions; and''.
(2) by amending paragraph (4) to read as follow:
``(4) Strengthening university research and training
reactors and associated infrastructure.--
``(A) In general.--In carrying out the program
under this subsection, the Secretary may support--
``(i) converting research reactors from
high-enrichment fuels to low-enrichment fuels
and upgrading operational instrumentation;
``(ii) revitalizing and upgrading existing
nuclear science and engineering infrastructure
that support the development of advanced
nuclear technologies and applications;
``(iii) regional or subregional university-
led consortia to--
``(I) broaden access to university
research reactors;
``(II) enhance existing university-
based nuclear science and engineering
infrastructure; and
``(III) provide project management,
technical support, quality engineering
and inspections, manufacturing, and
nuclear material support;
``(iv) student training programs, in
collaboration with the United States nuclear
industry, in relicensing and upgrading
reactors, including through the provision of
technical assistance; and
``(v) reactor improvements that emphasize
research, training, and education, including
through the Innovations in Nuclear
Infrastructure and Education Program or any
similar program.
``(B) Of any amounts appropriated to carry out the
program under this subsection, there is authorized to
be appropriated to the Secretary to carry out clauses
(ii) and (iii) of subparagraph (A) $55,000,000 for each
of fiscal years 2023 through 2027.''.
SEC. 10744. ADVANCED NUCLEAR RESEARCH INFRASTRUCTURE ENHANCEMENT
SUBPROGRAM.
Section 954(a) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)), as amended by section 3, is further amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(2) by inserting after paragraph (4) the following:
``(5) Advanced nuclear research infrastructure
enhancement.--
``(A) In general.--The Secretary shall carry out a
subprogram to be known as the Advanced Nuclear Research
Infrastructure Enhancement Subprogram in order to--
``(i) demonstrate various advanced nuclear
reactor and nuclear microreactor concepts;
``(ii) establish medical isotope production
reactors or other specialized applications; and
``(iii) advance other research
infrastructure that, in the determination of
the Secretary, is consistent with the mission
of the Department.
``(B) New nuclear science and engineering
facilities.--In carrying out the subprogram, the
Secretary shall establish--
``(i) not more than 4 new research
reactors; and
``(ii) new nuclear science and engineering
facilities, as required to address research
demand and identified infrastructure gaps.
``(C) Locations.--New research reactors and
facilities established under subparagraph (B) shall be
established in a manner that--
``(i) supports the regional or subregional
consortia described in paragraph (4)(C); and
``(ii) encourages the participation of--
``(I) historically Black colleges
and universities;
``(II) Tribal colleges or
universities;
``(III) minority-serving
institutions;
``(IV) EPSCoR universities; and
``(V) junior or community colleges.
``(D) Fuel requirements.--New research reactors
established under subparagraph (B) shall not use high-
enriched uranium, as defined in section 2001 of
division Z of the Consolidated Appropriations Act of
2021.
``(E) Authorization of appropriations.--Of any
amounts appropriated to carry out the program under
this section, there are authorized to be appropriated
to the Secretary to carry out the subprogram under this
paragraph--
``(i) $45,000,000 for fiscal year 2023;
``(ii) $60,000,000 for fiscal year 2024;
``(iii) $65,000,000 for fiscal year 2025;
``(iv) $80,000,000 for fiscal year 2026;
and
``(v) $140,000,000 for fiscal year 2027.'';
and
(3) by amending paragraph (9), as redesignated by paragraph
(1) of this section, to read as follows:
``(9) Definitions.--In this subsection:
``(A) Junior faculty.--The term `junior faculty'
means a faculty member who was awarded a doctorate less
than 10 years before receipt of an award from the grant
program described in paragraph (2)(B).
``(B) Junior or community college.--The term
`junior or community college' means--
``(i) a public institution of high
education, including additional locations, at
which the highest awarded degree, or the
predominantly awarded degree, is an associate
degree; or
``(ii) any Tribal college or university (as
defined in section 316 of the Higher Education
Act of 1965 (20 U.S.C. 1059c)).
``(C) Epscor university.--The term `EPSCoR
university' means an institution of higher education
located in a State eligible to participate in the
program defined in section 502 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p note).
``(D) Historically black college or university.--
The term `historically Black college or university' has
the meaning given the term `part B institution' in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
``(E) Minority-serving institution.--The term
`minority-serving institution' means a Hispanic-serving
institution, an Alaska Native-serving institution, a
Native Hawaiian-serving institution, a Predominantly
Black Institution, an Asian American and Native
American Pacific Islander-serving institution, or a
Native American-serving nontribal institution as
described in section 371 of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
``(F) Tribal college or university.--The term
`Tribal College or University' has the meaning given
such term in section 316 of the Higher Education Act of
1965 (20 U.S.C. 1059c).''.
SEC. 10745. SCIENCE EDUCATION AND HUMAN RESOURCES SCHOLARSHIPS,
FELLOWSHIPS, AND RESEARCH AND DEVELOPMENT PROJECTS.
(a) In General.--The purpose of this section is to support a
diverse workforce for the complex landscape associated with effective
and equitable development of advanced nuclear energy technologies,
including interdisciplinary research to enable positive impacts and
avoid potential negative impacts across the lifespan of nuclear energy
technologies.
(b) Nontechnical Nuclear Research.--Section 313 of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 42 U.S.C. 16274a) is
amended--
(1) in subsection (b)(2), after ``engineering'', by
inserting ``, which may include nontechnical nuclear
research.'';
(2) in subsection (c), by inserting after paragraph (2) the
following:
``(3) Nontechnical nuclear research.--The term
`nontechnical nuclear research' means research with
specializations such as social sciences or law that can support
an increase in community engagement, participation, and
confidence in nuclear energy systems, including the navigation
of the licensing required for advanced reactor deployment,
aligned with the objectives in section 951(a)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(a)(2)).''; and
(3) in subsection (d)(1), by striking ``$30,000,000'' and
inserting ``$45,000,000''.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
SEC. 10751. LOW-EMISSIONS STEEL MANUFACTURING RESEARCH PROGRAM.
(a) Program.--Subtitle D of title IV of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111 et seq.) is amended by inserting
after section 454 the following:
``SEC. 454A. LOW-EMISSIONS STEEL MANUFACTURING RESEARCH PROGRAM.
``(a) Purpose.--The purpose of this section is to encourage the
research and development of innovative technologies aimed at--
``(1) increasing the technological and economic
competitiveness of industry and manufacturing in the United
States; and
``(2) achieving significant net nonwater greenhouse
emissions reductions in the production processes for iron,
steel, and steel mill products.
``(b) Definitions.--In this section:
``(1) Commercially available steelmaking.--The term
`commercially available steelmaking' means the current
production method of iron, steel, and steel mill products.
``(2) Critical material.--The term `critical material' has
the meaning given such term in section 7002 of division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260).
``(3) Critical mineral.--The term `critical mineral' has
the meaning given such term in section 7002 of division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) an institution of higher education;
``(B) an appropriate State or Federal entity,
including a federally funded research and development
center of the Department;
``(C) a nonprofit research institution;
``(D) a private entity;
``(E) any other relevant entity the Secretary
determines appropriate; and
``(F) a partnership or consortium of two or more
entities described in subparagraphs (A) through (E).
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(6) Low-emissions steel manufacturing.--The term `low-
emissions steel manufacturing' means advanced or commercially
available steelmaking with the reduction, to the maximum extent
practicable, of net nonwater greenhouse gas emissions to the
atmosphere from the production of iron, steel, and steel mill
products.
``(c) In General.--Not later than 180 days after the date of
enactment of the Research and Development, Competition, and Innovation
Act, the Secretary shall establish a program of research, development,
demonstration, and commercial application of advanced tools,
technologies, and methods for low-emissions steel manufacturing.
``(d) Requirements.--In carrying out the program under subsection
(c), the Secretary shall--
``(1) coordinate this program with the programs and
activities authorized in title VI of division Z of the
Consolidated Appropriations Act, 2021;
``(2) coordinate across all relevant program offices of the
Department, including the Office of Science, Office of Energy
Efficiency and Renewable Energy, the Office of Fossil Energy,
and the Office of Nuclear Energy;
``(3) leverage, to the extent practicable, the research
infrastructure of the Department, including scientific
computing user facilities, x-ray light sources, neutron
scattering facilities, and nanoscale science research centers;
and
``(4) conduct research, development, and demonstration of
low-emissions steel manufacturing technologies that have the
potential to increase domestic production and employment in
advanced and commercially available steelmaking.
``(e) Strategic Plan.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall develop a 5-year strategic
plan identifying research, development, demonstration, and
commercial application goals for the program established in
subsection (c). The Secretary shall submit this plan to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(2) Contents.--The strategic plan submitted under
paragraph (1) shall--
``(A) identify programs at the Department related
to low-emissions steel manufacturing that support the
research, development, demonstration, and commercial
application activities described in this section, and
the demonstration projects under subsection (h);
``(B) establish technological and programmatic
goals to achieve the requirements of subsection (d);
and
``(C) include timelines for the accomplishment of
goals developed under the plan.
``(3) Updates to plan.--Not less than once every two years,
the Secretary shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate an
updated version of the plan under paragraph (1).
``(f) Focus Areas.--In carrying out the program established in
subsection (c), the Secretary shall focus on--
``(1) medium- and high-temperature heat generation
technologies used for low-emissions steel manufacturing, which
may include--
``(A) alternative fuels, including hydrogen and
biomass;
``(B) alternative reducing agents, including
hydrogen;
``(C) renewable heat generation technology,
including solar and geothermal;
``(D) electrification of heating processes,
including through electrolysis; and
``(E) other heat generation sources;
``(2) carbon capture technologies for advanced and
commercially available steelmaking processes, which may
include--
``(A) combustion and chemical looping technologies;
``(B) use of slag to reduce carbon dioxide
emissions;
``(C) pre-combustion technologies; and
``(D) post-combustion technologies;
``(3) smart manufacturing technologies and principles,
digital manufacturing technologies, and advanced data analytics
to develop advanced technologies and practices in information,
automation, monitoring, computation, sensing, modeling, and
networking to--
``(A) model and simulate manufacturing production
lines;
``(B) monitor and communicate production line
status; and
``(C) model, simulate, and optimize the energy
efficiency of manufacturing processes;
``(4) technologies and practices that minimize energy and
natural resource consumption, which may include--
``(A) designing products that enable reuse,
refurbishment, remanufacturing, and recycling;
``(B) minimizing waste from advanced and
commercially available steelmaking processes, including
through the reuse of waste as resources in other
industrial processes for mutual benefit;
``(C) increasing resource efficiency; and
``(D) increasing the energy efficiency of advanced
and commercially available steelmaking processes;
``(5) alternative materials and technologies that produce
fewer emissions during production and result in fewer emissions
during use, which may include--
``(A) innovative raw materials;
``(B) high-performance lightweight materials;
``(C) substitutions for critical materials and
critical minerals; and
``(D) other technologies that achieve significant
carbon emission reductions in low-emissions steel
manufacturing, as determined by the Secretary; and
``(6) high-performance computing to develop advanced
materials and manufacturing processes contributing to the focus
areas described in paragraphs (1) through (5), including--
``(A) modeling, simulation, and optimization of the
design of energy efficient and sustainable products;
and
``(B) the use of digital prototyping and additive
manufacturing to enhance product design.
``(g) Testing and Validation.--The Secretary, in consultation with
the Director of the National Institute of Standards and Technology,
shall support the development of standardized testing and technical
validation of advanced and commercially available steelmaking and low-
emissions steel manufacturing through collaboration with one or more
National Laboratories, and one or more eligible entities.
``(h) Demonstration.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Research and Development, Competition,
and Innovation Act, the Secretary, in carrying out the program
established in subsection (c), and in collaboration with
industry partners, institutions of higher education, and the
National Laboratories, shall support an initiative for the
demonstration of low-emissions steel manufacturing, as
identified by the Secretary, that uses either--
``(A) a single technology; or
``(B) a combination of multiple technologies.
``(2) Selection requirements.--Under the initiative
established under paragraph (1), the Secretary shall select
eligible entities to carry out demonstration projects and to
the maximum extent practicable--
``(A) encourage regional diversity among eligible
entities, including participation by rural States;
``(B) encourage technological diversity among
eligible entities; and
``(C) ensure that specific projects selected--
``(i) expand on the existing technology
demonstration programs of the Department; and
``(ii) prioritize projects that leverage
matching funds from non-Federal sources.
``(3) Reports.--The Secretary shall submit to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate--
``(A) not less frequently than once every two years
for the duration of the demonstration initiative under
this subsection, a report describing the performance of
the initiative; and
``(B) if the initiative established under this
subsection is terminated, an assessment of the success
of, and education provided by, the measures carried out
by recipients of financial assistance under the
initiative.
``(i) Additional Coordination.--
``(1) Manufacturing u.s.a.--In carrying out this section
the Secretary shall consider--
``(A) leveraging the resources of relevant existing
Manufacturing USA Institutes described in section 34(d)
of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(d));
``(B) integrating program activities into a
relevant existing Manufacturing USA Institute; or
``(C) establishing a new institute focused on low-
emissions steel manufacturing.
``(2) Other federal agencies.--In carrying out this
section, the Secretary shall coordinate with other Federal
agencies that are carrying out research and development
initiatives to increase industrial competitiveness and achieve
significant net nonwater greenhouse emissions reductions
through low-emissions steel manufacturing, including the
Department of Defense, Department of Transportation, and the
National Institute of Standards and Technology.''.
(b) Clerical Amendment.--Section 1(b) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17001 note) is amended in the table
of contents by inserting after the item relating to section 454 the
following:
``Sec. 454A. Low-Emissions Steel Manufacturing Research Program.''.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
SEC. 10761. APPLIED LABORATORIES INFRASTRUCTURE RESTORATION AND
MODERNIZATION.
(a) Definition of National Laboratory.--In this section, the term
``National Laboratory'' means--
(1) the National Renewable Energy Laboratory;
(2) the National Energy Technology Laboratory;
(3) the Idaho National Laboratory;
(4) the Savannah River National Laboratory;
(5) the Sandia National Laboratories;
(6) the Los Alamos National Laboratory; and
(7) the Lawrence Livermore National Laboratory.
(b) Restoration and Modernization Projects.--
(1) In general.--The Secretary shall fund projects
described in paragraph (2) as needed to address the deferred
maintenance, critical infrastructure needs, and modernization
of National Laboratories.
(2) Projects described.--The projects referred to in
paragraph (1) are, as determined by the Secretary--
(A) priority deferred maintenance projects at
National Laboratories, including facilities sustainment
for, upgrade of, and construction of research
laboratories, administrative and support buildings,
utilities, roads, power plants, and any other critical
infrastructure; and
(B) lab modernization projects at National
Laboratories, including projects relating to core
infrastructure needed--
(i) to support existing and emerging
science missions with new and specialized
requirements for world-leading scientific user
facilities and computing capabilities; and
(ii) to maintain safe, efficient, reliable,
and environmentally responsible operations,
including pilot projects to demonstrate net-
zero emissions with resilient operations.
(3) Approach.--In carrying out paragraph (1), the Secretary
shall use all available approaches and mechanisms, as the
Secretary determines to be appropriate, including--
(A) capital line items;
(B) minor construction projects;
(C) energy savings performance contracts;
(D) utility energy service contracts;
(E) alternative financing; and
(F) expense funding.
(c) Submission to Congress.--For each fiscal year through fiscal
year 2027, at the same time as the annual budget submission of the
President, the Secretary shall submit to the Committee on
Appropriations and the Committee on Energy and Natural Resources of the
Senate and the Committee on Appropriations and the Committee on
Science, Space, and Technology of the House of Representatives a list
of projects for which the Secretary will provide funding under this
section, including a description of each project and the funding
profile for the project.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the activities described in
this section $800,000,000 for each of fiscal years 2023 through 2027,
of which, in each fiscal year--
(1) $640,000,000 is authorized to be appropriated for
projects at National Laboratories described in paragraphs (1)
through (4) of subsection (a); and
(2) $160,000,000 is authorized to be appropriated for
projects at National Laboratories described in paragraphs (5)
through (7) of that subsection.
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
SEC. 10771. DEPARTMENT OF ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION ACTIVITIES.
For the purpose of carrying out research, development, and
demonstration activities and addressing energy-related supply chain
activities in the key technology focus areas (as described in section
10387), there are authorized to be appropriated the following amounts:
(1) Office of energy efficiency and renewable energy.--In
addition to amounts otherwise authorized to be appropriated or
made available, there are authorized to be appropriated to the
Secretary of Energy (referred to in this section as the
``Secretary''), acting through the Office of Energy Efficiency
and Renewable Energy, for the period of fiscal years 2023
through 2026--
(A) $1,200,000,000 to carry out building
technologies research, development, and demonstration
activities;
(B) $1,200,000,000 to carry out sustainable
transportation research, development, and demonstration
activities;
(C) $1,000,000,000 to carry out advanced
manufacturing research, development, and demonstration
activities, excluding activities carried out pursuant
to subparagraph (D);
(D) $1,000,000,000 to carry out section 454 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17113);
(E) $600,000,000 to carry out advanced materials
research, development, and demonstration activities,
including relating to upcycling, recycling, and
biobased materials; and
(F) $800,000,000 to carry out renewable power
research, development, and demonstration activities.
(2) Office of electricity.--In addition to amounts
otherwise authorized to be appropriated or made available,
there is authorized to be appropriated to the Secretary, acting
through the Office of Electricity, for the period of fiscal
years 2023 through 2026, $1,000,000,000 to carry out electric
grid modernization and security research, development, and
demonstration activities.
(3) Office of cybersecurity, energy security, and emergency
response.--In addition to amounts otherwise authorized to be
appropriated or made available, there is authorized to be
appropriated to the Secretary, acting through the Office of
Cybersecurity, Energy Security, and Emergency Response, for the
period of fiscal years 2023 through 2026, $800,000,000 to carry
out cybersecurity and energy system physical security research,
development, and demonstration activities.
(4) Office of nuclear energy.--In addition to amounts
otherwise authorized to be appropriated or made available,
there is authorized to be appropriated to the Secretary, acting
through the Office of Nuclear Energy, for the period of fiscal
years 2023 through 2026, $400,000,000 to carry out advanced
materials research, development, and demonstration activities.
(5) Office of environmental management.--In addition to
amounts otherwise authorized to be appropriated or made
available, there is authorized to be appropriated to the
Secretary, acting through the Office of Environmental
Management, for the period of fiscal years 2023 through 2026,
$200,000,000 to carry out research, development, and
demonstration activities, including relating to artificial
intelligence and information technology.
(6) Office of fossil energy and carbon management.--In
addition to amounts otherwise authorized to be appropriated or
made available, there are authorized to be appropriated to the
Secretary, acting through the Office of Fossil Energy and
Carbon Management, for the period of fiscal years 2023 through
2026--
(A) $600,000,000 to carry out clean industrial
technologies research, development, and demonstration
activities pursuant to section 454 of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17113);
(B) $200,000,000 to carry out alternative fuels
research, development, and demonstration activities;
and
(C) $1,000,000,000 to carry out carbon removal
research, development, and demonstration activities.
(7) Advanced research projects agency--energy.--In addition
to amounts otherwise authorized to be appropriated or made
available, there is authorized to be appropriated to the
Secretary, acting through the Director of the Advanced Research
Projects Agency--Energy established under section 5012 of the
America COMPETES Act (42 U.S.C. 16538), for the period of
fiscal years 2023 through 2026, $1,200,852,898 to carry out
activities of the Advanced Research Projects Agency--Energy.
Subtitle P--Fission for the Future
SEC. 10781. ADVANCED NUCLEAR TECHNOLOGIES FEDERAL RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Eligible entity.--The term ``eligible entity'' means
each of--
(A) a State;
(B) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
(C) a Tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(D) a unit of local government;
(E) an electric utility (as defined in section 3 of
the Federal Power Act (16 U.S.C. 796));
(F) a National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(G) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); and
(H) a private entity specializing in--
(i) advanced nuclear technology
development;
(ii) nuclear supply chains; or
(iii) with respect to nuclear technologies
and nonelectric applications of nuclear
technologies, construction, project financing,
contract structuring and risk allocation, or
regulatory and licensing processes.
(3) Program.--The term ``program'' means the program
established under subsection (b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment of Program.--
(1) In general.--The Secretary shall establish a program to
provide Federal financial assistance to eligible entities to
support the research, development, and demonstration of
advanced nuclear reactors.
(2) Competitive procedures.--To the maximum extent
practicable, the Secretary shall carry out the program using a
competitive, merit-based review process that is consistent with
section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353).
(c) Applications.--An eligible entity desiring Federal financial
assistance under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Priority.--In selecting eligible entities to receive Federal
financial assistance under the program, the Secretary shall give
priority to eligible entities that--
(1) plan to carry out projects at or near the site of 1 or
more fossil fuel electric generation facilities that are
retired or scheduled to retire, including multi-unit facilities
that are partially shut down--
(A) to support the productive reuse of fossil fuel
electric generation facilities that are retired or
scheduled to retire; and
(B) to sustain and revitalize communities impacted
by the closure of fossil fuel electric generation
facilities;
(2) plan to support nonelectric applications, including
supplying heat for--
(A) energy storage;
(B) hydrogen or other liquid and gaseous fuel or
chemical production;
(C) industrial processes;
(D) desalination technologies and processes;
(E) isotope production;
(F) district heating; and
(G) other applications, as the Secretary determines
to be appropriate; and
(3) have implemented or demonstrated the ability to
successfully implement workforce training or retraining
programs to train workers to perform activities relating to the
research, development, and demonstration of advanced nuclear
reactors.
(e) Cost Share.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to Federal financial assistance provided
under the program.
(f) Authorization of Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated to the
Secretary to carry out the program--
(1) $75,000,000 for fiscal year 2023;
(2) $100,000,000 for fiscal year 2024;
(3) $150,000,000 for fiscal year 2025;
(4) $225,000,000 for fiscal year 2026; and
(5) $250,000,000 for fiscal year 2027.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
SEC. 10801. SHORT TITLE.
This title may be cited as the ``National Aeronautics and Space
Administration Authorization Act of 2022''.
SEC. 10802. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--Except as
otherwise expressly provided, the term ``appropriate committees
of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(4) Cislunar space.--The term ``cislunar space'' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.
(5) Deep space.--The term ``deep space'' means the region
of space beyond low-Earth orbit, including cislunar space.
(6) Development cost.--The term ``development cost'' has
the meaning given the term in section 30104 of title 51, United
States Code.
(7) Government astronaut.--The term ``government
astronaut'' has the meaning given the term in section 50902 of
title 51, United States Code.
(8) ISS.--The term ``ISS'' means the International Space
Station.
(9) Low-enriched uranium.--The term ``low-enriched
uranium'' means uranium having an assay greater than the assay
for natural uranium but less than 20 percent of the uranium-235
isotope.
(10) NASA.--The term ``NASA'' means the National
Aeronautics and Space Administration.
(11) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(12) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(13) Space flight participant.--The term ``space flight
participant'' has the meaning given the term in section 50902
of title 51, United States Code.
(14) Space launch system.--The term ``Space Launch System''
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration Act of 2010
(42 U.S.C. 18322).
(15) Unmanned aircraft; unmanned aircraft system.--The
terms ``unmanned aircraft'' and ``unmanned aircraft system''
have the meanings given those terms in section 44801 of title
49, United States Code.
Subtitle A--Exploration
SEC. 10811. MOON TO MARS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) advances in space technology and space exploration
capabilities--
(A) ensure the long-term technological preeminence,
economic competitiveness, STEM workforce development,
and national security of the United States; and
(B) offer profound inspirational value for future
generations;
(2) the Artemis missions--
(A) will make further progress on advancing the
human exploration roadmap to achieve human presence
beyond low-Earth orbit to the surface of Mars, as
required under section 432 of the National Aeronautics
and Space Administration Transition Authorization Act
of 2017 (Public Law 115-10; 51 U.S.C. 20302 note);
(B) should fulfill the goal of landing United
States astronauts, including the first woman and the
next man, on the Moon; and
(C) should seek collaboration with commercial and
international partners to establish sustainable lunar
exploration, and should fund any sustainable lunar
activities not directly required for the advancement of
a human mission to Mars separately;
(3) in carrying out the Artemis missions, the Administrator
should ensure that the entire Artemis program is inclusive and
representative of all people of the United States, including
women and minorities;
(4) safe and successful execution of the roadmap to achieve
human presence on Mars, including the Artemis missions,
requires--
(A) a clear strategic vision for achieving lunar
and Mars exploration that is shared by NASA,
international partners, nongovernmental partners,
Congress, and the people of the United States;
(B) a well-developed and executable timeline,
budget, and mission architecture, to inform decisions,
including decisions relating to workforce and
infrastructure needs and the development of technical
and nontechnical skills;
(C) consistent NASA oversight of all relevant
exploration activities, enabled by NASA leadership with
authority, responsibility, and accountability for
decisions and well-developed capabilities for systems
engineering and integration;
(D) clearly defined roles for NASA, international
partners, and nongovernmental partners, including
criteria for determining whether NASA should make,
manage, or buy key capabilities; and
(E) mechanisms to ensure NASA insight into the
activities of its international and nongovernmental
partners, as required to identify and mitigate risks to
mission safety and success.
(b) Moon to Mars Office and Program.--
(1) Moon to mars office.--Not later than 120 days after the
date of the enactment of this Act, the Administrator shall
establish within the Exploration Systems Development Mission
Directorate a Moon to Mars Program Office (referred to in this
section as the ``Office'') to lead and manage the Moon to Mars
program established under paragraph (2), including Artemis
missions and activities.
(2) Moon to mars program.--
(A) Establishment.--Not later than 120 days after
the date of the enactment of this Act, the
Administrator shall establish a Moon to Mars Program
(referred to in this section as the ``Program'') in
accordance with sections 20302(b) and 70504 of title
51, United States Code, which shall include Artemis
missions and activities, to achieve the goal of human
exploration of Mars.
(B) Elements.--The Program shall include the
following elements:
(i) The Space Launch System under section
20302 of title 51, United States Code.
(ii) The Orion crew vehicle under such
section.
(iii) Exploration Ground Systems.
(iv) An outpost in orbit around the Moon
under section 70504 of such title.
(v) Human-rated landing systems.
(vi) Spacesuits.
(vii) Any other element needed to meet the
requirements for the Program.
(C) Direction.--The Administrator shall ensure
that--
(i) each Artemis mission demonstrates or
advances a technology or operational concept
that will enable human missions to Mars;
(ii) the Program incorporates each such
mission into the human exploration roadmap
under section 432 of the National Aeronautics
and Space Administration Transition
Authorization Act of 2017 (Public Law 115-10;
51 U.S.C. 20302 note); and
(iii) the Program includes cislunar space
exploration activities that--
(I) use a combination of launches
of the Space Launch System and space
transportation services from United
States commercial providers, as
appropriate, for each such mission;
(II) plan for not fewer than 1
Space Launch System launch annually
beginning after the first successful
crewed launch of Orion on the Space
Launch System, with a goal of 2 Space
Launch System launches annually as soon
as practicable; and
(III) establish an outpost in orbit
around the Moon that--
(aa) demonstrates
technologies, systems, and
operational concepts directly
applicable to the space vehicle
that will be used to transport
humans to Mars;
(bb) has the capability for
periodic human habitation; and
(cc) functions as a point
of departure, return, or
staging for missions to
multiple locations on the lunar
surface or other destinations.
(3) Director.--
(A) In general.--The Administrator shall appoint a
Director for the Program, who shall lead the Office and
report to the Associate Administrator of the
Exploration Systems Development Mission Directorate.
(B) Accountability.--The Director shall have
accountability for risk management and shall have
authority, as consistent with NASA Space Flight Program
and Project Management requirements--
(i) to implement--
(I) Program-level requirements; and
(II) an architecture and program
plan developed to meet such
requirements;
(ii) to manage resources, personnel, and
contracts necessary to implement the Program,
as appropriate;
(iii) to manage cost, risk, schedule, and
performance factors;
(iv) to direct and oversee a Program-wide
systems engineering and integration and
integrated risk management function; and
(v) to carry out other authorities, in
accordance with Administration policies and
procedures.
(C) Responsibilities.--The Director shall be
responsible for--
(i) developing and managing--
(I) an integrated master plan,
integrated master schedule, and
integrated risk management procedures
for the Program;
(II) a Program-wide systems
engineering and integration function as
described in subsection (c);
(III) plans for technology and
capabilities development;
(IV) logistics support, science
data management, communications, and
other plans that are relevant to the
functions of the Office; and
(V) performance measures to assess
the progress of the Program;
(ii) advising the Associate Administrator
of the Exploration Systems Development Mission
Directorate on the development of--
(I) Program-level requirements,
including for a human Mars orbital
mission and a human mission to the
surface of Mars; and
(II) an architecture based on the
requirements described in subclause
(I); and
(iii) informing the Associate Administrator
of the Administration on coordination among
NASA centers, as required to most efficiently
achieve the goals of the Program.
(c) Systems Engineering and Integration.--The Director of the
Office shall--
(1) establish within the Office a Program-wide systems
engineering and integration function; and
(2) appoint a manager for such function to manage systems
engineering and integration activities across the Program,
including with respect to the Program elements described in
subsection (b)(2).
(d) Implementation.--In the implementation of the Program, the
Administrator shall ensure that--
(1) for the purposes of reducing risk and complexity and
making the maximum use of taxpayer investments to date, in
conducting Artemis activities, the Administration does not take
any action in regard to the design of the Exploration Upper
Stage-enhanced Space Launch System that would preclude it from
carrying an integrated human-rated lunar landing system for
crewed lunar landing missions;
(2) the Program maintains a robust series of ground-based
and in-flight testing activities, including, with respect to
each crewed system design, not less than 1 uncrewed flight
test, followed by a crewed flight test, as appropriate, prior
to use of the design on a human-rated lunar landing system or
Mars mission; and
(3) human lunar landing missions under the Program,
including surface and in-space activities, are carried out
solely by government astronauts.
(e) Study.--Not later than 180 days after the date of the enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report detailing--
(1) progress towards the establishment of--
(A) the Office, the Program, and the Program
architecture; and
(B) the integrated master plan, integrated master
schedule, and integrated risk management procedures for
the Program;
(2) performance measures and milestones for the Program and
any interim assessment with respect to such performance
measures, as practicable;
(3) initial criteria for determining whether NASA should
make, manage, or buy key capabilities within the Program or
engage with international partners to access such capabilities;
(4) strategies to ensure consistent insight into the
activities of NASA partners, including nongovernmental
partners, as required to identify and mitigate mission risks;
(5) progress towards the establishment of a systems
engineering and integration function; and
(6) an annual budget profile for resources required to
implement the Program during the 5-year period beginning on the
date of the enactment of this Act.
SEC. 10812. SPACE LAUNCH SYSTEM CONFIGURATIONS.
(a) Exploration Ground Systems Infrastructure.--The Administrator
shall ensure that--
(1) the necessary elements of a ground system
infrastructure are in place to enable the preparation and use
of the Space Launch System, specifically the Block 1 (at least
70 mt), Block 1B (at least 105 mt), and Block 2 (at least 130
mt) variants of the Space Launch System; and
(2) not fewer than 2 bays of the vehicle assembly building
of such ground system infrastructure are outfitted and
dedicated to support Space Launch System stacking and
preparations.
(b) Flight Rate and Safety.--After the first crewed lunar landing
of the Administration's Moon to Mars activities, the Administrator
shall, to the extent practicable, seek to carry out a flight rate of 2
integrated Space Launch System and Orion crew vehicle missions annually
until the lunar activities needed to enable a human mission to Mars are
completed so as to maintain the critical human spaceflight production
and operations skills necessary for the safety of human spaceflight
activities in deep space.
(c) Mobile Launch Platform.--
(1) In general.--The Administrator is authorized to
maintain 2 operational mobile launch platforms to enable the
launch of multiple configurations of the Space Launch System.
(2) Second mobile launch platform.--
(A) In general.--In implementing paragraph (1), the
Administrator shall take all necessary steps to develop
and complete a second mobile launch platform, to be in
place by 2026, to support the first launch of the Block
1B variant of the Space Launch System.
(B) Requirement.--Such second mobile launch
platform shall be sized and constructed to accommodate
the Block 2 variant of the Space Launch System.
(d) Reports.--The Administrator shall submit to Congress--
(1) not later than 45 days after the date of the enactment
of this Act, a report on the steps the Administrator and
industry partners are taking--
(A) to address the cost, schedule, and performance
challenges in the development of the Mobile Launch-2
platform; and
(B) to ensure that such platform is ready for
operational use on a schedule that aligns with the
current plans for an Artemis IV launch, which is
currently anticipated in 2027; and
(2) not later than 90 days after such date of enactment, a
report that contains a list of the key milestones required for
completing each of the Space Launch System variants, and an
estimated date on which such milestones will be completed.
(e) Exploration Upper Stage.--
(1) In general.--To meet the capability requirements under
section 302(c)(2) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18322(c)(2)), the Administrator shall continue development of
the Exploration Upper Stage for the Space Launch System on a
schedule consistent with the Artemis IV lunar mission.
(2) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the development and
scheduled availability of the Exploration Upper Stage for the
Artemis IV lunar mission.
(f) Main Propulsion Test Article.--To meet the requirements under
section 302(c)(3) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18322(c)(3)), the Administrator
may initiate development of a main propulsion test article for the
integrated Exploration Upper Stage element of the Space Launch System,
consistent with cost and schedule constraints, particularly for long-
lead propulsion hardware needed for flight.
SEC. 10813. ROCKET ENGINE TEST INFRASTRUCTURE.
(a) In General.--The Administrator shall, to the extent
practicable, continue to carry out a program to modernize rocket
propulsion test infrastructure at NASA facilities--
(1) to increase capabilities;
(2) to enhance safety;
(3) to support propulsion development and testing; and
(4) to foster the improvement of Government and commercial
space transportation and exploration.
(b) Projects.--Projects funded under the program described in
subsection (a) may include--
(1) infrastructure and other facilities and systems
relating to rocket propulsion test stands and rocket propulsion
testing;
(2) enhancements to test facility capacity and flexibility;
and
(3) such other projects as the Administrator considers
appropriate to meet the goals described in that subsection.
(c) Requirements.--In carrying out the program under subsection
(a), the Administrator shall--
(1) to the extent practicable and appropriate, prioritize
investments in projects that enhance test and flight
certification capabilities, including for large thrust-level
atmospheric and altitude engines and engine systems, and multi-
engine integrated test capabilities;
(2) continue to make underutilized test facilities
available for commercial use on a reimbursable basis; and
(3) ensure that no project carried out under this program
adversely impacts, delays, or defers testing or other
activities associated with facilities used for Government
programs, including--
(A) the Space Launch System and the Exploration
Upper Stage of the Space Launch System;
(B) in-space propulsion to support exploration
missions; or
(C) nuclear propulsion testing.
(d) Rule of Construction.--Nothing in this section shall preclude a
NASA program, including the Space Launch System and the Exploration
Upper Stage of the Space Launch System, from using the modernized test
infrastructure developed under this section.
(e) Working Capital Fund Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this division, the Administrator shall submit
to the appropriate committees of Congress a report on the use
of the authority under section 30102 of title 51, United States
Code, to promote increased use of NASA rocket propulsion test
infrastructure for research, development, testing, and
evaluation activities by other Federal agencies, firms,
associations, corporations, and educational institutions.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) An assessment of prior use, if any, of the
authority under section 30102 of title 51, United
States Code, to improve testing infrastructure.
(B) An analysis of any barrier to implementation of
such authority for the purpose of promoting increased
use of NASA rocket propulsion test infrastructure.
SEC. 10814. PEARL RIVER MAINTENANCE.
(a) In General.--The Administrator shall coordinate with the Chief
of the Army Corps of Engineers on a comprehensive plan to ensure the
continued navigability of the Pearl River and Little Lake channels
sufficient to support NASA barge operations surrounding Stennis Space
Center and the Michoud Assembly Facility.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this division, the Administrator shall submit to the
appropriate committees of Congress a report on efforts under subsection
(a).
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Environment and Public Works, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives.
SEC. 10815. EXTENSION AND MODIFICATION RELATING TO INTERNATIONAL SPACE
STATION.
(a) Policy.--Section 501(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is
amended by striking ``2024'' and inserting ``September 30, 2030''.
(b) Maintenance of United States Segment and Assurance of Continued
Operations.--Section 503(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is
amended by striking ``September 30, 2024'' and inserting ``September
30, 2030''.
(c) Research Capacity Allocation and Integration of Research
Payloads.--Section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is
amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``As soon as practicable'' and all
that follows through ``2011,'' and inserting ``The'';
and
(B) by striking ``September 30, 2024'' and
inserting ``September 30, 2030''; and
(2) in paragraph (2), in the third sentence, by striking
``September 30, 2024'' and inserting ``September 30, 2030''.
(d) Maintenance of Use.--
(1) In general.--Section 70907 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``2024''
and inserting ``2030'';
(B) in subsection (a), by striking ``September 30,
2024'' and inserting ``September 30, 2030''; and
(C) in subsection (b)(3), by striking ``September
30, 2024'' and inserting ``September 30, 2030''.
(2) Conforming amendment.--The table of sections for
chapter 709 of title 51, United States Code, is amended by
striking the item relating to section 70907 and inserting the
following:
``70907. Maintaining use through at least 2030.''.
(e) Transition Plan Reports.--Section 50111(c)(2) of title 51,
United States Code is amended--
(1) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2028''; and
(2) in subparagraph (J), by striking ``2028'' and inserting
``2030''.
(f) Assessments and Report.--The Administrator shall--
(1) conduct a comprehensive assessment of the viability of
the ISS to operate safely and support full and productive use
through 2030, including all necessary analyses to certify ISS
operations through 2030;
(2) not later than 180 days after the date of the enactment
of this Act, submit to the Aerospace Safety Advisory Panel an
assessment of--
(A) the root cause of cracks and air leaks in the
Russian Service Module Transfer Tunnel;
(B) the certification of all United States systems
and modules to operate through 2030;
(C)(i) an inventory of spares or replacements for
elements, systems, and equipment, including systems
certified under subparagraph (B), that are currently
produced, in inventory, or on order;
(ii) a description of the state of the readiness of
such spares and replacements; and
(iii) a schedule for delivery of such spares and
replacements to the ISS, including the planned
transportation means for such delivery and the
estimated cost and schedule for procurement of such
spares and replacements and their delivery to the ISS;
and
(D) any other relevant data, information, or
analysis relevant to the safe and productive use of the
ISS through 2030; and
(3) not later than 240 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress--
(A) a report on the results of the assessment
conducted under paragraph (1); and
(B) a plan to address any recommendations of the
Aerospace Safety Advisory Panel, consistent with
section 31101(c)(2) of title 51, United States Code,
with respect to such assessment.
SEC. 10816. PRIORITIES FOR INTERNATIONAL SPACE STATION.
(a) In General.--The Administrator shall assess International Space
Station research activities and shall ensure that crew time and
resources allocated to the Administration for use on the International
Space Station prioritize--
(1) the research of the Human Research Program, including
research on and development of countermeasures relevant to
reducing human health and performance risks, behavioral and
psychological risks, and other astronaut safety risks related
to long-duration human spaceflight;
(2) risk reduction activities relevant to exploration
technologies, including for the Environmental Control and Life
Support System, extravehicular activity and space suits,
environmental monitoring, safety, emergency response, and deep
space communications;
(3) the advancement of United States leadership in basic
and applied space life and physical science research,
consistent with the priorities of the most recent space life
and physical sciences decadal survey of the National Academies
of Sciences, Engineering, and Medicine; and
(4) other research and development activities identified by
the Administrator as essential to Moon to Mars activities.
(b) Reports.--
(1) Assessment and prioritization.--Not later than 180 days
after the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a report
on--
(A) the assessment; and
(B) the steps taken to achieve the prioritization
required by subsection (a).
(2) Space flight participants.--Not later than 120 days
after the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a report
on measures taken, with respect to space flight participants
aboard the ISS, to ensure government astronaut safety, to avoid
interference in ISS operations and research priorities, and to
prevent undue demands on crew time and resources.
(3) Annual progress reports.--Concurrent with the annual
budget submission of the President to Congress under section
1105(a) of title 31, United States Code, the Administrator
shall provide to the appropriate committees of Congress an
annual accounting of the use of Administration crew time and
ISS resources, including the allocation of such resources
toward the priorities described in subsection (a).
SEC. 10817. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.
(a) Section 421 of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10; 51 U.S.C.
20301 note) is amended--
(1) in subsection (c)(3)--
(A) by striking ``EM-1'' and inserting ``Artemis
I'';
(B) by striking ``EM-2'' and inserting ``Artemis
II''; and
(C) by striking ``EM-3'' and inserting ``Artemis
III''; and
(2) in subsection (f)(3), by striking ``EM-3'' and
inserting ``Artemis III''.
(b) Section 432(b) of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10; 51 U.S.C.
20302 note) is amended--
(1) in paragraph (3)(D)--
(A) by striking ``EM-1'' and inserting ``Artemis
I''; and
(B) by striking ``EM-2'' and inserting ``Artemis
II''; and
(2) in paragraph (4)(C), by striking ``EM-3'' and inserting
``Artemis III''.
Subtitle B--Science
SEC. 10821. SCIENCE PRIORITIES.
(a) Sense of Congress on Science Portfolio.--It is the sense of
Congress that--
(1) a balanced and adequately funded set of activities,
consisting of research and analysis grant programs, technology
development, suborbital research activities, and small, medium,
and large space missions, contributes to a robust and
productive science program and serves as a catalyst for
innovation and discovery; and
(2) the Research and Analysis programs funded by the
Science Mission Directorate are critically important for--
(A) preparing the next generation of space and
Earth scientists;
(B) pursuing peer-reviewed cutting-edge research;
(C) maximizing scientific return from the
Administration's space and Earth science missions; and
(D) developing innovative techniques and future
mission concepts.
(b) Goal.--The Administrator shall pursue the goal of establishing
annual funding for Research and Analysis in the Science Mission
Directorate that reaches a level of not less than 10 percent of the
total annual funding of relevant divisions of the Science Mission
Directorate by fiscal year 2025.
SEC. 10822. SEARCH FOR LIFE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the report entitled ``An Astrobiology Strategy for the
Search for Life in the Universe'' published by the National
Academies of Sciences, Engineering, and Medicine outlines key
scientific questions and methods on the search for the origin,
evolution, distribution, and future of life in the universe;
and
(2) the interaction of lifeforms with their environment, a
central focus of astrobiology research, is a topic of broad
significance to life sciences research in space and on Earth.
(b) Program Continuation.--
(1) In general.--The Administrator shall continue to
implement a collaborative, multidisciplinary science and
technology development program to search for evidence of the
existence or historical existence of life beyond Earth in
support of--
(A) the scientific priorities of the most recent
decadal surveys on planetary science and astrobiology
and astronomy and astrophysics of the National
Academies of Sciences, Engineering, and Medicine; and
(B) the objective described in section 20102(d)(10)
of title 51, United States Code.
(2) Element.--The program under paragraph (1) shall include
activities relating to astronomy, biology, geology, and
planetary science.
(3) Coordination with life sciences program.--In carrying
out the program under paragraph (1), the Administrator shall
coordinate efforts with the life sciences program of the
Administration.
(4) Instrumentation and sensor technology.--In carrying out
the program under paragraph (1), the Administrator may invest
in the development of new instrumentation and sensor
technology.
(5) Technosignatures.--In carrying out the program under
paragraph (1), the Administrator may support, as appropriate,
merit-reviewed, competitively selected research on
technosignatures.
SEC. 10823. NEXT GENERATION OF ASTROPHYSICS GREAT OBSERVATORIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA's Great Observatories, a suite of space-based
telescopes launched over the course of 2 decades and comprised
of the Hubble Space Telescope, Compton Gamma-Ray Observatory,
Chandra X-Ray Observatory, and Spitzer Space Telescope, have
enabled major scientific advances across a broad range of
astrophysics disciplines, including with respect to the origins
of planets, the formation and evolution of stars and galaxies,
fundamental physics, and the structure of the universe;
(2) the decadal survey of the National Academies of
Science, Engineering, and Medicine entitled ``Pathways to
Discovery in Astronomy and Astrophysics for the 2020s''
recommends a vision to understand the relationships between
stars and the bodies that orbit them by ``looking'' at the
universe through a range of observations, including radio,
optical, gamma rays, neutrinos, and gravitational waves, in
order to understand the origin and evolution of galaxies;
(3) the United States and NASA are uniquely poised--
(A) to lead the world in the implementation of the
next generation of Great Observatories, as recommended
in such decadal survey, including implementation of an
observatory to search for biosignatures of exoplanets
in the habitable zone;
(B) to address the most compelling scientific
questions of the next decade; and
(C) to transform not only our understanding of the
universe and the processes and physical paradigms that
govern the universe, but also the place of humanity in
the universe;
(4) the Administrator should pursue an ambitious
astrophysics program that meets the scientific vision of the
astronomical community and the transformative capacity of
technological innovation; and
(5) in implementing astrophysics research, in order to
avoid the major growth in the cost of astrophysics flagship-
class missions that has the potential to impact the overall
portfolio balance of the Science Mission Directorate, the
Administrator should seek to implement lessons learned from
previous astrophysics missions, including by--
(A) establishing sufficient cost and schedule
reserves;
(B) demonstrating in advance of preliminary design
review, as practicable and appropriate, the maturity of
necessary technologies through prototype demonstrations
in a relevant environment;
(C) providing for regular updates to the cost,
schedule, and risk of a project; and
(D) considering, as feasible, the impacts of cost
and schedule changes across the Science Mission
Directorate.
(b) Nancy Grace Roman Telescope.--
(1) In general.--The Administrator shall continue
development of the Nancy Grace Roman Space Telescope (commonly
known as the ``Roman telescope'' and formerly known as the
``Wide Field Infrared Survey Telescope'') in the configuration
established through critical design review, to meet the
objectives prioritized in the 2010 decadal survey of astronomy
and astrophysics of the National Academies of Sciences,
Engineering, and Medicine.
(2) Cost and schedule.--Section 30104 of title 51, United
States Code shall apply to the development of the Roman
telescope under paragraph (1).
(3) Quarterly reports.--Not less frequently than quarterly,
the Administrator shall submit to the appropriate committees of
Congress a report on the progress of the development of the
Roman telescope and the budget profile and schedule relative to
the baseline plan for such development.
SEC. 10824. EARTH SCIENCE MISSIONS AND PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Earth science and applications program of the
Administration provides increasingly valuable data for natural
resource management, agriculture, forestry, food security, air
quality monitoring, and many other application areas; and
(2) a robust and balanced Earth science and applications
program contributes significantly to--
(A) the scientific discovery and economic growth of
the United States; and
(B) supporting the health and safety of the people
of the United States and the citizens of the world.
(b) Reaffirmation.--Congress reaffirms the goal for the
Administration's Earth science and applications program set forth in
section 60501 of title 51, United States Code, which states: ``The goal
for the Administration's Earth Science program shall be to pursue a
program of Earth observations, research, and applications activities to
better understand the Earth, how it supports life, and how human
activities affect its ability to do so in the future. In pursuit of
this goal, the Administration's Earth Science program shall ensure that
securing practical benefits for society will be an important measure of
its success in addition to securing new knowledge about the Earth
system and climate change. In further pursuit of this goal, the
Administration shall, together with the National Oceanic and
Atmospheric Administration and other relevant agencies, provide United
States leadership in developing and carrying out a cooperative
international Earth observations-based research program.''.
(c) Earth Science Missions and Programs.--With respect to the
missions and programs of the Earth Science Division, the Administrator
shall, to the maximum extent practicable, follow the recommendations
and guidance provided by the scientific community through the decadal
survey for Earth science and applications from space of the National
Academies of Sciences, Engineering, and Medicine, including--
(1) the science priorities described in such survey;
(2) the execution of the series of existing or previously
planned observations (commonly known as the ``program of
record''); and
(3) the development of a range of missions of all classes,
including opportunities for principal investigator-led,
competitively selected missions.
(d) Earth System Observatory.--The Administrator shall pursue an
Earth System Observatory, which shall consist of an array of new and
complementary Earth-observing scientific satellites, instruments, and
missions--
(1) to address the recommendations of the 2018 Earth
science and applications decadal survey of the National
Academies of Sciences, Engineering, and Medicine entitled
``Thriving on our Changing Planet'', including by conducting
priority observations in--
(A) aerosols;
(B) cloud convection and precipitation;
(C) mass change;
(D) surface biology and geology;
(E) surface deformation and change; and
(F) other observation areas designated as high-
priority by such decadal survey; and
(2) to achieve the goal of the Earth Science Program set
forth in section 60501 of title 51, United States Code.
(e) Survey of Use of Earth Observation Data by States, Tribes, and
Territories.--
(1) Survey.--The Administrator shall arrange for the
conduct of a survey of the use of NASA Earth observation data
by States, Tribal organizations, and territories.
(2) Submission.--Not later than 18 months after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress the results of the
survey conducted under paragraph (1).
(f) Climate Architecture Plan.--The Administrator shall--
(1) maintain a comprehensive, strategic Climate
Architecture Plan for Earth Observations and Applications from
Space that describes an integrated and balanced program of
Earth science and applications observations to advance science,
policy, and applications and societal benefits; and
(2) update such plan every 5 years so as to align with the
release of the decadal surveys in Earth science and
applications from space and the mid-decade assessments of the
National Academics of Sciences, Engineering, and Medicine.
SEC. 10825. PLANETARY DEFENSE COORDINATION OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Near-Earth objects remain a threat to the United
States.
(2) Section 321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.), established a
requirement that the Administrator plan, develop, and implement
a Near-Earth Object Survey program to detect, track, catalogue,
and characterize the physical characteristics of near-Earth
objects equal to, or greater than, 140 meters in diameter in
order to assess the threat of such near-Earth objects to the
Earth, with the goal of 90 percent completion of the catalogue
of such near-Earth objects by December 30, 2020.
(3) The goal described in paragraph (2) has not be met.
(4) The report of the National Academies of Sciences,
Engineering, and Medicine entitled ``Finding Hazardous
Asteroids Using Infrared and Visible Wavelength Telescopes'',
issued in 2019, states that--
(A) NASA should develop and launch a dedicated
space-based infrared survey telescope to meet the
requirements of section 321(d)(1) of the National
Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C.
71101 note prec.); and
(B) the early detection of potentially hazardous
near-Earth objects enabled by a space-based infrared
survey telescope is important to enable deflection of a
dangerous asteroid.
(b) Maintenance of Planetary Defense Coordination Office.--The
Administrator shall maintain an office within the Planetary Science
Division of the Science Mission Directorate, to be known as the
``Planetary Defense Coordination Office''--
(1) to plan, develop, and implement a program to survey
threats posed by near-Earth objects equal to or greater than
140 meters in diameter, as required by section 321(d)(1) of the
National Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101
note prec.);
(2) identify, track, and characterize potentially hazardous
near-Earth objects, issue warnings of the effects of potential
impacts of such objects, and investigate strategies and
technologies for mitigating the potential impacts of such
objects; and
(3) assist in coordinating government planning for response
to a potential impact of a near-Earth object.
(c) Dedicated Survey Mission.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Near-Earth Object Surveyor mission, as
designed, is anticipated to make significant progress
toward carrying out congressional policy and direction,
as set forth in section 321(d)(1) of the National
Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C.
71101 note prec.), to detect 90 percent of near-Earth
objects equal to, or greater than, 140 meters in
diameter; and
(B) the Administrator should prioritize the public
safety role of the Near-Earth Object Surveyor mission
and should not delay the development and launch of the
mission due to cost growth on other planetary science
missions.
(2) Continuation of mission.--
(A) In general.--The Administrator shall continue
the development of a dedicated space-based infrared
survey telescope mission, known as the ``Near-Earth
Object Surveyor'', on a schedule to achieve a launch-
readiness date not later than March 30, 2026, or the
earliest practicable date, for the purpose of
accomplishing the objectives set forth in section
321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law
109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
(B) Consideration of recommendations.--The design
of the mission described in subparagraph (A) shall take
into account the recommendations of the 2019 report of
the National Academies of Sciences, Engineering, and
Medicine entitled ``Finding Hazardous Asteroids Using
Infrared and Visible Wavelength Telescopes'', the
planetary science decadal survey, and the 2018 United
States National Near-Earth Object Preparedness Strategy
and Action Plan.
(d) Annual Report.--Section 321(f) of the National Aeronautics and
Space Administration Authorization Act of 2005 (Public Law 109-155; 119
Stat. 2922; 51 U.S.C. 71101 note prec.) is amended to read as follows:
``(f) Annual Report.--Not later than 180 days after the date of the
enactment of the National Aeronautics and Space Administration
Authorization Act of 2022 and annually thereafter through 90-percent
completion of the catalogue required by subsection (d)(1), the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report that includes the
following:
``(1) A summary of all activities carried out by the
Planetary Defense Coordination Office established under section
10825 of the National Aeronautics and Space Administration
Authorization Act of 2022 since the date of enactment of that
Act.
``(2) A description of the progress with respect to the
design, development, and launch of the space-based infrared
survey telescope required by section 10825(c) of the National
Aeronautics and Space Administration Authorization Act of 2022.
``(3) An assessment of the progress toward meeting the
requirements under subsection (d)(1).
``(4) A description of the status of efforts to coordinate
and cooperate with other countries to detect hazardous
asteroids and comets, plan a mitigation strategy, and implement
that strategy in the event of the discovery of an object on a
likely collision course with Earth.
``(5) A summary of expenditures for all activities carried
out by the Planetary Defense Coordination Office since the date
of enactment of the National Aeronautics and Space
Administration Authorization Act of 2022''.
(e) Near-earth Object Defined.--In this section, the term ``near-
Earth object'' has the meaning given the term in section 321(c) of the
National Aeronautics and Space Administration Authorization Act of 2005
(Public Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
Subtitle C--Aeronautics
SEC. 10831. EXPERIMENTAL AIRCRAFT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) developing high-risk, precompetitive aerospace
technologies for which there is not yet a profit rationale is a
fundamental role of the Administration;
(2) large-scale flight test experimentation and validation
are necessary for--
(A) transitioning new technologies and materials,
including associated manufacturing processes, for
aviation and aeronautics use; and
(B) capturing the full extent of benefits from
investments made by the Aeronautics Research Mission
Directorate; and
(3) a level of funding that adequately supports large-scale
flight test experimentation and validation, including related
infrastructure, should be ensured over a sustained period of
time to restore the capacity of the Administration--
(A) to see legacy priority programs through to
completion; and
(B) to achieve national economic and security
objectives.
(b) Statement of Policy.--It is the policy of the United States--
(1) to maintain world leadership in--
(A) civilian aeronautical science and technology;
and
(B) aerospace industrialization; and
(2) to maintain as a fundamental objective of the
aeronautics research of the Administration the steady
progression and expansion of flight research and capabilities,
including the science and technology of critical underlying
disciplines and competencies, such as--
(A) computational-based analytical and predictive
tools and methodologies;
(B) aerothermodynamics;
(C) propulsion;
(D) advanced materials and manufacturing processes;
(E) high-temperature structures and materials; and
(F) guidance, navigation, and flight controls.
(c) Experimental Aircraft Flight Demonstrations.--
(1) In general.--In meeting the objectives described in
subsection (b), the Administrator shall carry out experimental
aircraft demonstrations, including--
(A) a subsonic demonstrator to demonstrate the
performance and feasibility of advanced, ultra-
efficient, and low emissions subsonic flight
demonstrator configurations;
(B) a low boom flight demonstrator to validate
design tools and technologies that can be applied to
low sonic boom commercial supersonic aircraft and
support the development of a noise-based standard for
supersonic overland flight; and
(C) a flight research demonstrator to test the
performance and feasibility of advanced, ultra-
efficient and net-zero emissions aircraft concepts and
configurations.
(2) Elements.--For each demonstration under paragraph (1),
the Administrator shall--
(A) include the development of experimental
aircraft and all necessary supporting flight test
assets;
(B) pursue a robust technology maturation and
flight test validation effort;
(C) improve necessary facilities, flight testing
capabilities, and computational tools to support the
demonstration;
(D) award any primary contracts for design,
procurement, and manufacturing to United States
persons, consistent with international obligations and
commitments; and
(E) coordinate research and flight test
demonstration activities with other Federal agencies
and the United States aviation community, as the
Administrator considers appropriate.
(3) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(d) Collaboration With Industry and Academia.--The Administration
shall seek means to expand collaboration with industry and academia on
basic research and technology development related to experimental
aircraft, and on the experimental aircraft demonstrations required by
subsection (c).
(e) Advanced Materials and Manufacturing Technology Program.--
(1) In general.--The Administrator may establish an
advanced materials and manufacturing technology program--
(A) to develop--
(i) new materials, including composite and
high-temperature materials, from base material
formulation through full-scale structural
validation and manufacture;
(ii) advanced materials and manufacturing
processes, including additive manufacturing, to
reduce the cost of manufacturing scale-up and
certification for use in aeronautics; and
(iii) noninvasive or nondestructive
techniques for testing or evaluating aviation
and aeronautics structures, including for
materials and manufacturing processes;
(B) to reduce the time it takes to design,
industrialize, and certify advanced materials and
manufacturing processes;
(C) to provide education and training opportunities
for the aerospace workforce; and
(D) to address global cost and human capital
competitiveness for United States aeronautical
industries and technological leadership in advanced
materials and manufacturing technology.
(2) Elements.--In carrying out a program under paragraph
(1), the Administrator may--
(A) build on work that was carried out by the
Advanced Composites Project of the Administration;
(B) partner with the private and academic sectors,
such as members of the Advanced Composites Consortium
of the Administration, the Joint Advanced Materials and
Structures Center of Excellence of the Federal Aviation
Administration, the Manufacturing USA institutes of the
Department of Commerce, and national laboratories, as
the Administrator considers appropriate;
(C) provide a structure for managing intellectual
property generated by the program based on or
consistent with the structure established for the
Advanced Composites Consortium of the Administration;
(D) ensure adequate Federal cost share for
applicable research; and
(E) coordinate with advanced manufacturing and
composites initiatives in other mission directorates of
the Administration, as the Administrator considers
appropriate.
(f) Research Partnerships.--In carrying out the demonstrations
under subsection (c) and a program under subsection (e), the
Administrator may engage in cooperative research programs with--
(1) academia; and
(2) commercial aviation and aerospace manufacturers.
SEC. 10832. UNMANNED AIRCRAFT SYSTEMS.
(a) Unmanned Aircraft Systems Operation Program.--The Administrator
shall--
(1) research and test capabilities and concepts, including
unmanned aircraft systems communications, for integrating
unmanned aircraft systems into the national airspace system;
(2) leverage the partnership NASA has with industry focused
on the advancement of technologies for future air traffic
management systems for unmanned aircraft systems; and
(3) continue to leverage the research and testing portfolio
of NASA to inform the integration of unmanned aircraft systems
into the national airspace system, consistent with public
safety and national security objectives.
(b) Sense of Congress on Coordination With Federal Aviation
Administration.--It is the sense of Congress that--
(1) NASA should continue--
(A) to coordinate with the Federal Aviation
Administration on research on air traffic management
systems for unmanned aircraft systems; and
(B) to assist the Federal Aviation Administration
in the integration of air traffic management systems
for unmanned aircraft systems into the national
airspace system; and
(2) the test ranges (as defined in section 44801 of title
49, United States Code) should continue to be leveraged for
research on--
(A) air traffic management systems for unmanned
aircraft systems; and
(B) the integration of such systems into the
national airspace system.
SEC. 10833. CLEANER, QUIETER AIRPLANES.
(a) Initiative Required.--Section 40112 of title 51, United States
Code, is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Research and Development Initiative on Reduction of
Greenhouse Gas and Noise Emissions From Aircraft.--
``(1) In general.--The Administrator shall establish an
initiative to research, develop, and demonstrate new
technologies and concepts--
``(A) to reduce greenhouse gas emissions from
aviation, including carbon dioxide, nitrogen oxides,
other greenhouse gases, water vapor, black carbon and
sulfate aerosols, and increased cloudiness due to
contrail formation;
``(B) to reduce aviation noise emissions; and
``(C) to enable associated aircraft performance
characteristics.
``(2) Goals.--The goals of the initiative required by
paragraph (1) shall be--
``(A) to ensure United States leadership in
research and technology innovation leading to
substantial reductions in aviation noise and greenhouse
gas emissions;
``(B) to enhance and expand basic research, and the
translation of basic research into applications, that
may lead to transformational advances in reducing
aviation noise and greenhouse gas emissions;
``(C) to accelerate research and development that
contributes to maturing new technologies for reducing
aircraft noise and greenhouse gas emissions; and
``(D) to obtain and disseminate associated testing
and performance data that facilitates the incorporation
of new technologies into commercial aircraft
development as soon as practicable.
``(3) Objectives.--The objectives of the initiative
established under paragraph (1) and the goals described in
paragraph (2) shall include--
``(A) as soon as practicable, a reduction of
greenhouse gas emissions from new aircraft by at least
50 percent, as compared to the highest-performing
aircraft technologies in service as of December 31,
2021;
``(B) noise levels from aircraft throughout all
phases of flight that do not exceed ambient noise
levels in the absence of flight operations in the
vicinity of the flight route;
``(C) net-zero greenhouse gas emissions from
aircraft by 2050; and
``(D) demonstration of new technologies developed
pursuant to such initiative on--
``(i) regional aircraft intended to enter
into service by 2030; and
``(ii) single-aisle aircraft designed to
accommodate more than 125 passengers intended
to enter into service by 2040.''.
(b) Technology Focus Areas.--In carrying out the research and
development initiative established under section 40112(b) of title 51,
United States Code, the Administrator shall advance research,
development, and demonstration projects on promising technologies such
as--
(1) advanced subsonic propulsion technology, design, and
integration;
(2) electric and hybrid-electric propulsion, including
battery electric and hydrogen fuel cell electric systems;
(3) airframe concepts and configurations;
(4) analysis of technology options, including cost-benefit
analysis of greenhouse gas and noise emissions reduction
technologies;
(5) analytical tools for system-level and system-of-
systems-level modeling and integration;
(6) airspace operations improvements;
(7) noise emissions reduction; and
(8) any other effort, as determined by the Administration,
that contributes to a sustainable future for aviation.
(c) Implementation.--In implementing the initiative established
under section 40112(b) of title 51, United States Code, the
Administrator shall, to the extent practicable--
(1) ensure that testing and performance data integrates the
results of community acceptance surveys conducted by the
Federal Aviation Administration and other relevant studies,
including studies on the impacts of new noise effects from
novel propulsion systems and from airspace operations changes;
(2) provide testing and performance data on the
technologies described in subsection (b) of this section to the
Administrator of the Federal Aviation Administration to
facilitate the work of the Federal Aviation Administration in
identifying new requirements for policy, infrastructure, and
administrative capacity necessary to enable the safe
integration of such technologies on aircraft;
(3) pursue partnerships with organizations, current
commercial production aircraft providers, academic
institutions, small businesses, and new entrants, including
partnerships to advance research and development activities
related to both regional aircraft and aircraft designed to
accommodate more than 125 passengers;
(4) include universities, academic institutions, and other
research organizations in the partnerships described in
paragraph (3);
(5) expand basic research;
(6) ensure equity in research sponsorship of, and
partnership opportunities with, underrepresented students,
faculty, and minority-serving-institutions;
(7) continue to coordinate with the Secretary of Energy on
battery technology research;
(8) make available the research and development carried out
under the initiative established under subsection (b) of
section 40112 of title 51, United States Code, to help enable
an industry-wide shift toward aircraft concepts that reduce
greenhouse gas emissions and aircraft noise to achieve the
goals and objectives under paragraphs (2) and (3) of that
subsection; and
(9) continue to support research, development, and
demonstration of aircraft concepts, including systems
architecture, materials and components, integration of systems
and airframe structures, human factors, airspace planning and
operations, and the integration of related advanced
technologies and concepts, with the goal of carrying out test
flights with integrated subsystems by 2025.
(d) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Administrator shall
submit to the appropriate committees of Congress a report on the
progress of the efforts carried out under the initiative established
under subsection (b) of section 40112 of title 51, United States Code,
including--
(1) the status of progress on such initiative;
(2) an updated, anticipated timeframe for readiness of
technologies and aircraft to be adopted by industry with the
emissions reduction levels directed under that subsection; and
(3) an identification of fundamental aeronautics research
activities contributing to achieving the goals and objectives
of such initiative, as described in paragraphs (2) and (3) of
that subsection, and a description of any obstacles to
achieving such goals and objectives.
Subtitle D--Space Technology
SEC. 10841. SPACE NUCLEAR CAPABILITIES.
(a) Nuclear Propulsion.--
(1) Use in robotic and human exploration activities.--The
Administrator, in collaboration with other relevant Federal
agencies and with industry, shall take all necessary steps to
carry out research and development, ground-based testing and
in-space testing, and other associated activities to enable the
use of space nuclear propulsion in Administration robotic and
human exploration activities, including in cargo missions to
Mars in the late 2020's and crewed missions to Mars in the
2030's.
(2) Space nuclear propulsion program.--
(A) In general.--The Administrator shall establish
a space nuclear propulsion program to carry out the
activities described in paragraph (1).
(B) Elements.--The program established under
subparagraph (A) shall include the following:
(i) Research and development in both
nuclear electric and nuclear thermal propulsion
technology maturation efforts, to the extent
practicable, and the development of consistent
figures of merit across both nuclear electric
and nuclear thermal systems, as recommended by
the National Academies of Sciences,
Engineering, and Medicine in the report
entitled ``Space Nuclear Propulsion for Human
Mars Exploration'', so as to inform a down-
selection of a nuclear electric or nuclear
thermal propulsion system by 2026, or as early
as practicable.
(ii) Ground-based testing, to the extent
practicable, including not less than 1 ground-
based test of a full-scale, integrated nuclear
propulsion system before any in-space test or
demonstration of such system.
(iii) In-space demonstration of a nuclear
propulsion system in the late 2020's, which may
be carried out as a cargo mission to Mars.
(3) Plan.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress
a plan to achieve an in-space flight test of a nuclear
propulsion system that could support the first crewed
mission to Mars in the 2030's.
(B) Elements.--The plan required by subparagraph
(A) shall include the following:
(i) A timeline to mature enabling
technologies and an outline of major milestones
for integration of such technologies into the
larger nuclear propulsion system.
(ii) A cost estimate for maturing such
technologies.
(iii) A description of facility
requirements for the program under paragraph
(2) associated with such technologies.
(iv) A description of the manner in which
the Administrator will use the efforts
described in paragraph (2)(B) to determine
whether the in-space flight test should
demonstrate a nuclear electric propulsion
system or a nuclear thermal propulsion system.
(C) An identification of any policy or regulatory
challenges or barriers to conducting such in-space test
or any precursor ground-based testing, and a
description of options for addressing such challenges
or barriers.
(b) Nuclear Surface Power Program.--
(1) Establishment.--The Administrator shall establish a
program for research, testing, and development of a space
nuclear surface power reactor design.
(2) Plan.--
(A) In general.--The Administrator shall--
(i) develop a plan and timeline for the
program established under paragraph (1), taking
into consideration mission needs; and
(ii) include in such plan opportunities for
participation by United States commercial
entities.
(B) Submission.--Not later than 1 year after the
date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress
the plan developed under subparagraph (A).
(c) Assessment of In-space Propulsion Testing Facilities.--
(1) In general.--The Administrator shall carry out a needs
assessment for facilities and technical capabilities required
to support ground-based testing of a full-scale, full-power
integrated nuclear propulsion system.
(2) Element.--The assessment required by paragraph (1)
shall consider the potential development of facilities that
will support long-term research and development of space
nuclear propulsion systems.
(3) Report.--Not later than 270 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the assessment carried out under paragraph (1).
SEC. 10842. PRIORITIZATION OF LOW-ENRICHED URANIUM TECHNOLOGY.
(a) In General.--The Administrator shall prioritize the use of low-
enriched uranium, including high-assay low-enriched uranium, for space
nuclear research and development, including ground and in-space testing
and other related demonstration activities carried out under this
title.
(b) Interagency Collaboration.--The Administrator shall, to the
extent practicable, collaborate and coordinate with the Secretary of
Defense, the Secretary of Energy, and the heads of other relevant
Federal agencies on technology development, knowledge exchange, lessons
learned regarding nuclear power and propulsion technologies, common
fuels, flight demonstrations, and operational systems production for
space applications.
(c) Report on Nuclear Technology Prioritization.--Not later than
120 days after the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a report that
details the actions taken and planned, including a timeline for such
actions, to implement subsection (a).
Subtitle E--STEM Engagement
SEC. 10851. OFFICE OF STEM ENGAGEMENT.
(a) Sense of Congress.--It is the sense of Congress that NASA's
inspiring mission, specialized facilities, skilled engineering and
scientific workforce, and research activities present unique
opportunities for inspiring public engagement in STEM and increasing
the number of students pursuing STEM degrees and careers.
(b) Establishment.--The Administrator shall establish an Office of
STEM Engagement (referred to in this section as the ``Office'') for the
purpose of advancing progress toward the STEM education goals of the
United States by enhancing STEM literacy, increasing diversity, equity,
and inclusion in STEM, and preparing the STEM workforce for the future.
(c) Responsibilities.--The Office established shall be responsible
for coordinating efforts and activities among organizations across the
Administration, including NASA headquarters, mission directorates, and
NASA centers, designed--
(1) to create unique opportunities for students and the
public to learn from and contribute to the work of NASA in
exploration and discovery;
(2) to contribute to the growth of a diverse STEM
workforce; and
(3) to strengthen public understanding of science by
enabling connections to the mission and work of NASA.
(d) Portfolio.--The Office shall coordinate and administer--
(1) the National Space Grant College and Fellowship Program
under chapter 403 of title 51 United States Code;
(2) the Established Program to Stimulate Competitive
Research under section 40903 of title 51 United States Code;
(3) the Minority University Research and Education Project;
(4) the NextGen STEM Project; and
(5) any other program or activity the Administrator
considers appropriate.
(e) Technical Amendments.--Section 40903 of title 51, United States
Code, is amended--
(1) in the section heading, by striking ``Experimental''
and inserting ``Established''; and
(2) in subsection (a), by striking ``Experimental'' and
inserting ``Established''.
Subtitle F--Miscellaneous
SEC. 10861. PROGRAM, WORKFORCE, AND INDUSTRIAL BASE REVIEWS.
(a) Report on Industrial Base for Civil Space Missions and
Operations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and from time to time thereafter,
the Administrator shall submit to the appropriate committees of
Congress a report on the United States industrial base for NASA
civil space missions and operations.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comprehensive description of the current
status of the United States industrial base for NASA
civil space missions and operations.
(B) A description and assessment of the weaknesses
in the supply chain, skills, manufacturing capacity,
raw materials, key components, and other areas of the
United States industrial base for NASA civil space
missions and operations that could adversely impact
such missions and operations if unavailable.
(C) A description and assessment of various
mechanisms to address and mitigate the weaknesses
described pursuant to subparagraph (B).
(D) A comprehensive list of the collaborative
efforts, including future and proposed collaborative
efforts, between NASA and the Manufacturing USA
institutes of the Department of Commerce.
(E) An assessment of--
(i) the defense and aerospace manufacturing
supply chains relevant to NASA in each region
of the United States; and
(ii) the feasibility and benefits of
establishing a supply chain center of
excellence in a State in which NASA does not,
as of the date of the enactment of this Act,
have a research center or test facility.
(F) Such other matters relating to the United
States industrial base for NASA civil space missions
and operations as the Administrator considers
appropriate.
(b) Workforce and Modeling and Test Facilities.--
(1) Review.--
(A) In general.--The Administrator shall enter into
an arrangement with the National Academies of Sciences,
Engineering, and Medicine to carry out a comprehensive
review of the workforce, skills-base, and modeling and
test facilities of the Administration.
(B) Elements.--The review conducted under
subparagraph (A) shall include the following:
(i) A consideration of the use of emerging
technologies in relevant engineering and
science disciplines and the skills needed to
apply such capabilities to Administration
missions across all mission directorates.
(ii) Prioritized recommendations on actions
needed to align the Administration's workforce
with research objectives and strategic goals
and on the improvements and additions to
modeling capabilities and test facilities
needed to meet the Administration's strategic
goals and objectives.
(C) Report.--Not later than 18 months after the
date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress
report on the results of the review conducted under
subparagraph (A).
(2) Implementation plan.--Not later than 120 days after the
date on which the review under paragraph (1) is completed, the
Administrator shall submit to the appropriate committees of
Congress a plan for implementing the recommendations contained
the review.
(3) Report on nasa infrastructure, workforce skills and
capabilities.--
(A) Policy and procedure.--
(i) In general.--The Administrator shall
develop an Administration policy and procedure
for assessment, not less frequently than every
5 years, of the strategic capabilities of the
Administration, including infrastructure and
facilities, and workforce skills and
capabilities.
(ii) Elements.--The policy and procedure
developed under clause (i) shall include
acquiring data and support for Administration
decisions and recommendations on strategic
capabilities, including on infrastructure and
facilities, and workforce skills and
capabilities needed to support the goals and
objectives of the Administration through 2040.
(B) Report.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall
submit the policy and procedure developed under
subparagraph (A) to the appropriate committees of
Congress.
(4) Independent program analysis and evaluation office.--
(A) Establishment.--The Administrator shall
establish within NASA an Independent Program Analysis
and Evaluation Office (referred to in this paragraph as
the ``Office'') for purposes of independently assessing
program performance, making programmatic, technical
risk mitigation and institutional recommendations,
performing cost estimates and analyses, and conducting
strategic planning activities, among other functions.
(B) Independence.--The Office shall remain
independent of any program, and shall have no
programmatic responsibilities, so as to maintain its
independent assessment integrity.
(C) Activities authorized.--In conducting the
functions of the Office, the Administrator may carry
out--
(i) research on program assessment;
(ii) cost, schedule, and technical
estimation; and
(iii) other relevant activities for the
purposes of obtaining the highest level of
expertise and the most effective decision-
making tools with which to inform the
Administrator.
(D) Moon to mars activities.--The Office shall
maintain an ongoing, focused effort to assess the
goals, objectives, requirements, architectural
approach, cost and schedule, and progress of the
Administration's Moon to Mars activities.
(5) International space station.--Not later than 1 year
after the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress the
results of an independent estimate by the Office of the cost of
continuing International Space Station operations through
September 30, 2030, including--
(A) crew and cargo transportation, research to be
undertaken reflecting the priorities described in
section 10816, and maintenance costs; and
(B) opportunities for operational efficiencies that
could result in cost savings and increased research
productivity and the amount of those potential savings
and productivity increases.
SEC. 10862. MODIFICATION OF LEASE OF NON-EXCESS PROPERTY.
(a) In General.--Section 20145 of title 51, United States Code, is
amended in subsection (g), in the first sentence, by striking
``December 31, 2022'' and inserting ``December 31, 2032''.
(b) Reporting Requirements.--Subsection (f) of such section is
amended by adding at the end the following:
``(3) Annual and cumulative number of leases.--The annual
and cumulative number of leases entered into under this
section, by National Aeronautics and Space Administration
center and facility.
``(4) Estimated cost savings.--For each active lease
agreement under this section, the estimated cost savings to the
Administration resulting from reduced maintenance, operating,
and associated costs in the previous fiscal year.
``(5) Other quantifiable benefits.--Other quantifiable
benefits, including additional cost savings not included under
paragraph (4), to the Administration resulting from the use of
leases under this section.''.
(c) Report on Requirements.--Such section is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by adding after subsection (f) the following:
``(g) Report on Enhanced-use Leasing Requirements.--Not later than
270 days after the date of the enactment of the National Aeronautics
and Space Administration Authorization Act of 2022, the Administrator
shall prepare and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on existing
requirements for applicants seeking a lease under this section,
including--
``(1) any requirement related to the involvement of foreign
entities, foreign entity ownership, and foreign entity
investment; and
``(2) at the discretion of the Administrator, any other
requirement related to the protection and security of
Administration missions and facilities.''.
DIVISION C--SUPPLEMENTAL APPROPRIATIONS TO ADDRESS THREATS TO THE
SUPREME COURT OF THE UNITED STATES
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,300,000, to remain available until September 30, 2023, for expenses
necessary to address threats to the Supreme Court of the United States.
TITLE II
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $9,100,000,
to remain available until September 30, 2023, for expenses necessary to
address threats to the Supreme Court of the United States.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 302. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 303. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2022.
Sec. 304. Each amount provided by this Act is designated by
Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Supreme Court Security Funding
Act of 2022''.
Attest:
Secretary.
117th CONGRESS
2d Session
H.R. 4346
_______________________________________________________________________
SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT