[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4346 Enrolled Bill (ENR)]
H.R.4346
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
Making appropriations for Legislative Branch for the fiscal year ending
September 30, 2022, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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
10<SUP>33-34</SUP>cm<SUP>-2</SUP>s<SUP>-1</SUP>; 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.